The Ugly Truth About Veterans Disability Attorney
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Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes at the cost of.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
PTSD Discrimination
According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.
Alimony Discrimination
People who have served in the military or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans disability attorneys can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members other than alimony and child support.
Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but was discharged that was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding path.
He was denied benefits at a higher rate than white counterparts. The discrimination was racial and pervasive, according 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 asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as you can. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and you are given a fair hearing.
A lawyer who is qualified is able to examine the evidence used to justify your claim and present additional evidence and documentation in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a valuable advantage during your appeals procedure.
A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. For instance medical experts might be able demonstrate that the pain you experience is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical evidence you need to prove your claim.
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