Its History Of Veterans Disability Attorney

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 need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per 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. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and 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 a lot of emotional trauma from reliving the most traumatic memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to order the VA to examine 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 into addressing the discrimination it has suffered for years against survivors of sexual assault.

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 influence on divorce money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National veterans disability law firms Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is essential to do so immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a valuable benefit in your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly defined their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your condition. For instance, a medical expert may be able to show that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They may also be able to assist you obtain the medical records that are needed to support your claim.