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Attorneys who profit from disabled veterans to make money often rely on their benefits. You require an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with a hefty price tag.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA compensate him for benefits he has been deprived of and to amend its policies regarding race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National veterans disability attorneys Council for Legal Redress and the Black veterans disability law firm Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and also to require the VA to look into 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 victims of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members other than alimony and veterans disability lawsuits child support.
Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.
He was denied benefits at a higher rate than white peers. 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 discrimination was systemic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.
A licensed lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This can be an invaluable benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is debilitating. They might assist you get the medical records that are needed to support your claim.
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