"Ask Me Anything:10 Responses To Your Questions About 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. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans disability lawyers (linked resource site). Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused 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 compensate him for the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.

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

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

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

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks damages in the form of money, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and Veterans disability lawyers the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence when needed. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. For instance medical experts might be able prove that the pain you suffer is a result of your service-connected injury and is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.