Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
A veterans disability lawsuit could be a solution for a large number of veterans suffering from disabilities resulting from their military service. The Department of Veterans Affairs provides benefits to those who been in the military, including medical care and specialty programs.
According to a lawsuit filed on Monday, Black veterans have disproportionately having a harder time obtaining these benefits. The Yale Law School Veterans Legal Services Clinic filed the suit on behalf of Conley M. Monk Jr.
PTSD
PTSD symptoms can develop when someone is traumatized. Symptoms include anxiety, nightmares or disturbing flashbacks. The condition may also cause someone to avoid certain locations or situations that bring back memories of the traumatic event. This can cause depression and isolation. The good news is that PTSD can be treated with the help of counseling, medication and support from loved ones.
A new lawsuit brought by Black veterans and a Yale law clinic has revealed that the Department of Veterans Affairs has consistently denied disability compensation claims to Black veterans for decades. Quil Lawrence of NPR reports that a VA whistleblower notified the
veterans disability attorneys that VA documents showed that Black veterans were denied benefits in a higher proportion than white veterans.
The lawsuit was filed by Marine Vietnam veteran Conley Monk and Yale's Veterans Legal Services Clinic. The lawsuit cites data that shows that from 2001 to 2020, the rate of rejection for Black disability claims was 29.5 percent, compared with 24.2% for white veterans.
The lawsuit seeks compensatory damages for Monk and other Black veterans who were denied access to benefits. It also aims to force the VA to review the claims of thousands of other veterans who were incorrectly dismissed. The lawsuit was filed in federal court this week.
Traumatic Brain Injury
TBI symptoms can be present immediately or appear for days, hours or even weeks later. Some signs (headache dizziness, fatigue, headache) are physical, while others may include emotional, memory, concentration or behavioral issues. TBI patients may also have problems with movement or balance and vision.
The brain damage from a TBI can be caused by a bump, a blow or jolt to the head whether from a blunt force or a penetrating wound (such as a bullet). The impact can cause skull fracture that can lead to bleeding and swelling of the brain within the skull. The brain may expand and press against the skull, causing blood circulation. The injury can affect the entire brain or a specific area of the brain.
Some TBIs can be classified as closed, and others as open. The classification is determined by whether or not the skull has been fractured and whether or not the skull was opened or shut due to the impact. TBIs vary in severity, from concussions all the way to death. People with TBI are at increased risk of developing depression, PTSD and other mental health conditions. A few studies suggest that having a number of moderate to severe TBIs could increase the risk of dementia and movement disorders later on in life.
Post Traumatic Stress Disorder
Post traumatic stress disorder, or PTSD is the result of having to suffer a trauma. The symptoms can manifest immediately after the event ends, or years later. Memory problems, difficulties sleep and concentration, feelings of anger or irritability as well as being easily scared are a few of the symptoms. People may experience depression or suicidal. Stress can cause issues at work, in relationships and at home. It can also cause addiction, such as alcohol or drug.
The symptoms can be treated using psychotherapy, including eye movement desensitisation and reprocessing (EMDR) or cognitive processing therapy. Some people with PTSD benefit from taking antidepressants, such as selective serotonin reuptake inhibitors, or SNRIs. Medications help to control symptoms and make everyday activities easier.
Some research is investigating ways to prevent PTSD and examining whether the brain or genes can affect a person's response to a trauma. Other researchers are looking into how a normal stress response changes into PTSD and how to treat it before it becomes a problem.
If you suspect PTSD If you suspect PTSD, it is crucial to see a doctor. It is important to address issues that impact your daily life, such as difficulty in getting along with others, or being angry and frustrated. Self-help can be helpful for those suffering from PTSD. They could benefit from sharing their experiences in therapy, or practicing relaxation exercises like deep breathing and rhythmic exercise. They also benefit from sharing their fears with a trusted person.
Depression
Depression can cause feelings of sadness or hopelessness. It can be treated using psychotherapy, which involves speaking with a therapist about the issues that cause you stress. It could also involve medication, which can boost your mood. There are a variety of therapy. Cognitive behavioral therapy assists you change negative thoughts and behavior while interpersonal therapy focuses on relationships. There are group therapies that bring people suffering from similar ailments together in a calming and supportive environment.
The lawsuit asserts that the VA has discriminated against Black veterans for decades, by disproportionately rejecting disability compensation claims at a higher percentage than white veterans. Conley Monk is a Vietnam War veteran, who has been battling to receive medical benefits, housing benefits and education benefits for more than 50 years. The lawsuit is being filed by Yale Law School’s
veterans disability attorney Legal Services Clinic. Monk was represented in his successful bid to rescind his less than honorable discharge from the military because of PTSD and other injuries.
The lawsuit claims that racial bias in the military justice system impacted the discharge status of a lot of Black service members, and VA officials should have been aware of this when making decisions regarding disability compensation. The lawsuit cites a study which found that between 2001 and the year 2020, the average denial rate for Black veterans who applied for disability compensation was 29.5%, compared to 24.2 percent for white veterans.