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

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with a significant 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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He would like the VA to reimburse him for the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

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 was awarded numerous medals, but later was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate 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 Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for Veterans Disability Lawsuits benefits if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing the decision, it is important to appeal as soon as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A lawyer with experience can look over the evidence that supports your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This can be an invaluable benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not correctly described their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able prove that your pain is a result of the injury you sustained while working and Veterans Disability Lawsuits is disabling. They might also be able to help you get the medical records that are required to support your claim.