The Most Pervasive Issues With 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 make money frequently use their benefits. This is why you need an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Disability Law Firms Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a 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 much more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA reimburse him for the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and also to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish 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 protect veterans' payments from claims made by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied access at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this discrimination against blacks was systematic and widespread. It 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 like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's crucial to file an appeal immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and this could create a higher level of empathy for your circumstance. This could be a great advantage in the appeals process.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury and that it is disabled. They could be able to assist you in getting the medical records you require to prove your claim.