The Three 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 profit from disabled veterans to make money often use their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a significant victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly 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. According to documents 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 much higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted 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 an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court's order for 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 into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

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 an appeal, it's crucial to file an appeal as soon as possible. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This could be a great advantage in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and is in a way limiting. They might also be able help you obtain the medical records that are required to support your claim.