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A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 documents obtained by Monk and 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 last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for benefits that it has taken him out of and to amend its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and Veterans Disability Lawsuits the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed 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 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and asks the court to order the VA to look into 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

Those who have served our nation in uniform and those who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by family members and creditors with the exception of alimony and child support.

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

He was denied at a rate significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National veterans disability lawyers Council for Legal Redress and Veterans Disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing the decision, it is important to appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This could be a great benefit in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able prove that your pain is a result of your service-related injury and is in a way limiting. They might also be able to assist you get the medical records needed to support your claim.