Where Will Veterans Disability Attorney Be 1 Year From Now

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 that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has been awarded a significant victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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 affected their health, home work, education and employment. Monk wants the VA to pay him back for benefits that it has taken him out of and to amend 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 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 showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories in each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like 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

Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that the state courts can confiscate veterans disability law firms' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as possible. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence, if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be a significant asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you feel is a result of your service-connected injury and that it is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.