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 victimized by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records 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 affected their health, homes as well as their education, employment and home. He would like the VA to pay him back the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the veterans disability lawsuit 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. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit claims.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and pervasive, 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. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer also knows the difficulties involved in dealing with the VA, and this can increase the level of empathy for your situation. This could be a great advantage in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not properly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able to work with medical professionals to provide additional proof of your situation. For example, a medical expert might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They might assist you obtain the medical records required to support your claim.