10 Untrue Answers To Common Veterans Disability Attorney Questions Do You Know The Right Answers

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and veterans Disability lawsuits Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to pay him back for benefits he was deprived of and to change its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to 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 decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving the most traumatic memories in each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to orally order the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

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 myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors 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, transferring equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A competent lawyer will review the evidence used to prove your claim and, when necessary, submit new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and could lead to a greater level of empathy for your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury and is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.