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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. 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 more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the VA to pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans disability lawyer from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

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

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and Veterans Disability Lawsuits family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but later his discharge was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought 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. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly described their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical evidence you need to prove your claim.