How To Outsmart Your Boss On Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a hefty 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, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans disability lawsuit - kizkiuz.com, Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by 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 which he blamed on his PTSD and was issued a less-than-honorable 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 rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court to order the VA to examine its systemic PTSD discrimination. 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

Veterans who have served our country in uniform or who accompany them need honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a greater 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, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence to support your claim, and if necessary, submit additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you feel is due to your service-related injury and is disabling. They may also be able assist you in getting the medical records you require to support your claim.