The Most Pervasive Problems In Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money often use their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. However, it comes at cost.

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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for the benefits they have denied him, and to alter their policies regarding 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 information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

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

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories with each application and re-application, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine its the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, according to 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 lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability lawsuits.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim, and if needed, provide new and additional proof. A lawyer will also know the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medical practice might be able demonstrate that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.