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Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in 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. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans disability attorney were statistically less prone to be granted a claim for disability than white veterans 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 on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and also to decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like 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
Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members in the case of child support and alimony.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.
He was denied benefits at an rate that was much higher 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It 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 who are like him.
Appeal
The VA Board of veterans disability lawyer Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.
A qualified lawyer is able to examine the evidence used to back your claim and provide new and additional evidence if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstance. This could be a great benefit in your appeals process.
One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.
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