20 Myths About Veterans Disability Attorney: Dispelled
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Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has a huge victory. However, it comes with a huge price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is 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, homes work, education and employment. He wants the agency to compensate him for benefits he was deprived of, and to modify its policies regarding 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 by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full 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 suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.
The lawsuit is seeking monetary damages and wants the court decide to require the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.
Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.
He was denied benefits at a much higher rate than white counterparts. According to the lawsuit brought in 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 widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeals
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. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.
A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable benefit to your appeals.
A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance medical experts could be able to prove that the pain you feel is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical records you require to prove your claim.
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