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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically 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. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits it has not provided him and to change their policies on race, discharge status, Veterans Disability Lawsuits and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for 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 filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" did not allow him to get aid for tuition, home loans 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 harm from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans disability law firm may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and Veterans Disability Lawsuits troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much more frequent 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting 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 the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This can be a huge advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you experience is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical records required to prove your claim.