20 Trailblazers Are Leading The Way In Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of 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 discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk volunteered 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 equipment and troops to combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most painful memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can garnish Veterans disability lawsuit' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and pervasive, according 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. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be a significant benefit to your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able demonstrate that the pain you suffer is due to your service-related injury and is causing you to be disabled. They might also be able to assist you obtain the medical records that are required to prove your claim.