14 Smart Strategies To Spend Left-Over Veterans Disability Attorney Budget

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 way to earn money. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

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

Monk who is 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 impacted their health, homes, employment and education. He is requesting that the VA reimburse him for the benefits that it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawsuit, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit brought in 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 claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and, if necessary, submit new and additional proof. The lawyer will also understand the challenges of dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able to help you get the medical records that are needed to support your claim.