10 Quick Tips On Veterans Disability Attorney
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Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which 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, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National monticello veterans disability lawsuit Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black Shafter veterans disability lawsuit (vimeo.com).
Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit claims.
The lawsuit seeks monetary damages and seeks the court to direct the VA to examine 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 address long-running discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our country in uniform or who accompany them require honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.
Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but his discharge was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult road.
He was denied benefits at a higher rate than white peers. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.
Appeal
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.
A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit in your appeals process.
A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional proof of your medical condition. A medical expert is one example. They may be able show that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might be able assist you in obtaining the medical records needed to prove your claim.
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