Veterans Disability Attorney: 10 Things I Wish I'd Known Earlier
Christen Luxton
0
125
06.18 04:46
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you should hire a attorney who is accredited to deal with 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 won a major victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for the benefits that it has denied him and to amend their policies on 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 disability attorney Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability attorneys from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order 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 the payment of veterans from claims brought by creditors and family members, except for alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding road.
He was denied services at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of understanding for your situation. This can be an invaluable advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury and that it is disabling. They might be able assist you in getting the medical records you require to prove your claim.
Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you should hire a attorney who is accredited to deal with 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 won a major victory. However, it comes with a hefty price tag.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for the benefits that it has denied him and to amend their policies on 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 disability attorney Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability attorneys from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.
He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.
The lawsuit seeks monetary damages and also asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who have served our nation in uniform, or who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order 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 the payment of veterans from claims brought by creditors and family members, except for alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding road.
He was denied services at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.
A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of understanding for your situation. This can be an invaluable advantage in the appeals process.
A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury and that it is disabling. They might be able assist you in getting the medical records you require to prove your claim.