The Three Greatest Moments In Veterans Disability Attorney History

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

Veterans with disabilities are often 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 was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of veterans disability law firms Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, who is 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 affected their health, home work, education and employment. He demands that the agency repay him for the benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed 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 be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance 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 in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial 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 force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors in the case of child support and alimony.

Conley Monk, a volunteer for his country, spent 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 was battling two times due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher 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. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of veterans disability law firms Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A licensed lawyer can review the evidence used to prove your claim and then submit new and additional evidence if necessary. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your medical 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 disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.