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. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of veterans disability attorney Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, a 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 received several medals for his service, but he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher 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 claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your situation. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your situation. For instance an expert in medical practice might be able prove that the pain you feel is a result of your service-related injury and that it is causing disability. They might also be able help you obtain the medical records that are required to support your claim.