The No. 1 Question Anyone Working In Veterans Disability Attorney Should Know How To Answer

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and veterans disability lawsuit home. He demands that the agency pay him back for benefits he was deprived of and to change its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Disability Lawsuit 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 data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but then he received a discharge that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. 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 bias was systemic and widespread. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's important to appeal immediately. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal complies with all requirements and ensure that you are given a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a huge asset in your appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional proof of your situation. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury, and is debilitating. They might assist you get the medical records that are required to support your claim.