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 profit from disabled veterans to make profits often make use of their benefits. You require an attorney who is licensed to handle 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 hefty price tag.
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, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to repay him for the benefits he was deprived of and to alter its policies regarding race as well as discharge status and denial rates.
Monk and the veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed 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 to show that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to reverse 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 previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each application for benefits.
The lawsuit seeks financial damages and seeks to have the court require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.
Alimony Discrimination
People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained 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 decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him 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 and failed to confront decades-old 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 claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.
A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be a significant benefit to your appeals.
One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is due to your service-related injury and is causing impairment. They may also be able help you obtain the medical records that are required to support your claim.
