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A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans disability lawyers. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He is requesting that the VA repay him for the benefits that it has taken him out of and to amend its policies on race discharge status, 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and Veterans Disability Lawsuits winding road for him to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National veterans disability attorney Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed 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 when an applicant disagrees with to a decision of the agency. If you are considering appealing an agency decision, it's important to appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This can be a huge advantage in the appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your condition. For instance medical experts may be able to show that the pain you suffer is due to your service-related injury and is causing you to be disabled. They might also be able to help you obtain the medical records that are needed to support your claim.