Why You Should Forget About Improving Your Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, 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, home, employment and education. Monk wants the VA to compensate him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed 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 a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans Disability Lawsuit.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and pervasive, 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 did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like 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 are considering appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can create a higher level of understanding for your situation. This can be a significant advantage in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able prove that your pain is due to your service-related injury and that it is disabled. They might also be able to assist you get the medical records required to prove your claim.