The Most Pervasive Problems In 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 to make a profit. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes with a substantial 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 that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans, veterans Disability Attorneys tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court's order for 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 their nation in uniform and those who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors, except for alimony and child support.

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

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National veterans disability law firm Council for veterans disability lawyers Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence used to support your claim, and if necessary, submit additional evidence. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a valuable advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able prove that your pain is due to your service-related injury, and is disabled. They might also be able to assist you get the medical records that are required to support your claim.