10 Things You Learned From Kindergarden To Help You Get Started With Veterans Disability Attorney

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A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that 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 an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to change its policies regarding race as well as 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 via Freedom of Information Act requests, which they filed 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 be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans disability law firms.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

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

The lawsuit seeks monetary damages and asks the court to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. 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 like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer also knows the challenges of dealing with the VA and this could lead to a greater level of empathy for the situation. This can be a valuable benefit to your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to work with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury and is disabling. They might assist you obtain the medical records needed to support your claim.