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A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans disability lawyers by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the past 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 as well as their education, employment and home. He is requesting that the VA compensate him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Last 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 results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This could be a great benefit in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is a result of the injury you sustained while working and is disabled. They may also be able help you obtain the medical records required to support your claim.