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 exploited by attorneys who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records 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 greater rate than white veterans in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

Last 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 disability attorneys Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawyer, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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 victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It's 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 in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, Veterans Disability Lawsuits allowing you to get the benefits you require. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury and is debilitating. They might be able assist you in getting the medical evidence you need to support your claim.