OP-ED: Stars And Stripes - Addressing racial bias in Veterans disability benefits decisions is necessary and righteous by Donato Clay

July, 1, 2024

March 29 marked a significant milestone for Black veterans when a federal judge allowed the lawsuit Monk v. United States to proceed. This lawsuit sheds light on the history of racial discrimination faced by Black veterans at the hands of the Department of Veterans Affairs, impacting their ability to receive deserved housing, education and disability benefits. Data revealed through the lawsuit demonstrated a higher denial rate for disability claims filed by Black veterans compared to their white counterparts. From 2001 to 2020, nearly 30% of disability claims filed by Black veterans were denied, compared to a 24.2% rejection rate for white veterans.

These findings are consistent with other recent studies. A U.S. Government Accountability Office report issued last summer showed that Black veterans had the lowest approval rates on initial claims among all racial and ethnic groups — 61%, compared to 75% for white veterans. The GAO’s analysis of medical conditions most frequently decided by the VA found that differences were particularly stark between Black and white male veterans, with Black male veterans’ approval rates being 3 to 22 percentage points lower.

The discrimination against Black veterans at the VA is part of a broader problem with the legacy system in place to serve our nation’s veterans, including our Veteran Service Organizations, which are intended to be the primary source of help for veterans applying for assistance. Like the VA itself, VSOs tend to be dominated by older white men, and are not as representative of the more diverse men and women leaving the military, particularly in recent years.

I have seen the effects of this racial disparity firsthand. My for-profit company, Veteran Benefits Guide, assists veterans in navigating the VA’s disability claims process to help ensure they receive the full benefits they have earned from their service in a timely manner. Seventy percent of our clients first tried to obtain their benefits by working directly with the VA or with the help of a VSO, but were denied or received inaccurate disability ratings that provided them with less than deserved.

While anecdotal, many of our clients, who are roughly 50% people of color and 25% Black, have told us that they simply didn’t feel well represented when working with the VA or their VSO, but they did feel comfortable working with our more diverse representatives, who are about 70% people of color, 28% Black and 60% women.

This sentiment tracks with a key finding in last summer’s GAO report. According to the GAO, representatives from three VSOs and the VA’s Advisory Committee on Minority Veterans agreed that “some veterans from historically disadvantaged racial and ethnic groups might not feel comfortable seeking assistance from VSOs that have limited racial and ethnic representation among their membership.”

My own case, while not traumatic, is emblematic of what many Black veterans confront. Like many Black veterans, during and after my service, I suffered from pseudofolliculitis barbae (PFB), a skin ailment brought on by years of close military shaves. It was only after speaking with a Black veteran friend that I learned this condition was rated as a disability by the VA. My white VSO representatives, while well-intentioned, never asked about or recognized my facial scarring.

To be clear, I believe VSO representatives are upstanding members of society who typically served their country valiantly in uniform and now devote their time and energy to serving their fellow veterans. But many VSOs today simply do not reflect the more diverse post-9/11 veteran community.

Collaboration between the public and private sectors is crucial to addressing this issue. The VA should expand its partnerships with VBG and similar organizations to provide additional support to veterans, and to adopt modern and innovative approaches to a decades-old system that does not meet the needs of our nation’s veterans. Accreditation reform can facilitate this process, ensuring that private entities uphold necessary standards. Maintaining the status quo only prolongs the suffering of veterans, regardless of their race.

When you consider that the VA’s own data shows that Black veterans like me are far more likely to have their claims denied than our white counterparts, it’s no surprise that many Black veterans are opting to choose private services over the legacy systems. Providing all veterans access to services with high operating standards and innovative and efficient solutions protects veterans from a broken, antiquated system that doesn’t look out for everyone equally.

By working together, we can modernize the VA’s systems, tackle its backlog, and fulfill its mission of honoring our veterans. It’s time to take decisive action to ensure that every veteran receives the benefits they rightfully deserve.

Read full article at Stars And Stripes