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Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you need a attorney who is accredited to deal with VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. 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 more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the agency to reimburse him for benefits he was deprived of and to alter its policies on race discharge status, 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, Veterans disability lawsuits and helped move equipment and troops into combat zones. He was later 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" prevented 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 is owed money for his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories with each application and re-application for benefits, the suit claims.
The lawsuit is seeking monetary damages and wants the court require the VA to examine its systems-wide 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 long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk accepted a call 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, but later the discharge he received was not honorable as he was battling two times because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous route.
He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans disability lawyers. It seeks justice for Monk and other veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.
A lawyer with experience can look over the evidence used to support your claim and, if needed, provide new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a significant advantage in your appeals.
One of the main reasons that a veteran's claim for disability is denied is due to the agency has not correctly described their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury and Veterans Disability Lawsuits is debilitating. They may assist you obtain the medical records that are required to support your claim.
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