What Are The Biggest "Myths" About Veterans Disability Attorney Could Be A Lie

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a price.

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 is 74 years old and a Marine Corps veteran who served in 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 higher rate than white veterans in the last three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He would like the VA to pay him back the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made 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 receive the right to claim disability benefits than white veterans disability law firm between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, 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 issued an unhonorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial compensation and asks the court to require 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 force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied at the rate of significantly more than white people. 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you're considering appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is in line with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This could be a great benefit to your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your health condition. For instance an expert in medicine might be able prove that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They might also be able help you get the medical records required to support your claim.