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Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you require an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed Monday 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 a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans disability law firm over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.
In the past year, Monk and the Veterans 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 data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
The veterans disability Attorney Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is 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 provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.
The lawsuit seeks monetary damages and also to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, veterans disability Attorney ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.
Conley Monk, who was 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, but later the discharge he received was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding road.
He was denied benefits at an amount that was significantly higher than white people. This racial discrimination was systemic 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. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. If you're considering appealing an appeal, veterans disability attorney it's important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.
A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation should it be required. A lawyer also knows the challenges of dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great benefit in your appeals process.
One of the primary reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. For example an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to support your claim.
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