Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
A lawsuit for disability claims by veterans could be the solution for many veterans who suffer from disabilities due to their military service. The Department of Veterans Affairs provides benefits to those who served in the military, such as medical care and special programs.
However, getting those benefits is disproportionately difficult for Black veterans, as per a lawsuit filed on Monday. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's Veterans Legal Services Clinic.
PTSD
When people experience trauma it can lead them to develop symptoms of post traumatic stress disorder (PTSD). The symptoms include nightmares, anxiety or frightening flashbacks. The condition can cause people to avoid certain places or situations that remind them of the traumatic event. This could lead to isolation and depression. The good news is that PTSD can be managed with counseling and medication as well as the support of family members.
A new lawsuit brought jointly by Black veterans and the Yale law clinics found that the Department of Veterans Affairs denied disability compensation claims for Black vets systematically over decades. Quil Lawrence of NPR reports that a VA whistleblower revealed to the veterans that VA documents showed that Black veterans were denied benefits at a higher percentage than their white counterparts.
The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Disability Lawyer (Fhoy.Kr) Legal Services Clinic. The lawsuit cites statistics showing that between 2001 between 2001 and 2020, the average rate for Black veterans of disability claims was rejected at 29.5 percent, as compared to 24.2 percent of white veterans.
The lawsuit seeks compensation for Monk and Black veterans who were wrongfully denied benefits. It is also seeking to force the VA to reassess the thousands of other claims that were dismissed in error. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI can be mild, moderate or serious and symptoms can be immediately apparent or may develop in the hours or even weeks following the injury. There are physical symptoms (headache dizziness, fatigue, and headache) while others may be related to issues with memory and concentration, as well as emotional behavior. People with a TBI may also experience difficulty getting around or having balance issues and vision.
The brain injury caused by a TBI can be caused by a bump, a blow or jolt to the head, or a blow that is a blunt force or a penetrating injury (such as a bullet). The impact could cause skull fracture, which could lead to bleeding and bruises of the brain inside the skull. The brain could then swell, pushing against the skull, causing a cut in blood flow. The injury may occur in the entire brain or the lobe in which it is located.
Some TBIs are classified as open, while others are closed. The classification is determined by the extent to which the skull has been broken and whether or not the skull was opened or shut by the impact. TBIs can differ in severity from a concussion to being in a coma. People who suffer from TBI are at greater risk of developing depression, PTSD and other mental health issues. Some research suggests that having a variety of moderate to severe TBIs can increase the risk of dementia and other movement disorders later in life.
Post Traumatic Stress Disorder
Post traumatic stress disorder, or PTSD is the result of having to suffer a trauma. It can be apparent immediately following the event, or may develop years later. They could include memory problems, difficulty sleeping and concentrating, feelings of anger and irritability, and being easily startled or jumpy. There are some who have suicidal or depression-related thoughts. PTSD can create problems at work, at home, and in relationships. It can also cause alcohol or drug dependence.
It is possible to treat symptoms with psychotherapy, including eye movement desensitisation and processing (EMDR) or cognitive processing therapy. Some people with PTSD benefit by taking antidepressants, such as selective serotonin reuptake inhibitors or SNRIs. Medications help to control symptoms and make daily activities easier.
Some research is exploring how to stop PTSD as well as examining whether genes or the brain can affect a person's response to trauma. Some researchers are investigating how a normal response to stress can turn into PTSD and how to treat it early.
It is important to see your doctor if you suffer from PTSD. It is essential to address issues that affect your everyday life, such as difficulties in relating to others, or feeling angry and frustrated. Self-help can be helpful for those suffering from PTSD. They could benefit from discussing their experiences in therapy, or doing relaxation exercises such as deep breathing and rhythmic exercise. They may also gain from being able to share their anxieties with someone they trust.
Depression
Depression is a condition that can cause feelings of sadness and hopelessness. Psychotherapy is one method to manage depression. This involves talking to a professional about the problems you are experiencing. You may be prescribed medication to help improve your mood. There are numerous types of therapy. Cognitive behavioral therapy assists you to change your negative thoughts and behaviors and focuses on relationships. There are also group therapies that bring people suffering from similar conditions together in a supportive setting.
The lawsuit asserts that the VA has discriminated against Black veterans for decades, by denying disability compensation claim at a higher rate than white veterans. Conley Monk is a Vietnam War veteran, who has been fighting for medical benefits as well as housing and education benefits for over 50 years. The lawsuit is being handled by Yale Law School’s Veterans Legal Services Clinic. Monk was represented in his successful attempt to rescind his less than honorable discharge from the military because of PTSD and other injuries.
The lawsuit says that racial bias in the military justice system impacted the discharge status of many Black service members, and VA officials should have been aware of this when making the decisions on disability compensation. The lawsuit cites a study that found that between 2001 and the year 2020, the average rate of denials for Black veterans who applied for disability compensation was 29,5%, as opposed to 24,2% for white veterans.