The 10 Most Infuriating Veterans Disability Attorney-Related FAILS Of All Time Could Have Been Avoided

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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans disability Lawsuit to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for the benefits that it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine its 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 the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. 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 simply not true. Congress carefully designed the law found 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 decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This could be a great benefit in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency has not properly classified their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is due to your service-related injury, and is disabled. They might be able assist you in obtaining the medical records needed to support your claim.