Why You Should Concentrate On Enhancing Veterans Disability Attorney
Alba Arrington
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06.21 22:17
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. You need an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency pay him back for benefits he was deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures 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 veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks monetary damages and asks the court to orally order the VA to examine the the 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 into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.
A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be an invaluable benefit in your appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional proof of your health condition. For instance, a medical expert may be able to show that the pain you are experiencing is a result of your service-connected injury and is causing disability. They may be able to assist you in obtaining the medical records needed to prove your claim.
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. You need an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency pay him back for benefits he was deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures 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 veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks monetary damages and asks the court to orally order the VA to examine the the 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 into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Those who have served our nation in uniform, or who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.
He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.
A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be an invaluable benefit in your appeals process.
One of the main reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional proof of your health condition. For instance, a medical expert may be able to show that the pain you are experiencing is a result of your service-connected injury and is causing disability. They may be able to assist you in obtaining the medical records needed to prove your claim.