Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
A veterans disability lawsuit could be a solution for a lot 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 special programs.
According to a lawsuit filed on Monday, Black veterans have disproportionately more difficulty receiving these benefits. The Yale Law School Veterans Legal Services Clinic filed the suit on behalf of Conley M. Monk Jr.
PTSD
PTSD symptoms can manifest when people are traumatized. The symptoms include nightmares, anxiety or troubling flashbacks. This condition can cause people to avoid situations or places that bring back memories of their trauma experience. This could lead to isolation and depression. Counseling, medication and support from family members can in treating PTSD.
A new lawsuit filed by Black veterans and a Yale law clinic has found that the Department of Veterans Affairs has consistently denied disability compensation claims to Black veterans for years. Quil Lawrence of NPR reports that a VA whistleblower told the veterans 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 statistics showing that between 2001 between 2001 and 2020, the average rate for Black veterans with disability claims was rejected at 29.5 percent, compared to 24.2 percent of white veterans.
The lawsuit seeks compensation for Monk and other Black veterans who were unfairly denied benefits. It also aims to force the VA to review the thousands of other claims that were wrongly dismissed. The lawsuit was filed in federal court this week.
Traumatic Brain Injury
TBI symptoms may be apparent immediately or appear for days, hours or even weeks later. Some signs (headache, dizziness, fatigue) are physical, whereas others may include memory, concentration, emotion or behavioral issues. People suffering from TBI may experience problems with their emotions, concentration, or even behavior. TBI may also experience difficulty getting around or having balance issues and vision.
The brain injury from a TBI can be caused by a blow, bump or jolt on the head, whether it's from a force that is blunt or a penetrating wound (such as from a gun). The impact could cause the skull to fracture and cause bleeding and bruising of the brain within the skull. The brain could then swell pushing against the skull and cutting off blood flow. The injury may affect the whole brain or a particular lobe 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 broken and whether or not the skull was opened or shut due to the impact. TBIs are a variety of severity, ranging from a concussion up to a coma. People who suffer from TBI are at increased risk of developing depression, PTSD and other mental health conditions. Certain studies suggest that having multiple moderate to severe TBIs could increase the chance of developing dementia and other movement disorders in later life.
Post Traumatic Stress Disorder
Post traumatic stress disorder, also known as PTSD is the result of having to undergo a trauma. The symptoms can start when the event has ended, or years later. They may include memory problems difficulties with concentration and sleep, a feeling of anger and irritability and being easily startled or jumpy. Certain people may be depressed or suicidal. The condition can cause problems at work, in the home, and in relationships. It can also cause alcohol or drug dependence.
The symptoms can be treated using psychotherapy, which includes eye movement desensitisation and reprocessing (EMDR) or cognitive processing therapy. Certain people suffering from 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 looking into ways to prevent PTSD as well as examining the possibility that genes or the brain can affect the way a person reacts to trauma. Some researchers are looking at how a normal response to stress can turn into PTSD and how to treat it early.
If you suspect PTSD If you suspect PTSD, it is crucial to speak with a doctor. It is essential to deal with the symptoms that hinder your daily routine, like difficulty getting along with other people, or feeling anger and frustrated. Certain people suffering from PTSD require self-help methods which includes sharing their experiences in therapy or practicing relaxation techniques such as deep breathing or a rhythmic exercise. They also benefit by being able to discuss their fears with someone they trust.
Depression
Depression can bring feelings of sadness or hopelessness. Psychotherapy is a method to combat depression. This involves talking with an expert about the issues you are experiencing. It may also involve medications that can help boost your mood. There are many types of psychotherapy. For instance, cognitive behavioral therapy, which assists to change negative attitudes and behaviors and interpersonal therapy which focuses on your relationships. There are also group therapies that bring people suffering from similar conditions together in a calming and supportive environment.
The lawsuit claims that the VA has discriminated against Black veterans for decades, by denying disability compensation claim in a higher proportion than white veterans. It was filed on behalf of Conley Monk who was an Vietnam War veteran who tried to obtain medical benefits including housing assistance, education and benefits for more than 50 years. The suit is being filed by Yale Law School's
veterans disability lawyer Legal Services Clinic, which represented Monk in his successful attempt to overturn his less-than-honorable military discharge due to PTSD and other injuries.
The lawsuit asserts that racial prejudice in the justice system for military personnel impacted the discharge status of many Black service members and VA officials should have known this when they made decision-making regarding disability compensation. The lawsuit cites a study which found that, between 2001 and 2020 the average rate of denial for Black veterans who applied to receive disability compensation was 29,5% compared with 24,2% for white veterans.