"Ask Me Anything": Ten Responses To Your Questions About Veterans Disability Attorney

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firms Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color 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 suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and received 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 trauma from reliving some of his most traumatizing memories with each application and re-application for Veterans Disability Lawsuits benefits the suit claims.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but then his discharge was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed 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 and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing an appeal, it's important to appeal immediately. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit new and additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is due to your service-related injury and that it is disabled. They may be able to assist you in getting the medical evidence you need to support your claim.