This Week s Top Stories Concerning Veterans Disability Attorney

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies 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 during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and 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 in the past three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change 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 information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans disability lawsuit. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against 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. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability attorneys disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed 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 asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and that it is debilitating. They might assist you obtain the medical records needed to support your claim.