This Week s Top Stories Concerning Veterans Disability Attorney

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won an important victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans disability lawsuit over the past three decades.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.

In the past 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He ended up 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. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law found in Title 38, veterans Disability lawsuits U.S. Code, to protect veterans' payments from the claims of creditors and Veterans Disability lawsuits 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, moving equipment and troops out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as possible. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal meets all requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your situation. For example, a medical expert may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They may also be able to assist you obtain the medical records that are required to support your claim.