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 profit from disabled veterans to earn money often use their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. 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 much higher rate than those of white Veterans Disability lawsuit in the last three decades, according to documents obtained by Monk and the Yale Law School veterans disability compensation 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 disability claim to be affected in ways that have affected their health, home work, education and employment. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the veterans disability settlement Legal Services Clinic received 20 years of VA disability claim data 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 and the Black Veterans Project. The data revealed that Black veterans disability lawyers were statistically less likely to receive a disability claim than white veterans disability attorney between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits 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, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence when needed. A lawyer will also know the difficulties of dealing with the VA and this could result in a greater degree of empathy for veterans disability lawsuit your circumstance. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will be able to work with medical specialists to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you feel is due to your service-related injury and that it is causing impairment. They might also be able help you get the medical records that are required to prove your claim.