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A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a hefty price tag.

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, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to amend 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 last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full 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 every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans 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 are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence should it be required. The lawyer will also be aware of the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a valuable advantage in your appeals.

One of the primary reasons that a veteran's claim for veterans disability lawsuits disability can be denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your medical condition. A medical expert, for example, may 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 evidence you need to prove your claim.