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 veterans with disabilities to make money often use their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed a number of people has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency reimburse him for benefits he was deprived of, and to modify its policies on race discharge status, 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for Veterans Disability Lawsuits his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and Veterans Disability Lawsuits did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as soon as you are able. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is compliant with all the requirements and it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be an invaluable advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able work with medical experts to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.