20 Insightful Quotes About Veterans Disability Attorney

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

Attorneys who profit from veterans disability law firms with disabilities to make money often use their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to pay him back the benefits it has denied him, and to modify their policies on 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination 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 veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according 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 alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This can be a significant benefit in your appeals.

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 can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able show that the pain you are experiencing is due to your service-related injury and is disabled. They could be able to assist you in obtaining the medical records needed to support your claim.