10 Untrue Answers To Common Veterans Disability Attorney Questions: Do You Know The Right Answers

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A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old 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 ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans disability law firms to suffer in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to pay him back the benefits they have 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 information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. 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 that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine the the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans disability Lawsuit' compensation against claims from creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at an amount that was significantly 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, the discrimination against Black veterans was systematic and veterans disability Lawsuit widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an appeal, it's important to appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and that it gets a fair hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. An experienced attorney will be able work with medical experts to provide additional proof of your situation. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is causing impairment. They might also be able to assist you get the medical records needed to support your claim.