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A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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. Monk claims that VA has denied his disability claims at a much greater rate than white nappanee veterans disability law firm over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to repay him for the benefits it has deprived him of and to amend its policies regarding 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 via Freedom of Information Act requests which they submitted on behalf of the National Kingston Veterans Disability Law Firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honourable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of 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 trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and Kingston Veterans Disability Law Firm failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. If you're thinking of appealing an agency decision, it's important to appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be a huge benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your medical condition. A medical expert could, for instance, be able show that your pain is due to the injury you sustained while working and is disabled. They may be able to assist you in obtaining the medical records needed to support your claim.