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A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to pay him back the benefits it has denied him and to amend their policies on race and discharge status as well as denial rates.

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

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honourable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors in the case of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, as per 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 knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present new and additional proof. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be a valuable asset in your appeals.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly described their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. An experienced attorney will 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 a result of your service-related injury and that it is debilitating. They may assist you obtain the medical records that are needed to support your claim.