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A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently 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 in 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 the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA reimburse him for the benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages, and veterans Disability lawsuits wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long, winding route.

He was denied at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to address 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 in the event that an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer will be able to review the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer also knows the difficulties of dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a great advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical expert could, Veterans Disability Lawsuits for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able help you obtain the medical records required to support your claim.