This Week s Most Popular Stories Concerning Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked 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 on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of 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 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, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members including child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, as per the lawsuit filed 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 knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstances. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your health condition. For example an expert in medicine may be able to show that the pain you experience is due to your service-related injury and is causing disability. They might be able assist you in getting the medical records required to prove your claim.