What Is Veterans Disability Attorney History Of Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed 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 much higher rate than those of 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 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, homes as well as their education, employment and home. He is requesting that the VA compensate him for benefits it has deprived him of and to alter its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability lawyers.

Discrimination basing it on 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 an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to review systems-wide PTSD bias. It is the latest move 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 sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, veterans disability lawsuits to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at an rate that was much higher than white people. 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, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit new and additional proof. A lawyer also knows the challenges of dealing with the VA and could create a higher level of empathy for your circumstance. 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 will ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you experience is related to your service-connected injury and is disabling. They might also be able to assist you obtain the medical records required to prove your claim.