The Most Pervasive Issues In Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability lawyers were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to look into systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, lawsuits this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you are considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This could be a valuable asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you experience is related to your service-connected injury and is causing you to be disabled. They may assist you get the medical records required to prove your claim.