The Most Worst Nightmare About Veterans Disability Attorney Get Real

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. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a huge cost.

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 disability lawsuit, according to the lawsuit filed on Monday. 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by 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 is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as 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

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members 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, moving equipment and troops from combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you are able. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional proof of your condition. For instance medical experts may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.