10 Mistaken Answers To Common Veterans Disability Attorney Questions: Do You Know The Right Answers

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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans disability lawsuit when it denies their disability claims, at a rate 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 much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims 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. Monk wants the VA to pay him back for benefits that it has taken him out of, and to modify its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability lawsuit.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as 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

The veterans who were in uniform, Veterans Disability Lawsuits or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law that is 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 decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied access at a rate significantly higher 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. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence used to justify your claim and present new and additional evidence when needed. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstance. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For instance, a medical expert could be able to prove that the pain you experience is related to your service-connected injury and that it is causing you to be disabled. They may also be able help you get the medical records required to support your claim.