The History Of Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with the cost of.

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, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to compensate him for the benefits it has denied him, and to modify 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 made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawyers Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans disability attorneys.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court require the VA to look into systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was less than honorable because he had two fights caused by 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 greater 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a huge asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical records required to support your claim.