20 Myths About Veterans Disability Attorney: Dispelled

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

Attorneys who exploit disabled veterans to make money often use their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans disability lawsuit, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, 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 during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to reimburse him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine its the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors including child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however he received a discharge that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of 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 is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal complies with all requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. This could be a great benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They might assist you get the medical records required to prove your claim.