The Most Pervasive Problems In Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on 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 that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyer 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. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of 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. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or 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 out of conflict zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat 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 in the event that the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is caused by your service-related injury and that it is disabling. They may be able to assist you in getting the medical records required to prove your claim.