7 Small Changes That Will Make A Big Difference With Your Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to 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 and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and veterans disability lawsuits Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors, except for child support and alimony.

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 numerous medals, but he received a discharge that was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if necessary, submit new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and can create a higher level of empathy for the situation. This can be a significant benefit to your appeals.

A claim for Veterans disability Lawsuits disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your situation. For example, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and is causing disability. They might also be able help you obtain the medical records required to support your claim.