The History Of Veterans Disability Attorney

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

veterans disability attorneys with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, Veterans Disability Lawsuits a former psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

Last year, Monk and the veterans disability law firms 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. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but his discharge was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied access at a rate significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and is disabled. They may also be able help you get the medical records required to prove your claim.