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Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney who is certified 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 fatal air carrier collision has won a major victory. However, it comes with a significant cost.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and 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 during the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to reimburse him for benefits he was deprived of and to alter its policies on race, discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability attorneys between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in a disproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.
He filed a lawsuit against the military to reverse the discharge and received 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 emotional harm from reliving the most traumatic memories each time he applied and re-application, the suit claims.
The lawsuit seeks financial damages and also to orally order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.
Alimony Discrimination
People who have served their nation in uniform and those who accompany them deserve honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors, except for child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding path.
He was denied benefits at a rate significantly higher than white people. This discrimination against Blacks was systematic and pervasive, 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. 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.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. If you're thinking of appealing a decision, it is important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.
A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a significant advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able prove that the pain you suffer is related to your service-connected injury and that it is disabling. They might also be able help you get the medical records that are required to support your claim.
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