20 Myths About Veterans Disability Attorney: Busted

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 to make a profit. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA pay him back the benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the arlington veterans disability law firm Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a 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

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites 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 was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. 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 bias was systemic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're considering appealing a decision, it is important to appeal in the earliest time possible. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be an important asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. A medical expert is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They may also be able assist you in getting the medical records you require to prove your claim.