20 Trailblazers Lead The Way In Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money often use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a significant victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much 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 much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to pay him back the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made 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 the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability Lawsuit (misojin.co), as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, veterans disability lawsuit he received an unjust discharge that was less than an honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial compensation and also asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as you can. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who knows the VA's issues can be more sympathetic to your situation. This can be an important advantage in your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to support your claim.