20 Trailblazers Lead The Way In Veterans Disability Attorney

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. You require an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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 VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 revealed that Black veterans disability attorney were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

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

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous road.

He was denied services at a rate significantly higher 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, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Lawsuits Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's important that you do so in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim, and if needed, provide new and additional proof. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of empathy for the situation. This can be a significant asset in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury and is disabling. They might assist you obtain the medical records required to prove your claim.