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A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA repay him for the benefits it has deprived him of and to change its policies regarding race as well as discharge status and denial rates.

Last 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. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

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

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given 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 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 asserts that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, Veterans Disability Lawsuits giving you the benefits you deserve. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your situation. For instance, a medical expert might be able demonstrate that the pain you feel is a result of your service-related injury and that it is causing impairment. They might be able assist you in getting the medical records required to prove your claim.