Veterans Disability Attorney: The Good The Bad And The Ugly

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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you require a attorney who is accredited to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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, the Yale Law School veterans disability law Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans disability claim over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for the benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability law disability benefits and their impact on divorce money issues. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and Veterans Disability Compensation family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding route.

He was denied services at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability compensation (why not try here) who are like him.

Appeals

The VA's Board of veterans disability compensation Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal meets all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be a significant benefit in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly described their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your situation. A medical expert, for example, may be able show that your pain is a result of your service-related injury and is debilitating. They might also be able help you get the medical records required to prove your claim.