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A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has a huge victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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 the 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 during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for benefits they have denied him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and veterans disability lawsuit 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. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but then he received a discharge that was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of veterans disability lawyers Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be a significant asset in your appeals.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't properly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional proof of your health condition. For example an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and that it is disabling. They might also be able help you get the medical records that are required to prove your claim.