25 Surprising Facts 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 targeted by lawyers who make use of their benefits as a cash cow. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than 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 psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by family members and creditors in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied at a rate significantly higher than white people. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim and, if needed, provide new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of empathy for your situation. This can be a significant advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly described their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is disabling. They might be able assist you in getting the medical records required to prove your claim.