What Is Veterans Disability Attorney History Of Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to pay him back for benefits he has been deprived of and to change 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 via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional harm from reliving the most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than his white peers. 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. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans disability attorneys who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional proof. A lawyer also knows the difficulties of dealing with the VA, and this can increase the level of empathy for your situation. This can be a significant benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example, a medical expert might be able prove that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They could be able to assist you in getting the medical evidence you need to support your claim.