Veterans Disability Attorney: The Good, The Bad, And The Ugly
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability attorneys, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.
One of the main reasons a veteran's disability claim is denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your condition. For example medical experts could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They may also be able to assist you get the medical records that are needed to support your claim.
Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to manage VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability attorneys, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with each application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors in the case of alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.
He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.
One of the main reasons a veteran's disability claim is denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your condition. For example medical experts could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They may also be able to assist you get the medical records that are needed to support your claim.
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