On Nov. 28, 2022, Conley Monk Jr., a Black veteran who served in the Vietnam War, filed a lawsuit in federal court seeking redress for harm caused by longstanding racial disparities in U.S. Department of Veterans Affairs (VA) administration of veterans’ benefits programs.

For nearly fifty years after returning home from Vietnam, the VA improperly denied Mr. Monk’s applications for education, housing, and disability compensation. Only in December 2020 did the VA finally acknowledge that Mr. Monk was, in fact, eligible all along. Since then, Mr. Monk has obtained records from the VA showing a statistically significant difference in benefits claims outcomes between Black and white veterans. Specifically, the data shows that for decades, the VA denied the benefit applications of Black veterans at higher rates than their white counterparts. Thus, a Black veteran applying for his or her statutorily provided benefits was more likely to be denied than a white veteran.

Conley Monk Jr.

Mr. Monk’s lawsuit, brought under the Federal Tort Claims Act, challenges the failure of VA leaders to redress longstanding racial discrimination in VA’s benefits programs. Should Mr. Monk prevail, not only will this victory provide justice for him, but it could provide a legal pathway for the thousands of Black veterans like him who have suffered because of the VA’s discriminatory actions.

For additional information about this lawsuit, see the documents linked below.

On June 5, 2023, Mr. Monk filed an amended complaint, adding claims on behalf of the estate of his father, Conley Monk, Sr., and the National Veterans Council for Legal Redress, as well as allegations on behalf of a proposed nationwide class of Black veterans.

On March 29, 2024, a federal judge in Connecticut denied the government’s motion to dismiss, allowing the lawsuit to move forward. This decision marks a significant milestone in the legal battle against racial discrimination in the administration of veterans' benefits by the VA.

Conley Monk Jr. & Doris Monk

We cannot provide any individual legal advice, which includes assisting with claims or filing lawsuits. The information on this page will help you file a Federal Tort Claims Act (FTCA) claim on your own. We have also made available a sample FTCA claim form, which you may find useful. Please note that if you file an FTCA claim, all fields will need to be customized to your particular experiences; the example on our website is intended as a sample only.

Additionally, if the Court certifies the lawsuit as a class action, all individuals who meet the class definition will be presumptively part of the class. The class will be limited to those who filed FTCA claims.

Under the FTCA, individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee (acting in the scope of his or her official duties) may file a claim with the government for reimbursement for that injury or damage. 

The SF-95 form is the document used to file FTCA claims against the United States. 

On November 28, 2022, the Veterans Legal Services Clinic at Yale Law School filed Monk v. United States, a federal lawsuit challenging the failure of leaders at the U.S. Department of Veterans Affairs (VA) to address longstanding racial disparities in the treatment of veterans’ claims of which VA leaders knew or should have known. Because they failed to address these disparities, VA leadership negligently breached its statutory and ordinary duty of care. The lawsuit also made public, for the first time, statistical data showing racial disparities in the adjudication of VA benefits. In June 2023, Mr. Monk amended his complaint to add additional Plaintiffs and proposed that the Court certify a nationwide class of Black veterans who have filed or will file FTCA administrative claims. The law firm of Edelson PC also joined a co-counsel.

Under the FTCA, individuals must file a claim within two years from the date of the government’s negligence or date or injury. If they don’t file, they may lose their right to bring a lawsuit in federal court. In cases where the harmful conduct is ongoing, courts may allow individuals to make a claim within two years of discovering the conduct or the cause of their injury. We encourage anyone who was harmed by VA to file an FTCA claim on the SF-95 form as soon as possible, to avoid losing the legal right to file a lawsuit in the future.

The Plaintiffs have not yet requested that the Court certify a class. Until the court certifies a class, the case is a proposed class action.

Maybe, it depends on the law of each state. If you are the executor or administrator of your relative’s estate, you may be able to file an FTCA administrative claim on behalf of your deceased relative. We cannot provide you any specific legal advice about whether you can file an FTCA claim on behalf of a deceased relative.

The National Veterans Council for Legal Redress is a Connecticut-based veterans service organization cofounded by Mr. Monk in 1982. NVCLR supports veterans in obtaining employment, meals, clothing, transportation, and housing; operates a referral network to direct veterans to legal assistance and social services; and engages in legal and policy advocacy on behalf of veterans. NVLCR is a plaintiff in the Monk lawsuit on behalf of its individual members. 

If you file a claim with the VA, you should receive written confirmation when the agency receives it. If the VA does not take action on your claim within six months of receiving it, or if VA denies your claim, you will then have the right to file a lawsuit in federal district court. In the event that VA denies your claim, you have six months to file a suit in federal court. If you file a claim and do not receive a confirmation, you should follow up with VA directly to confirm receipt of your claim. We suggest sending all communications with tracking.

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