The Three Greatest Moments In Veterans Disability Attorney History

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for benefits that it has taken him out of, and to modify 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 data through Freedom of Information Act requests that they made on behalf of the National Veterans 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 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was 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 filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and also to orally order the VA to review the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that the two battles he endured were due to undiagnosed 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 much higher rate than white peers. According to the lawsuit filed in 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 but did not address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence when needed. A lawyer who understands the VA's challenges can be more understanding of your situation. This can be a valuable benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. 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 prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They may assist you obtain the medical records needed to support your claim.