20 Myths About Veterans Disability Attorney: Dispelled

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 to make a profit. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

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

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 compensate him for the benefits that it has denied him and to amend 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 by way of 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 from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to review systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans disability lawyer' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, Veterans Disability Lawsuits transferring equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much higher rate than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit brought 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 did not take action to confront decades of discrimination affecting 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 person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a significant advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your medical condition. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They might also be able help you get the medical records required to prove your claim.