The Three Greatest Moments In Veterans Disability Attorney History
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Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a significant victory. But it comes with a substantial cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to 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 greater rate than white veterans during the past three decades.
Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He wants the agency to compensate him for benefits that it has taken him out of and to change its policies on race discharge status, discharge status and denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans disability lawsuit of color than for white veterans disability lawsuit.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.
The lawsuit is seeking monetary damages and asks the court to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them need truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for 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 was awarded several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous road.
He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing an agency decision, it's important to appeal as soon as possible. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A licensed lawyer can review the evidence used to back your claim and provide new and additional evidence when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be an important benefit to your appeals.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may also be able help you obtain the medical records that are required to prove your claim.
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