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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need an attorney that is certified to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records 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 greater rate than white veterans during the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans disability law firms to be affected in ways that have impacted their health, homes as well as their education, employment and home. He would like the VA to pay him back the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application, the suit states.

The lawsuit seeks monetary damages and also to orally order the VA to examine the the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans disability lawsuit may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members with the exception of alimony and child support.

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

He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread 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. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence, if necessary. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of understanding for your situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing 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. A medical expert is one example. They may be able show that your pain is caused by the injury you sustained while working and is in a way limiting. They could be able to assist you in getting the medical evidence you need to support your claim.