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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

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

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims made by Black Veterans disability attorney in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but his discharge was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

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 that you do so immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This could be a great advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly classified their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. For example an expert in medical practice may be able to show that the pain you experience is related to your service-connected injury and is causing you to be disabled. They may assist you obtain the medical records that are needed to support your claim.