Veterans Disability Attorney s History 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 victimized by lawyers who use their benefits as a cash cow. This is why you need a attorney who is accredited to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He wants the VA to reimburse him for the benefits they have denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on 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 vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who are their companions deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors with the exception of alimony and 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 from the combat zones. He was awarded several medals, but his discharge was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf 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 failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorneys.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be a huge advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly described their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medicine could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They may be able to assist you in getting the medical records you require to support your claim.