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 frequently targeted by lawyers who make use of their benefits as a source of cash. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency compensate him for benefits it has deprived him of and to alter its policies on race, discharge status and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans Disability Lawsuit than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed 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 being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked 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 was awarded an unworthy military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but was discharged that was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get 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 brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans disability attorney. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. If you're considering appealing a decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This can be a huge asset in your appeals process.

One of the main reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical expert, for example, may be able show that your pain is due to your service-related injury, and is disabled. They might also be able to help you obtain the medical records that are required to prove your claim.