The No. Question That Everyone In Veterans Disability Attorney Needs To Know How To Answer

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 way to earn money. This is why you need an attorney with the right qualifications to manage VA claims.

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

Class Action Settlement

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

Monk, a retired psychiatrist, has claimed 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 as well as their employment and education. Monk wants the VA to compensate him for benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black veterans disability lawyers were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made 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 was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims made by family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than 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 and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's important that you do so immediately. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical professional, for example, may be able show that your pain is caused by the injury you sustained while working and is disabled. They may also be able assist you in getting the medical evidence you need to prove your claim.