"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 to make a profit. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has won a significant victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during 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 claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency repay him for the benefits he was deprived of and to change its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted 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 a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans disability attorney of color was 6.3% higher than for white veterans.

PTSD Discrimination

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 housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer will also know the difficulties of dealing with the VA, and this can increase the level of empathy for the situation. This can be an important benefit in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able prove that your pain is a result of the injury you sustained while working and is debilitating. They might assist you obtain the medical records that are needed to support your claim.