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 need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He would like the VA to compensate him for the benefits it has not provided him and to change their policies on 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application, the suit says.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members including alimony and child support.

Conley Monk, who was a 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 his discharge was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit filed on 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. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal meets all requirements and it gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, when necessary, submit additional evidence. The lawyer will also understand the difficulties of dealing with the VA, and this can increase the level of empathy for the situation. This could be a great benefit in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to work with medical experts to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.