20 Myths About Veterans Disability Attorney: Debunked

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of veterans disability law firm Affairs discriminates against Black veterans in denying 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. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits it has deprived him of, and to modify 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 last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans disability attorneys were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid 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. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and Veterans Disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A licensed lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence in the event of need. The lawyer will also understand the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be an important benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that your pain is due to the injury you sustained while working and is debilitating. They might also be able help you obtain the medical records required to support your claim.