20 Myths About Veterans Disability Attorney: Debunked

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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need an attorney with the right qualifications 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 aircraft carrier collision has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a 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. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits he was deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

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 access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and 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 pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors including child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA and can result in a greater degree of understanding for your situation. This could be a great advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice could be able to prove that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.