Vietnam veteran files suit against VA office News
Vietnam veteran files suit against VA office

[JURIST] The Veterans Legal Services Clinic [official website] at Yale Law School filed a class action lawsuit [petition, PDF; press release] on Monday on behalf of a Vietnam-war veteran, requesting that the Department of Veterans Affairs (VA) [official website] promptly adjudicate his pending disability benefits application. The named plaintiff, Conley Monk Jr., is a Marine Corps veteran who suffers from post-traumatic stress disorder (PTSD) and other significant disabilities. Monk’s application for benefits was filed shortly after he was diagnosed with combat-related PTSD in 2011. The Hartford, Connecticut VA regional office denied his application, so he timely filed a notice of disagreement (NOD) to appeal the decision. Monday’s class action lawsuit asks the US Court of Appeals for Veterans Claims [official website] to compel the VA Secretary to decide Monk’s claim, because of the significant financial and medical hardship he has suffered in the 20 months since his NOD was filed in a timely fashion. Monk, age 66, argues the long wait amounts to a denial of benefits [NYT report] and the suit asks the court to compel the VA Secretary to make a decision in the next 30 days.

The VA has been heavily criticized for its inability to provide adequate medical care to veterans, despite efforts from the Obama administration to improve the claim review process. Last month US President Barack Obama announced [JURIST report] the creation of a new advisory committee to improve conditions in the VA. The committee will consist of business leaders, members of veteran organizations and health science professionals with a diverse range of experience. In February Obama signed [JURIST report] the Clay Hunt Suicide Prevention for American Veterans Act [HR 5059] into law in order to combat increasing suicide rates among American veterans suffering form PTSD. The act was passed by a unanimous Congress and is intended to facilitate veterans’ access to mental health resources, as studies have shown that suicide rates are higher among those who do not receive any type of mental health care. In August Obama signed [JURIST report] the Department of Veterans Affairs Management Accountability Act of 2014 [bill summary] to allow veterans to seek private care outside of VA facilities and provide money for the VA to hire more doctors and nurses.

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