The No. 1 Question Everyone Working In Veterans Disability Attorney Should Be Able To Answer

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to 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 the documents obtained by Monk and 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 during the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to compensate him for benefits he has been deprived of, and to modify its policies on race, discharge status 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans disability law firm' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf 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 and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you're considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present additional evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able prove that your pain is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.