공지사항

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records 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 during the past three decades.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans disability litigation to suffer in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Last year, Monk and the veterans disability litigation Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

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

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or veterans disability compensation child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered 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 several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a much greater rate than his white peers. The discrimination was racial 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. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your situation. This could be a valuable benefit in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They may assist you get the medical records that are required to support your claim.