The 3 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 source of cash. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans disability lawsuit during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for the benefits that it has denied him and to change their policies regarding race, discharge status, and denial rates.

In the past 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 disability law firms Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans disability attorneys.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was 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 myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It 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's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence used to support your claim and, if needed, provide new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This could be a great asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional proof of your condition. A medical expert for instance, might be able to prove that your pain is due to the injury you sustained while working and is disabling. They might be able assist you in getting the medical evidence you need to prove your claim.