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Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. This is why you require a attorney who is accredited to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won a major victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during 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 the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He wants the VA to reimburse him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National veterans disability law firms Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for veterans disability attorney a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most painful memories with each application and re-application, the suit says.
The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that courts in the state can confiscate veterans disability law firm' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult route.
He was denied benefits at a higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.
A competent lawyer will review the evidence to support your claim and, should it be necessary, present additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This could be a great advantage in the appeals process.
A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your situation. A medical expert is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical records you require to support your claim.
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