The 3 Greatest Moments In Veterans Disability Attorney History
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Attorneys who exploit disabled veterans to make money often use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. But it comes at an expense.
Class Action Settlement
The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in 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 from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to pay him back for benefits he has been deprived of and to alter 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 data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.
PTSD Discrimination
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans disability attorney.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.
The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors including alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights 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 more frequent rate than his white counterparts. This discrimination against Blacks was systematic and widespread, as per 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. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you are considering appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.
A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence and documentation if necessary. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be an important asset in your appeals.
One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly characterized their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your health condition. For example, a medical expert may be able to show that the pain you experience is related to your service-connected injury and is disabling. They may also be able to assist you obtain the medical records needed to support your claim.