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Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday 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 in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater 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, an ex-psychiatric nurse and retired, says that discrimination from 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 the benefits that it has denied him and to change 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 data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white Veterans Disability lawsuit between 2001 to 2020. The average denial rate for black veterans disability attorneys was 6.3 percent higher than white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans disability lawyer.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories in each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt 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
Those who have served our nation in uniform and those who accompany them deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' funds 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 combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.
He was denied at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing the decision, it is important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.
A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence if necessary. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a great benefit to your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. For example an expert in medical practice might be able demonstrate that the pain you feel is related to your service-connected injury and is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.
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