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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday, 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 a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on 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, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into 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" prevented him from receiving home loans, tuition aid and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.
The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans disability law firm' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice 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 essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.
A qualified lawyer can examine the evidence used to prove your claim and then submit new and additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant benefit in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that your pain is caused by your service-related injury, and is disabled. They might also be able to assist you get the medical records that are required to support your claim.
Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday, 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 a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on 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, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into 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" prevented him from receiving home loans, tuition aid and other benefits.
He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.
The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans disability law firm' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice 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 essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.
A qualified lawyer can examine the evidence used to prove your claim and then submit new and additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant benefit in your appeals.
One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that your pain is caused by your service-related injury, and is disabled. They might also be able to assist you get the medical records that are required to support your claim.
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