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 frequently targeted by lawyers who make use of their benefits as a cash cow. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA compensate him for the benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court require the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members, except for alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer who is qualified is able to examine the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer also knows the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This could be a valuable advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly described their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your situation. For example an expert in medicine might be able demonstrate that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able to help you obtain the medical records required to prove your claim.