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Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to repay him for the benefits he was deprived of and to change its policies on race, 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 receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans disability attorney was 6.3 percent higher than white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans disproportionately.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued 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 in order to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks financial damages and seeks to have the court order 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 to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors including alimony and child support.
Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a higher rate than his white peers. The discrimination was racial 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 was aware of and failed to take action to end decades of discrimination against Black veterans. 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 fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A licensed lawyer can examine the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This can be a huge advantage during your appeals procedure.
One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you suffer is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical records required to prove your claim.
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