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 earn profits often make use of their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won a major victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as 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 in the last three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. Monk wants the VA to compensate him for the benefits it has denied him, and to alter their policies regarding 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve 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 battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on every 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 like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most common myths is that veterans disability attorney may have their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by family members and creditors, except for child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much higher rate than white peers. 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, Veterans Disability Lawsuits this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you are considering appealing the decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present new and additional evidence when needed. 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 invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. For instance an expert in medicine might be able prove that the pain you suffer is a result of your service-related injury and that it is disabling. They may also be able to help you obtain the medical records required to prove your claim.