Ten Things You Need To Learn About Veterans Disability Attorney
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability lawyers with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.
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, home, employment and education. Monk wants the VA to reimburse him for benefits they have denied him and to amend their policies on race and discharge status as well as 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 data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit states.
The lawsuit seeks monetary damages and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members with the exception of child support and alimony.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and Veterans Disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you are considering appealing the decision, it is essential to do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and ensure that it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable advantage in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. For instance an expert in medical practice might be able prove that the pain you feel is a result of your service-related injury and is causing impairment. They may also be able to assist you obtain the medical records that are required to support your claim.
veterans disability lawyers with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.
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, home, employment and education. Monk wants the VA to reimburse him for benefits they have denied him and to amend their policies on race and discharge status as well as 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 data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit states.
The lawsuit seeks monetary damages and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who are their companions deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members with the exception of child support and alimony.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and Veterans Disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you are considering appealing the decision, it is essential to do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and ensure that it receives a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable advantage in your appeals.
One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. For instance an expert in medical practice might be able prove that the pain you feel is a result of your service-related injury and is causing impairment. They may also be able to assist you obtain the medical records that are required to support your claim.
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