Three Greatest Moments In Veterans Disability Attorney History

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A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during 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 higher rate than white veterans in the last three decades.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He would like the VA to pay him back the benefits it has not provided him and to amend 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much greater rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans disability lawyer can help you ensure that your appeal meets all requirements and it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This can be a valuable advantage in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is due to your service-related injury and that it is causing impairment. They could be able to assist you in getting the medical evidence you need to prove your claim.