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Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you require an attorney who is licensed to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes at the cost of.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans disability law firms. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to reimburse him for benefits that it has taken him out of and to change its policies regarding race as well as discharge status and 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, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits, the suit says.
The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or child support.
Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. 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 greater rate 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 knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and it receives a fair hearing.
A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of understanding for your situation. This could be a valuable benefit in your appeals process.
A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and is causing disability. They may also be able to assist you get the medical records that are required to support your claim.
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