The Reason The Biggest "Myths" About Veterans Disability Attorney Could Be True

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 way to earn money. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a 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, is the plaintiff in the lawsuit. According to 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 higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on 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 the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. 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 also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a rate significantly higher than white people. The discrimination was racial and widespread, according to the lawsuit filed 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 knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability lawyer Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage in the appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly characterized their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your situation. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabled. They might be able assist you in getting the medical records required to prove your claim.