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 as a way to earn money. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race and discharge status as well as 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, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" prevented him from receiving home loans 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 owes money for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans disability attorney' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according 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 claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as fast as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal meets all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This could be a great advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your condition. For example medical experts could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing impairment. They might assist you get the medical records that are required to support your claim.