The Most Prevalent Issues In Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last 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, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to pay him back the benefits they have denied him and to amend their policies regarding race, discharge status, Veterans Disability Lawsuits and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through 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 the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the 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. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as 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 in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, Veterans Disability Lawsuits spent two years in Vietnam driving bulletproof transport vehicles and 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 there were two battles because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They might also be able help you get the medical records that are required to support your claim.