Veterans disability attorney Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyers Disability Lawsuits

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to repay him for the benefits he was deprived of and to alter its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 results showed that Black veterans were statistically less likely to be granted a disability claim 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

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to look into systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims 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-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans disability law firm. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to justify your claim and present new and additional evidence if necessary. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't properly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that your pain is a result of your service-related injury, and is disabled. They could be able to assist you in obtaining the medical records needed to support your claim.