Veterans Disability Attorney: The Good The Bad And The Ugly

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. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much 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 VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans disability attorneys between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show 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 bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a wide 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 emotional damage from having to relive the most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for Veterans Disability Lawsuits child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, however was discharged that was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. His battle for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing an appeal, it's essential to do so as soon as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if needed, provide new and additional proof. The lawyer will also understand the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able to prove that your pain is caused by the injury you sustained while working and is debilitating. They may also be able assist you in obtaining the medical records needed to prove your claim.