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 victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 greater rate than white veterans disability lawyer over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 affected their health, homes, employment and education. Monk wants the VA to repay him for the benefits he was deprived of and to change its policies on race discharge status, discharge status and denial rates.

In the past 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 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 a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

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 equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt 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

Veterans who have served our country in uniform or who accompany them require honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims by creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, Veterans Disability lawsuits transferring equipment and troops out of combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. 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. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you are considering appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide additional evidence. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your situation. This can be a huge advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your condition. For instance medical experts might be able prove that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.