"Ask Me Anything:10 Answers To Your Questions About Veterans Disability Attorney

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A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a significant victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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 that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits it has denied him, and to modify their policies regarding 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 Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed 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 to show that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as fast as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.