Where Do You Think Veterans Disability Attorney One Year From This Year

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

Veterans with disabilities are often exploited by attorneys who use their benefits to make a profit. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He wants the agency to compensate him for benefits he was deprived of and to change its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to review systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a huge advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury and is disabling. They may assist you get the medical records that are required to support your claim.