Its History Of 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 frequently use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial 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 significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits he was deprived of, and to modify its policies on 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, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed 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% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the veterans disability lawyer Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and asks the court to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you're thinking of appealing an appeal, it's essential to do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence, if necessary. The lawyer will also understand the difficulties of dealing with the VA and this could result in a greater degree of empathy for the situation. This can be an important asset in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your medical condition. For example, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might also be able to assist you obtain the medical records required to support your claim.