The 10 Most Infuriating Veterans Disability Attorney FAILS Of All Time Could Have Been Prevented

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday 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 is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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 higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back for veterans disability lawsuit benefits he was deprived of and to change its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National veterans disability attorney Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white Veterans Disability Lawsuit between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for veterans disability lawsuit white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. If you are considering appealing the decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence if necessary. A lawyer who understands the VA's challenges can be more understanding of your situation. This could be a valuable benefit in your appeals process.

One of the main reasons a veteran's disability claim is denied is because the agency has not properly defined their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury, and is in a way limiting. They might also be able to assist you get the medical records required to prove your claim.