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

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 as a source of cash. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a significant victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to pay him back the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans disability attorneys were statistically less likely to receive an application for disability than white veterans disability attorney between 2001 and 2020. The average denial rate for black veterans 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 the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.

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

Alimony Discrimination

Anyone who was in uniform, 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 biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors in the case of child support and alimony.

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 several medals, but then was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A qualified lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This can be an important asset in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your situation. A medical expert for instance, might be able to prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may also be able help you obtain the medical records that are required to prove your claim.