4 Dirty Little Secrets About The Veterans Disability Attorney Industry
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Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you require an attorney with the right qualifications to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial price tag.
Class Action Settlement
The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.
Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits it has denied him, and to modify their policies regarding race, 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. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.
Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honorable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.
The lawsuit seeks financial damages and also to order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans disability lawsuit who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members with the exception of child support and alimony.
Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later was discharged that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding route.
He was denied at an rate that was much 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 racial discrimination was systemic and widespread. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeal
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.
A competent lawyer will review the evidence used to prove your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a significant benefit to your appeals.
One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able prove that your pain is due to the injury you sustained while working and is disabled. They may also be able help you obtain the medical records that are required to support your claim.
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