What Is Veterans Disability Attorney History Of Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much 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 documents 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 higher rate than white veterans during the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which 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 an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans disability law firm of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors, except for alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied services at the rate of significantly more than white people. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for Veterans Disability Lawsuits benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence, if necessary. A lawyer who knows the VA's challenges can be more understanding of your situation. This can be a significant benefit in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not correctly classified their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. For instance an expert in medicine might be able demonstrate that the pain you experience is related to your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.