Why You Should Not Think About Making Improvements To Your Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He is requesting that the VA pay him back for benefits he was deprived of and to change its policies on race, 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 by way of Freedom of Information Act requests which they submitted on behalf of the National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for Lawsuits white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. It is essential to appeal a decision as fast as you are able. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This can be a valuable benefit to your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For example an expert in medical practice may be able to show that the pain you experience is a result of your service-connected injury and that it is causing impairment. They may also be able to assist you obtain the medical records required to support your claim.