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 profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies 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. According to records obtained by Monk, the Yale Law School veterans disability law firms Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and 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.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it 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 an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt 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

Those who have served our nation in uniform and those who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road 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 on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, if necessary, Veterans Disability Lawsuits submit new and additional proof. A lawyer also knows the challenges of dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a great advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. For instance medical experts may be able to show that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may also be able assist you in getting the medical records required to support your claim.