ARK
MUSIC

veterans disability attorneys 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 as a way to earn money. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back the benefits it has not provided him and to amend 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 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 likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability attorney.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received 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 with each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors with the exception of child support and alimony.

Conley Monk, who volunteered 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, but later was discharged that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not confront decades-old 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 person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. The lawyer will also understand the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical professional could, for instance, be able show that your pain is caused by your service-related injury and is disabled. They may also be able assist you in getting the medical evidence you need to support your claim.