Ten Apps To Help Control Your Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability attorneys by refusing disability compensation claims at a higher rate than white veterans disability attorney, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to reimburse him for benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of 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. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most painful memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to take away 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 from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than white peers. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and if needed, provide additional evidence. The lawyer will also be aware of the challenges of dealing with the VA, and this can 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 lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records you require to prove your claim.