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Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is certified to deal with VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with a substantial price tag.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. 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 VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.
In the past year, Monk and the veterans disability Lawsuit (www.mallangpeach.com) Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination against PTSD
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with every application for benefits.
The lawsuit is seeking monetary damages and asks the court to order the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them require truthful information about the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that 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 fulfills all requirements and receives an impartial hearing.
A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of empathy for your situation. This could be a valuable benefit in your appeals process.
One of the main reasons that a veteran's claim for disability is rejected is because the agency has not properly described their condition. A qualified 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 work with medical experts to provide additional proof of your condition. For instance medical experts could be able to prove that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might also be able to assist you get the medical records that are needed to support your claim.
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