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 exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed Monday that 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for benefits that it has taken him out of and to alter its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans 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 suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and wants the court order the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from family members and creditors, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This can be a valuable benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able show that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.
Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty cost.
Class Action Settlement
According to a lawsuit filed Monday that 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for benefits that it has taken him out of and to alter its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans 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 suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and wants the court order the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or those who accompany them deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from family members and creditors, except for child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This can be a valuable benefit to your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able show that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.
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