20 Trailblazers Are 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 often taken advantage of by lawyers who use their benefits as a way to earn money. You need 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 deadly air carrier collision has won a major victory. However, it comes with an expense.

Class Action Settlement

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

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to pay him back for benefits he has been deprived of and to amend its policies on race as well as 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 receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color veterans disability Lawsuits than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up 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 combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as soon as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present new and additional evidence should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be a huge advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is disabling. They might also be able to assist you get the medical records required to support your claim.