4 Dirty Little Secrets About The Veterans Disability Attorney Industry

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. 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 claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and asks the court to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and widespread, according to 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. It claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an opinion of the agency. If you're considering appealing a decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able to demonstrate that your pain is due to your service-related injury and that it is debilitating. They might also be able to help you get the medical records that are needed to support your claim.