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A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has a huge victory. But it comes at cost.
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. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.
Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for the benefits they have denied him and to change their policies regarding race, 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 filed on behalf of the National
veterans disability attorney Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
PTSD Discrimination
According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit seeks financial compensation and seeks the court to require the VA to examine 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 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 the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors including alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding path.
He was denied benefits at a higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.
A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This can be a significant advantage in your appeals.
A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For example, a medical expert could be able to prove that the pain you experience is due to your service-related injury and that it is causing impairment. They might also be able help you obtain the medical records required to support your claim.