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 taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to handle 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. However, it comes at a price.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency repay him for the benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability lawyer.

Discrimination 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 decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to order the VA to review systems-wide PTSD bias. It is the latest effort 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, or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination 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 similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. An experienced lawyer in appeals for disabled veterans disability lawyers can assist you in ensuring that your appeal meets all requirements and ensure that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a great benefit to your appeals.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able of working with medical professionals to provide additional proof of your health condition. For instance, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical records you require to support your claim.