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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes with a significant price tag.

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 which is significantly 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 documents obtained by Monk and 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, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and asks the court to require 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 make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a greater rate than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorney similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.