The Three Greatest Moments In Veterans Disability Attorney History

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is why you should hire an attorney that is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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 greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National veterans disability lawsuit Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members, except for child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied access at the rate of significantly more than white people. This racial discrimination was systemic and widespread, according to 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 claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your health condition. For example medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They may also be able to help you get the medical records required to support your claim.