Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

A veterans disability lawsuit could be the answer for a large number of veterans suffering from disabilities resulting from their military service. The Department of Veterans Affairs offers benefits to veterans, including medical treatment and special programs.

However, getting those benefits is disproportionately difficult for Black veterans, according to a new lawsuit filed Monday. 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. The symptoms include nightmares, anxiety or troubling flashbacks. The condition can make a person avoid places or situations which trigger memories of their traumatic experience. This can lead individuals to feel isolated and depressed. The good news is that PTSD can be managed 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 vets systematically over decades. Quil Lawrence of NPR reports that a VA whistleblower notified the veterans that VA documents revealed that Black veterans were denied benefits at a higher rate than their white counterparts.

The lawsuit was brought by Marine Vietnam veteran Conley Monk and Yale's Veterans Legal Services Clinic. The lawsuit cites data that show that between 2001 and 2020, the percentage for Black veterans with disability claims was rejected at 29.5 percent, as compared to 24.2% of white veterans.

The lawsuit seeks compensatory damages for Monk and other Black veterans who were unfairly denied access to benefits. The lawsuit also seeks to force VA to review tens of thousands of other claims that were denied in error. The lawsuit was filed in federal court earlier this week.

Traumatic Brain Injury

TBI can be mild, moderate or even severe and symptoms may be immediately evident or develop days or weeks after the injury. Some of the symptoms are physical (headache, fatigue and dizziness) and others are related to problems with memory and concentration, as well as emotional behavior. People with a TBI might also have difficulty getting around or with balance and vision.

The brain's damage caused by a TBI can be caused by a bump, a blow or jolt to the head whether from a blunt force or penetrating cut (such as from a gun). The impact may cause the skull to break and cause bleeding and bruising of the brain within the skull. The brain could then swell pushing against the skull, causing a cut in blood flow. The injury may affect the entire brain or a particular lobe of the brain.

Certain TBIs can be classified as closed and others as open. The classification is based on whether the skull has been damaged or not, as well as whether the skull was closed or opened due to the impact. TBIs vary in severity, ranging from a concussion up to a death. People who have TBIs are at a higher chance of developing depression or PTSD and other mental health problems. Some research suggests that having multiple moderate to severe TBIs could increase the risk of developing dementia and movement disorders later on in life.

Post Traumatic Stress Disorder

Post traumatic stress disorder, or PTSD is the result of having to are traumatized. The symptoms can start at the time that the event has ended and continue for veterans disability a long time. They may include memory issues as well as difficulty getting sleep and concentrating, feelings of anger and irritability and being easily scared or jittery. There are some who have suicidal or depression-related thoughts. PTSD can cause issues at work, at home, and even in relationships. It can also trigger alcohol or drug addiction.

The symptoms can be treated using psychotherapy, such as eye movement desensitisation and reprocessing (EMDR) or cognitive processing therapy. Certain people suffering from PTSD benefit from taking antidepressants, such as selective serotonin receptor inhibitors or SNRIs. The medications help manage symptoms and make daily activities more enjoyable.

Some research is exploring how to prevent PTSD by examining whether genes or the brain can affect the way a person reacts to a trauma. Others are investigating how a normal response to stress changes into PTSD and how to treat it early.

It is vital to see a physician if you suffer from PTSD. It is important to address issues that impact your everyday life, such as difficulty relating to others, or feeling annoyed and frustrated. Certain people with PTSD require self-help methods, such as talking about their experiences in therapy or using relaxation techniques like deep breathing or rhythmic exercise. They can also benefit by sharing their anxieties with a trusted person.

Depression

Depression is a condition that can cause feelings of sadness and despair. It can be treated through psychotherapy, which involves speaking with an experienced therapist about the issues that cause you stress. You may also be prescribed medication to help improve your mood. There are many different kinds of psychotherapy, such as cognitive behavioral therapy, which assists to change negative attitudes and behaviors and interpersonal therapy, which is focused 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 discriminated against Black Veterans for decades by declining disability claims in greater percentages than white veterans. It was filed on behalf of Conley Monk who is an 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 overturn his less-than-honorable military discharge because of PTSD and other injuries.

The lawsuit claims that racial discrimination in the military justice system affected the discharge status of Black service members and VA officials should've known this when deciding on disability compensation. 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% as opposed to 24,2 percent for white veterans.