Why You Should Concentrate On Making Improvements In Veterans Disability Attorney

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Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney with the right qualifications 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 collision that claimed the lives of dozens has a huge victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and 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 during the last three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to reimburse him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim 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 based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and [Redirect Only] troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later given 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 path.

He was denied at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be a significant advantage in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able to prove that your pain is a result of the injury you sustained while working and is debilitating. They might also be able help you obtain the medical records required to support your claim.