4 Dirty Little Secrets About Veterans Disability Attorney Industry Veterans Disability Attorney Industry

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 use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has a huge victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans disability lawsuit, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits it has not provided him and to amend their policies regarding race and discharge status as well as 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 to 2020. The average denial rate for veterans of color was 6.3% higher than 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 is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge, Veterans disability lawsuit and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans disability attorneys with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members, except for alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A competent lawyer will review the evidence to support your claim, and if needed, provide additional evidence. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for the situation. This can be a valuable asset in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly classified their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your medical condition. For example, a medical expert might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They may assist you get the medical records needed to support your claim.