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 exploit disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed 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 disability law firms of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was 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 cites evidence to show that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors 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 money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on behalf of him 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 person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A qualified lawyer can review the evidence used to support your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also understand the challenges of dealing with the VA and can create a higher level of understanding for your situation. This can be an important benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing disability. They might be able assist you in getting the medical records you require to prove your claim.