Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You require an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. However, it comes with a significant cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School veterans Disability lawsuit Legal Services Clinic and veterans disability lawsuit Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.
Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He is requesting that the VA reimburse him for the benefits it has not provided him and veterans disability Lawsuit to change their policies on race, discharge status, and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyers Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks monetary damages and seeks to have the court require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
Veterans who have served our country in uniform or those who are their companions deserve truthful information about the benefits for veterans disability attorney and their impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished 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 protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.
He was denied benefits at the rate of significantly more than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability litigation Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is essential to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.
A lawyer with experience can look over the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This could be a great benefit to your appeals.
One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your situation. For instance an expert in medical practice might be able prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical evidence you need to prove your claim.
