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 frequently exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits he has been deprived of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of 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 application for lawsuits 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatic memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's important to appeal immediately. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal meets all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be an important benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not correctly described their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert for instance, might be able prove that your pain is due to the injury you sustained while working and is disabled. They could be able to assist you in getting the medical records you require to support your claim.