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A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He demands that the agency compensate him for benefits he was deprived of, and to modify its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability law firms were statistically less likely to receive a disability claim than white veterans disability lawyer between 2001 and 2020. The average denial rate for Veterans Disability law firms veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This «bad paper» prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also to orally order the VA to review 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 end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn’t the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding route.

He was denied benefits at a higher rate than 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and Veterans disability law firms failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit new and additional proof. A lawyer who knows the VA’s challenges can be more sympathetic to your circumstance. This can be a significant benefit to your appeals.

One of the main reasons a veteran’s disability claim is denied is due to the agency hasn’t correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you’re entitled to. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury, and is disabled. They might assist you obtain the medical records needed to support your claim.