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. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to 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. Monk claims VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to pay him back for benefits he was deprived of, and to modify 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability law firms Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, but was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a much higher rate than 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 bias was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against 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 applicant is not satisfied with a decision made by the agency. If you're considering appealing an appeal, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide additional evidence, should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of empathy for the situation. This can be a valuable benefit to your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your condition. A medical expert for instance, Veterans Disability Attorneys might be able prove that the pain you are experiencing is due to your service-related injury and is disabled. They might also be able to assist you obtain the medical records that are required to support your claim.