The 3 Greatest Moments In Veterans Disability Attorney History

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

Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you should hire an attorney that is certified to deal with 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. But it comes with an expense.

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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past 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, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change its policies on race discharge status, 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 by way of 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 likely 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

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans disability attorney' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. This racial discrimination was systemic 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 but did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. If you're considering appealing an agency decision, it's essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly described their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is a result of your service-related injury and is disabling. They may also be able to assist you get the medical records that are required to support your claim.