Veterans Disability Attorney 10 Things I Wish I'd Known Earlier
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. 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 claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies regarding 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform, or who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members including child support and alimony.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.
He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National veterans disability law firm Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation when needed. The lawyer will also be aware of the difficulties of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge asset in your appeals process.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing impairment. They may also be able to assist you obtain the medical records that are required to prove your claim.
Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. 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 claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies regarding 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Those who have served our nation in uniform, or who are their companions deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members including child support and alimony.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.
He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National veterans disability law firm Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation when needed. The lawyer will also be aware of the difficulties of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge asset in your appeals process.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing impairment. They may also be able to assist you obtain the medical records that are required to prove your claim.
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