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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, Veterans Disability Lawsuits according to the lawsuit filed on 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 in the past three decades.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to compensate him for benefits that it has taken him out of and to amend its policies on race as well as 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 Council for Legal Redress and the Black veterans disability law firms Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and Veterans Disability Lawsuits equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial compensation and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. 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 except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against blacks was widespread and pervasive, according to 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 was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence when needed. The lawyer will also understand the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a great benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't properly characterized their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your condition. A medical expert could, for instance, be able prove that your pain is due to your service-related injury, and is disabled. They may also be able help you obtain the medical records required to support your claim.