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Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you require a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans disability lawyers by denying disability compensation claims at a 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 during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.
Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, veterans disability Lawsuits as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application for benefits, the suit says.
The lawsuit seeks financial damages and also to decide to require the VA to examine the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
People who have served their nation in uniform, or who are their companions deserve truthful information about the benefits for veterans and their impact on money issues in 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 the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans disability lawyer' payment from claims made by family members and creditors in the case of child support and alimony.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than his 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long 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 is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.
A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be a significant asset in your appeals.
A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your situation. A medical expert, for example, may be able prove that your pain is due to your service-related injury and that it is in a way limiting. They may assist you get the medical records that are needed to support your claim.
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