The Top Companies Not To Be In The Veterans Disability Attorney Industry

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, Veterans Disability Lawsuits post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, veterans Disability lawsuits is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for benefits he has been deprived of and to change its policies on race, discharge status and denial rates.

Last year, Monk and the veterans disability lawyer 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but later was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate 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 racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer will also know the challenges involved in dealing with the VA and can create a higher level of empathy for the situation. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able prove that your pain is a result of the injury you sustained while working and is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.