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 taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans disability attorneys. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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 over the last three decades.

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

In the past year, Monk and the veterans disability law firm 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. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but was discharged that was not honorable as the two battles he endured were caused by undiagnosed 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 benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, according to 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 failed to address 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 person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if needed, provide additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an important benefit in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. For instance medical experts might be able prove that the pain you suffer is related to your service-connected injury and that it is causing impairment. They might also be able to help you obtain the medical records required to support your claim.