What Is Veterans Disability Attorney Heck Is Veterans Disability Attorney

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A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash which killed dozens has a huge victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans disability law firm. 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, 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 last three decades.

Monk who is a retired psychiatric nurse, Veterans disability lawsuits says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits it has not provided him, veterans disability lawsuits and to alter their policies on race, discharge status, and denial rates.

Monk and the veterans disability law firm 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 revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied services at a rate significantly higher than his white peers. The discrimination was racial and pervasive, according 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. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. The lawyer will also understand the challenges involved in dealing with the VA and could create a higher level of empathy for your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For example, a medical expert might be able demonstrate that the pain you suffer is a result of your service-related injury and is causing disability. They might also be able to assist you get the medical records that are needed to support your claim.