20 Trailblazers Setting The Standard In Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. 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 related to a deadly air carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans disability law firm by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability law firm Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, claims that 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 wants the agency to reimburse him for benefits he was deprived of and to alter its policies regarding race, Veterans Disability Lawsuits discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted 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, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied services at an amount that was significantly higher than white people. The discrimination was racial and widespread, according to 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 claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, it's crucial to file an appeal immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. A lawyer also knows the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This can be an important benefit in your appeals.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able to prove that your pain is caused by your service-related injury, and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.