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Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is why you require an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes at an expense.
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 in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.
Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He wants the VA to pay him back the benefits that it has denied him and to change their policies regarding race and discharge status as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys Project. The results showed that Black veterans disability law firm were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination based on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in adisproportionate way.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.
He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.
The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or who accompany them deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members including alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult route.
He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed in 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. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the requirements and that you are given a fair hearing.
A qualified lawyer can review the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be an important advantage in your appeals.
A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your medical condition. For instance, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.
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