Why You Should Concentrate On Improving Veterans Disability Attorney
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Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you need an attorney that is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes with a price.
Class Action Settlement
According to a lawsuit filed on Monday 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, 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.
Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to reimburse him for the benefits it has denied him and to change 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 in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black veterans disability lawsuit were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination against PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.
He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial compensation and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like 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 accompany them need truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished 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 safeguard veterans' payments against claims from creditors and family members with the exception of alimony and child support.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied benefits at a much higher rate than white peers. 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. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans disability attorneys. It seeks justice for Monk and other veterans.
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 crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal complies with all the requirements and that it gets a fair hearing.
A licensed lawyer can review the evidence that was used to support your claim and submit additional evidence, should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.
One of the most common reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able of working with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able show that your pain is a result of your service-related injury and is in a way limiting. They might assist you get the medical records required to support your claim.