Why You Should Not Think About Improving Your Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire 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 linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and [Redirect Only] the Yale Law School Veterans Legal Services Clinic.

Monk, 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, employment and education. He wants the agency to compensate him for benefits he has been deprived of, and to modify 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 submitted 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 receive a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse 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. He also suffered significant emotional damage from having to relive the most traumatic memories in each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine its systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but his discharge was not honorable as he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied services at an rate that was much higher than white people. According to the lawsuit brought in 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 claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing an agency decision, it's essential to do so as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and submit additional evidence in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For instance an expert in medical practice could be able to prove that the pain you are experiencing is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical records required to prove your claim.