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

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. 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 over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the VA to reimburse him for benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans disability attorneys were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and seeks the court to order 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 long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or 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 the combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied at an amount that was significantly 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important that you do so as soon as possible. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation if necessary. A lawyer will also know the difficulties involved in dealing with the VA and can increase the level of empathy for your situation. This can be a valuable benefit to your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury, and is debilitating. They might assist you obtain the medical records needed to support your claim.