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 targeted by lawyers who make use of their benefits as a cash cow. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a rate significantly higher than white people. 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 alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present new and additional evidence when needed. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your medical condition. A medical professional could, Veterans Disability Lawsuits for instance, be able to prove that your pain is a result of your service-related injury and is in a way limiting. They may assist you get the medical records that are required to support your claim.