10 Apps That Can Help You Control Your Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for benefits he was deprived of and to alter its policies regarding race as well as 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk signed up 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. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks financial damages and also to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members in the case of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. 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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A qualified lawyer will be able to review the evidence used to justify your claim and present additional evidence when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For instance medical experts may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They might also be able to help you obtain the medical records required to support your claim.