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 source of cash. This is the reason you need an attorney with the right qualifications to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents 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 greater rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability attorneys Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided 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, however was discharged that was less than honorable because he had two fights because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate than white counterparts. 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 asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer will also know the challenges of dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a valuable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to prove your claim.