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 veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed 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 more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He demands that the agency pay him back for benefits it has deprived him of, and to modify its 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 data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and veterans disability lawsuit the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans Disability lawsuit between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories in each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members with the exception of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is important to appeal as soon as you can. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and it receives a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence if necessary. The lawyer will also understand the challenges involved in dealing with the VA and could increase the level of empathy for the situation. This can be an important benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. For example an expert in medical practice may be able to show that the pain you feel is related to your service-connected injury and that it is causing impairment. They may also be able help you obtain the medical records that are needed to support your claim.