"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 frequently taken advantage of by lawyers who use their benefits as a cash cow. This is the reason you need an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans disability law firms. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to documents 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 suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- 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 provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as fast as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly described their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to consult with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They might also be able to assist you obtain the medical records that are required to prove your claim.