"Ask Me Anything:10 Responses To Your Questions About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the agency to pay him back for benefits it has deprived him of and to amend its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, Veterans Disability Lawsuits even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial compensation and seeks the court to require 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 to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied access at a rate 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 asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and can increase the level of empathy for the situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example medical experts might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is causing impairment. They might be able assist you in getting the medical evidence you need to support your claim.