The Most Pervasive Issues With Veterans Disability Attorney

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

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

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with a hefty 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 by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He demands that the agency pay him back for benefits he was deprived of, and to modify its 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. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, 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 was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and asks the court to order 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 force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. If you're considering appealing the decision, it is essential to do so as soon as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and when necessary, Veterans Disability Lawsuits submit new and additional proof. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A professional attorney will also be able to work with medical experts to provide additional evidence of your situation. For example medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and that it is causing disability. They may also be able to help you get the medical records that are needed to support your claim.