14 Savvy Ways To Spend Leftover Veterans Disability Attorney Budget

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 to make a profit. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, lawsuits he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the VA to pay him back the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National veterans disability law firms Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks financial damages, and wants the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know 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 has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring 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 triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. 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 racial bias was systemic and widespread. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A qualified lawyer can examine the evidence used to justify your claim and present additional evidence, when needed. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This can be an important benefit in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance an expert in medical practice may be able to show that the pain you suffer is a result of your service-connected injury and is disabling. They might also be able to assist you get the medical records required to prove your claim.