Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
For many veterans who suffer from disabilities due to their military service, a disability lawsuit might be the answer. The Department of Veterans Affairs offers benefits to veterans, including medical care and programs for veterans.
According to a lawsuit filed Monday, Black veterans have disproportionately more trouble getting 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 in people who have been traumatized. The symptoms can include anxiety, nightmares or disturbing flashbacks. The condition can make a person avoid situations or places that trigger memories of their traumatic experience. This can lead people to feel lonely and depressed. Counseling, medication, and support from family members can help treat PTSD.
A new lawsuit jointly filed by Black veterans and the Yale law clinics revealed that the Department of Veterans Affairs denied disability compensation claims of Black vets systematically over decades. NPR's Quil Lawrence says that a whistleblower revealed to the veterans that VA internal documents reveal that Black veterans were more often denied benefits than white veterans.
The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Legal Services Clinic. The lawsuit cites statistics that show that between 2001 and 2020 the rate of rejection for Black disability claims was 29.5 percent, compared with 24.2% for white veterans.
The lawsuit seeks to recover compensation for Monk and Black veterans who were unfairly denied benefits. It also demands the VA to reassess the thousands of other claims that were incorrectly dismissed. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI can be mild, moderate, or severe and symptoms may become apparent or they may develop within a few hours or even weeks after the injury. Some of the symptoms are physical (headache, fatigue and dizziness) while others may be related to issues with memory and concentration, as well as emotional behavior. TBI patients might also experience problems with movement or vision and balance.
The brain's damage caused by a TBI can be caused through a hit, bump or jolt on the head, regardless of whether it was caused by a sharp force or penetrating wound (such as a bullet). The impact could cause skull fracture that can result in bleeding and swelling of the brain within the skull. The brain can expand and push against the skull, causing blood circulation. The injury may affect the entire brain or a specific lobe in the brain.
Certain TBIs are classified as open, while others are closed. The classification depends on whether the skull is fractured or not and on whether the skull was opened or closed by the impact. TBIs can differ in severity from a concussion up to a coma. People with TBI are more at risk of developing depression, PTSD and other mental health conditions. Research suggests that having multiple moderate to severe TBIs could increase the likelihood of developing dementia and movement problems in later years.
Post Traumatic Stress Disorder
Post traumatic stress disorder, also known as PTSD is the result of having to are traumatized. Symptoms can start at the time that the event ends or a few years later. Memory problems, difficulties in sleeping and concentrating, feelings of anger or irritability as well as being easily startled are some of the symptoms. Certain people may be depressed or suicidal. PTSD can create problems at home, work and even in relationships. It can also cause addiction, such as alcohol or other drugs.
Psychotherapy can treat symptoms like eye movement desensitisation (EMDR) and cognitive processing therapy. Certain people suffering from PTSD benefit by taking antidepressants, such as selective serotonin reuptake inhibitors, or SNRIs. Medications can help control the symptoms and help you get through daily activities.
Some research is investigating ways to prevent PTSD by examining whether genes or the brain can affect the way a person reacts to a trauma. Some researchers are looking at the ways in which a normal response to stress can turn into PTSD, and how it can be treated early.
If you suspect PTSD, it is important to see a doctor. Symptoms that interfere with daily life, such as difficulty relating to other people or feeling angry and upset must be addressed quickly. Some people with PTSD have the benefit of self-help by sharing their experiences in therapy or practicing relaxation techniques such as deep breathing or doing a thumping exercise. They can also benefit from sharing their fears with a person they trust.
The following are ways to reduce your risk:
Depression can lead to feelings of sadness or hopelessness. It can be treated through psychotherapy, which is the process of talking with a therapist about the issues that are causing your problems. It could also involve medication that can help improve your mood. There are several different types of psychotherapy. For instance, cognitive behavioral therapy, which aids you overcome negative attitudes and behaviors and interpersonal therapy, which is focused on your relationships. There are also group therapies that bring people with similar conditions together in a safe and supportive setting.
The lawsuit claims that the VA has discriminated against Black veterans disability lawyers for a long time, by disproportionately rejecting disability compensation claim at a higher percentage than white veterans disability lawyers. It was filed on behalf of Conley Monk who was who is a Vietnam War veteran who tried to gain access to medical benefits, housing assistance and education benefits for 50 years. The lawsuit was filed by Yale Law School's Veterans Legal Services Clinic. Monk was represented in his successful effort to rescind his less than honorable military discharge because of PTSD and other injuries.
The lawsuit claims that racial discrimination within the military justice system impacted the discharge status of Black service members and VA officials should have been aware of this prior to making decisions regarding disability compensation. The lawsuit refers to a study that found that, between 2001 and 2020, the average rate of denial for Black veterans who applied for disability compensation was 29,5%, against 24,2% for white veterans.