20 Trailblazers Setting The Standard In Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to 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 records 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 in the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency pay him back for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability attorney.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve 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 ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and also to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' funds 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, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied access at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought 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 did not deal with 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 a decision made by the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation if necessary. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able show that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical records you require to prove your claim.