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Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes at a price.
Class Action Settlement
The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly 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 the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, an 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 work, education and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to change their policies regarding race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.
He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories each time he applied and re-application, the suit claims.
The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. The discrimination was racial and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end 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 person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important to appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.
A lawyer with experience can look over the evidence used to prove your claim, and if necessary, submit additional and more convincing evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be a huge benefit in your appeals process.
One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your medical condition. A medical expert is one example. They may be able to prove that your pain is caused by your service-related injury and that it is debilitating. They might also be able to help you obtain the medical records that are needed to support your claim.