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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans disability lawsuit (http://inprokorea.com/bbs/board.php?Bo_table=free&wr_id=59110) in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back the benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted 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.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.

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

He was denied at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. For instance, a medical expert might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to support your claim.