Why No One Cares About Veterans Disability Attorney

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 cash cow. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes with a huge 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 a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a 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 former psychiatrist, says that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to repay him for the benefits he was deprived of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans disability law firm. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit filed 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 claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

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're thinking of appealing a decision, it is essential to do so immediately. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and it gets a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, should it be required. A lawyer who knows the VA's issues can be more understanding of your circumstances. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your situation. For example medical experts could be able to prove that the pain you experience is due to your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records required to support your claim.