"Ask Me Anything": Ten Answers 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 victimized by lawyers who use their benefits as a cash cow. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday 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 the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and also 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 pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by creditors and family members including child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans disability law firms. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence and veterans Disability lawsuits documentation in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This could be a great asset in your appeals process.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice may be able to show that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They might assist you obtain the medical records needed to support your claim.