20 Myths About Veterans Disability Attorney: Dispelled

veterans disability law firms Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money frequently use their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, lawsuit is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for lawsuit benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans 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. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages, and wants the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. This racial discrimination was systemic and widespread, 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. The lawsuit claims that the VA was aware of and failed to address 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 disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your health condition. A medical professional could, for instance, be able prove that your pain is caused by your service-related injury, and is disabling. They could be able to assist you in getting the medical records required to support your claim.