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Attorneys who profit from disabled veterans disability lawyers to earn profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. However, it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly 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 in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans Disability lawsuit. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
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 equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.
He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application to receive benefits, the suit states.
The lawsuit seeks monetary damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence in the event of need. A lawyer who understands the VA's issues can be more understanding of your situation. This can be a huge asset in your appeals process.
A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and is disabling. They could be able to assist you in getting the medical records required to support your claim.
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