20 Trailblazers Leading The Way In Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability lawsuit by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to compensate him for benefits it has deprived him of and to alter 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 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

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active 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. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented 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 range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Veterans disability Lawsuits Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence when needed. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your condition. A medical professional is one example. They may be able show that your pain is caused by your service-related injury and that it is disabled. They might be able assist you in getting the medical records you require to prove your claim.