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 veterans with disabilities to make profits often make use of their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of veterans disability law firms Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to pay him back the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application 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 in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

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

He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per 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 alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present additional evidence. A lawyer also knows the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This can be a valuable benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized 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 professional attorney will also be able work with medical professionals to provide additional proof of your situation. For example an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.