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Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

A veterans disability lawsuit could be the solution for many veterans suffering from disabilities as a result of their military service. The Department of Veterans Affairs provides benefits to those who served in the military, including medical care and specialty programs.

According to a lawsuit filed Monday, Black veterans have disproportionately more trouble receiving these benefits. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's Veterans Legal Services Clinic.

PTSD

If someone experiences trauma they may be prone to develop symptoms of post-traumatic stress disorder (PTSD). Symptoms may include flashbacks, nightmares or anxiety that cause anxiety. This disorder can make an individual to avoid certain situations or places that bring back memories of their trauma experience. This can cause a sense of isolation and depression. The good news is that PTSD can be treated with counseling and medication, as well as support from family members.

A new lawsuit brought jointly by Black veterans and Yale law clinics has revealed that the Department of Veterans Affairs denied disability compensation claims made by Black veterans consistently over the course of decades. NPR's Quil Lawrence reports that a whistleblower told the veterans that VA internal documents show Black veterans disability law firms were denied benefits more often than white veterans.

The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Legal Services Clinic. It cites data showing that between 2001 and 2020, the rejection rate for Black disability claims was 29.5 percent, compared to 24.2 percent for white veterans.

The lawsuit seeks compensatory damages for Monk and other Black veterans who were unfairly denied benefits. It also demands the VA to reconsider thousands of other claims that were wrongly dismissed. The lawsuit was filed this week in federal court.

Traumatic Brain Injury

TBI can be mild, moderate, or severe and symptoms may be immediately evident or develop days or weeks after the injury. There are physical symptoms (headache fatigue, dizziness and headache) while others may be related to issues with memory and concentration, emotional or behavior. TBI patients might also experience trouble moving or having problems with balance and vision.

The brain's damage caused by a TBI can be caused by a bump, blow or jolt to the head whether from a blunt force or a penetrating wound (such as from a bullet). The impact could cause skull fracture, which could result in bleeding and bruises of the brain inside the skull. The brain may expand and push against the skull, causing blood circulation. The injury may affect the whole brain or a particular lobe of the brain.

Certain TBIs are classified as open and some are closed. The classification is based on whether the skull was fractured or not and on whether the skull was opened or closed by the impact. TBIs range in severity, ranging from concussions up to coma. People who suffer from TBI are at a higher risk of developing depression, PTSD and other mental health issues. Certain studies suggest that having a number of moderate to severe TBIs can increase the risk of developing dementia and movement disorders later on in life.

Post Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) occurs when someone has suffered a trauma. The symptoms can start when the event is over or even years later. Memory problems, trouble concentrating and sleeping, feelings of anger or irritability as well as being easily shocked are some of the symptoms. Certain people may be depressed or suicidal. PTSD can create problems at work, home and even in relationships. It can also cause addiction, which can include alcohol or other drugs.

Psychotherapy can treat symptoms, like eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants, such as selective Serotonin Reuptake Inhibitors (SNRIs) are beneficial for some people with PTSD. The medication helps to manage symptoms and make daily activities more enjoyable.

A few studies are looking at ways to prevent PTSD and examining the possibility that genes or the brain can influence a person's response to a trauma. Researchers are studying how a normal response to stress could turn into PTSD and how to treat it early.

It is vital to see a physician if you suffer from PTSD. The symptoms that hinder your daily life, such as difficulties in relating with people around you or feeling angry and annoyed need to be addressed immediately. Self-help may be helpful for those suffering from PTSD. They may benefit from talking about their experiences during therapy or performing relaxation exercises such as deep breathing and a rhythmic exercise. They also benefit from being able to share their fears with a trusted person.

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Depression is an illness that can bring on feelings of sadness and despair. It can be treated through psychotherapy, which is the process of talking with an therapist about the issues that cause you stress. There may also be medication that can help improve your mood. There are numerous types of therapy. Cognitive behavioral therapy aids you change negative thoughts and behavior while interpersonal therapy is focused on relationships. There are also group therapies that bring people who have similar issues together in a positive environment.

The lawsuit alleges that the VA discriminated against Black Veterans for decades by refusing disability claims in an increased rate than white veterans. Conley Monk is a Vietnam War veteran, who has been fighting for medical benefits in the form of housing, educational and medical benefits for more than 50 years. The lawsuit was filed by Yale Law School's Veterans Legal Services Clinic. Monk was represented in his successful bid to rescind his unhonorable discharge from the military due to PTSD and other injuries.

The lawsuit claims that racial bias in the justice system of the military affected the discharge status of many Black service members, and VA officials should have been aware of this prior to making disability compensation decisions. The lawsuit refers to a study that found that between 2001 and the year 2020, the average rate of denial for Black veterans who applied to receive disability compensation was 29,5%, compared with 24,2 percent for white veterans.