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 disabled veterans to earn money often use their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. But it comes at an expense.

Class Action Settlement

The Department of veterans disability lawyers Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. 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 the 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 in the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He demands that the agency repay him for the benefits it has deprived him of and to alter its policies regarding race, discharge status and denial rates.

Monk and the Veterans 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 were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black veterans disability law firm in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to require 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 force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not address decades-long 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 crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer who is familiar with 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 most frequent reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your situation. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and is causing disability. They may also be able to help you obtain the medical records required to prove your claim.