Three Greatest Moments In Veterans Disability Attorney History

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying 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 in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to compensate him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on 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 VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but later the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long 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're considering appealing a decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence in the event of need. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. For instance an expert in medicine could be able to prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They may also be able assist you in obtaining the medical records needed to support your claim.