20 Interesting Quotes About 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 money often use their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black veterans disability lawsuit, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and also to orally order the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his 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 and failed to deal with 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 disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the difficulties of dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional for instance, might be able to prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may also be able to help you get the medical records needed to support your claim.