Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from disabled veterans to make money often use their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans disability lawsuit of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks monetary damages and asks the court to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, spent 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 work, but he was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied access at the rate of significantly more than his white peers. This discrimination against Blacks was systematic 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you are considering appealing a decision, it is important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A qualified lawyer will be able to review the evidence used to justify your claim and present additional evidence and documentation if necessary. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be a valuable advantage in your appeals.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For example an expert in medicine might be able demonstrate that the pain you experience is related to your service-connected injury and is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.
Attorneys who profit from disabled veterans to make money often use their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with a significant price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans disability lawsuit of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories in each application and re-application to receive benefits, the suit says.
The lawsuit seeks monetary damages and asks the court to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members except for alimony or child support.
Conley Monk, a volunteer for his country, spent 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 work, but he was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied access at the rate of significantly more than his white peers. This discrimination against Blacks was systematic 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you are considering appealing a decision, it is important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A qualified lawyer will be able to review the evidence used to justify your claim and present additional evidence and documentation if necessary. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be a valuable advantage in your appeals.
One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For example an expert in medicine might be able demonstrate that the pain you experience is related to your service-connected injury and is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.