7 Small Changes That Will Make A Big Difference In 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 exploited by attorneys who use their benefits as a cash cow. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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 much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to compensate him for the benefits they have denied him and to change 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 last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine its the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

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

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than his 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 and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing the decision, it is crucial to file an appeal immediately. An experienced lawyer in appeals to veterans disability lawyer' disability cases can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit new and additional evidence when needed. A lawyer also knows the challenges involved in dealing with the VA and could lead to a greater level of understanding for your situation. This could be a great asset in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your health condition. A medical professional is one example. They may be able show that the pain you are experiencing is due to your service-related injury and that it is debilitating. They might also be able to help you get the medical records required to prove your claim.