How The 10 Most Disastrous Veterans Disability Attorney Failures Of Al…
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Attorneys who exploit disabled veterans to earn money often rely on their benefits. You should hire an attorney who is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes at cost.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.
Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency compensate him for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
Discrimination in PTSD
According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.
The lawsuit seeks damages in the form of money and seeks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law 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, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.
He was denied at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you are considering appealing an appeal, it's important to appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.
A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit new and additional proof. The lawyer will also understand the challenges of dealing with the VA and could lead to a greater level of empathy for the situation. This could be a great asset in your appeals process.
One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't properly described their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able to demonstrate that your pain is due to your service-related injury, and is debilitating. They may also be able assist you in obtaining the medical records needed to support your claim.
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