NEW HAVEN, CT — Conley Monk Jr., a Black veteran who served in Vietnam, has spent much of the past 50 years trying to get the VA to accept his claims for disability benefits, housing assistance and education benefits. Finally, in 2015 and again in 2020, he was successful, with the department reversing its course and confirming that he was disabled by wounds suffered during his military service and therefore eligible for disability compensation.
Documents obtained by Monk and the Veterans Legal Services Clinic at Yale Law School show, however, that VA for decades has denied Black veterans’ claims at a statistically higher rate than their white counterparts. In November, Monk filed a lawsuit in federal court, seeking redress for the harm allegedly caused by VA’s discrimination.
“[This lawsuit] challenges the failures of VA leaders to redress long-standing racial discrimination in VA’s benefits programs,” the Veterans Legal Services Clinic, who is representing Mr. Monk, stated in a release. “Should Mr. Monk prevail, not only will this victory provide justice for him, it will provide a legal pathway for the thousands of Black veterans like him who have suffered because of the VA’s discriminatory actions.”
The lawsuit hinges on proving three things: that Black veterans have historically had their claims disproportionately denied, that VA should have reasonably known this was happening, and that Monk was harmed because of VA’s actions.
According to records obtained by Monk and his team through a Freedom of Information Act (FOIA) request, between 2001 and 2020, the average denial rate for Black veterans was 29.5%, compared to 24.2% for their white counterparts. In addition, an analysis of the data shows that the disability compensation for Black veterans was 30.3% compared to 37.1% for white veterans.
“[The records] demonstrate that for decades VA leadership, including VA Secretaries, knew or should have known of pervasive, longstanding racial disparities in veterans’ benefits for Black Veterans,” the lawsuit states. “And for decades, VA officials have negligently failed to address these disparities.”
The lawsuit also argues that racial bias in the military justice system has historically impacted the discharge status of Black veterans—something long known by DoD.
Monk arrived in Vietnam in 1969 as a motor vehicle operator. He was regularly tasked with driving through the DMZ where fighting was heavy. During his service, he received a Rifle Marksman Badge, a National Defense Service Medal, a Vietnam Service Medal with one star and a Vietnam Combat Medal with Device.
After his unit was pulled out of Vietnam in November 1969, Monk was transferred to Okinawa, Japan. Suffering from symptoms of PTSD, Monk found himself involved in altercations that resulted in him spending time in the base prison. According to Monk, he was told he would stay in prison until he signed papers agreeing to an Undesirable discharge.
“Mr. Monk did not understand that by accepting an Undesirable discharge, he would not only forfeit his eligibility for medical care and other financial support and benefits for veterans, but also face a lifetime of stigma,” the lawsuit contends. “Depressed and symptomatic with PTSD, Mr. Monk signed the discharge papers.”
In 1972, the DoD’s Task Force on the Administration of Military Justice in the Armed Forces found that Black servicemembers faced systemic discrimination and received disproportionate punishment from the military justice system. According to recent reports, that bias has persisted. A study released by the Connecticut Veterans Legal Center in November 2022 that examined all DoD discharges from 2014 through 2022 found Black servicemembers were 1.5 times more likely to receive other-than-honorable discharges.
“The negligence of VA leadership, and their failure to train, supervise, monitor, and instruct agency officials to take steps to identify and correct racial disparities, led to systematic benefits obstruction for Black veterans,” Monk’s lawsuit states.
Monk’s team concludes that decades of trying and failing to receive benefits had a direct impact on his health and well-being.
“VA’s actions caused Mr. Monk to suffer periods of housing insecurity, financial hardship, and difficulty accessing proper medical care,” the lawsuit states. “He suffered severe emotional harm when he was forced to repeatedly relive the most traumatic moments of his life as part of his applications and re-applications for disability compensation. And he suffered dignitary and reputational harm as a result of VA’s discriminatory actions.”