The History Of Veterans Disability Attorney

veterans disability lawyer 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 cash cow. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims 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, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies on race discharge status, Veterans Disability lawsuits discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which 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 an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed 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 did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if needed, provide additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that your pain is a result of the injury you sustained while working and is disabled. They might also be able help you get the medical records required to prove your claim.