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

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

Attorneys who profit from disabled veterans to make money often use their benefits. You require an attorney who is licensed to manage VA claims.

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

Class Action Settlement

The Department of veterans disability lawyers Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. 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 victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at a greater rate than his white peers. 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 suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence used to support your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be a huge advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.