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 victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to repay him for the benefits it has deprived him of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt 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

Veterans who have served our nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought 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 but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you're considering appealing an agency decision, it's essential to do so as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer also knows the challenges of dealing with the VA and could lead to a greater level of empathy for the situation. This could be a great advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your situation. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is debilitating. They may be able to assist you in getting the medical records you require to support your claim.