10 Best Mobile Apps For Veterans Disability Attorney

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse 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. He is requesting that the VA reimburse him for benefits he was deprived of and to alter 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 in the last year, thanks to 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 results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, veterans disability lawsuits he claims the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most painful memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks to have the court require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. 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. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, however 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 battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied access at an amount that was 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, this racial bias was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstances. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For example medical experts could be able to prove that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They may assist you get the medical records that are needed to support your claim.