Veterans Disability Attorney: 10 Things I Wish I d Known Earlier

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of veterans disability lawyer Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race and discharge status as well as 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically rejected claims filed 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 as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors, except for alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however he received a discharge that was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be an important benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury, and is disabled. They may also be able to help you obtain the medical records that are needed to support your claim.