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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability attorney, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for the benefits it has denied him and to change their policies on 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 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. The data revealed that Black Veterans were statistically less likely 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 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories with each application and re-application for benefits the suit says.

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

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

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 crucial to appeal a decision as soon as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be a valuable asset in your appeals.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your situation. For example medical experts may be able to show that the pain you experience is a result of your service-connected injury and is disabling. They may also be able to help you get the medical records that are needed to support your claim.