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Lawsuit Alleges VA Systemically Denied Black Veterans’ Disability Claims For Decades

A federal lawsuit has alleged that The United States Department of Veteran Affairs (VA) systemically denied Black veteran’s disability for decades.

According to CNN, Yale Law School’s Veterans Legal Services Clinic filed the suit in November. In it, the clinic alleged that the VA’s disability compensation claim determinations had been systematically biased against Black veterans for decades–specifically from 2001 to 2020. The suit also alleged that they experienced the bias at a much higher rate than their white peers and referred to VA records from that period.

The suit was filed on behalf of 74-year-old former United States Marine Corps member Conley Monk Jr.

“I’m willing to get involved in this fight. This is something that’s not only going to benefit me, but it’s going to benefit other veterans. And if I have to lead the charge, then, therefore, I will lead the charge,” Monk told CNN.

According to a Yale University statistician, the VA records show that throughout the 20-year period, it denied Black veterans disability payments at an average rate of 29.5 percent. White veterans, on the other hand, were denied disability benefits at a rate of 24.2 percent. The VA granted disability compensation to Black veterans at an average rate of 30.3% and White veterans at an average rate of 37.1%, the recent lawsuit said the statistician discovered.

Monk and an Army veteran who co-founded the Black Veterans Project, Richard Brookshire, sat down with PBS NewsHour to discuss the suit.

“I couldn’t receive any benefits and neither could they. So, my kids was not entitled to educational benefits, which they should have been entitled to. They could have also got some sort of the stipend, while they was going to school. And also, the fact that I couldn’t even get my job back,” Monk told the show’s chief Washington correspondent, Geoff Bennett. “It really damaged me by this, not letting my family received any form of benefits.”

According to CNN, Monk is seeking compensatory damages and to have his legal fees paid for by the VA. He initially filed an administrative claim in February, but the VA didn’t respond. Thus, the suit was re-filed under the Federal Tort Claims Act (FTCA) for negligence, negligent infliction of emotional distress and negligent supervision.

Amber Alexander

Senior Writer for Sister 2 Sister and News Onyx.