Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

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

According to a lawsuit filed on Monday, Black veterans have disproportionately having a harder time 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 manifest in people who have been traumatized. The symptoms include anxiety, nightmares, or troubling flashbacks. The condition may also cause a person to avoid certain places or situations that trigger the trauma. This can cause people to feel isolated and depressed. Counseling, medication and the support from family members can to treat PTSD.

A lawsuit that was filed jointly by Black veterans disability attorneys and Yale law clinics has revealed that the Department of Veterans Affairs denied disability compensation claims of Black veterans consistently over the course of decades. NPR's Quil Lawrence claims that a whistleblower has told the veterans that VA internal documents revealed that Black veterans 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. The lawsuit refers to statistics that show that between 2001 and 2020, the percentage for Black veterans who filed disability claims was rejected at 29.5% compared to only 24.2 percent of white veterans.

The lawsuit seeks compensation for Monk and other Black veterans who were unfairly denied benefits. It is also seeking to force the VA to reconsider thousands of other claims that were dismissed in error. The lawsuit was filed in federal court on Wednesday.

Traumatic Brain Injury

TBI symptoms can be present immediately or manifest for days, hours or even weeks later. Some signs (headache dizziness, fatigue, headache) are physical, whereas others could be related to emotions, memory, concentration or behavior issues. TBI patients may also have difficulties moving or with vision and balance.

The brain damage due to a TBI can be caused by a blow, bump or jolt to the head whether from a blunt force or a penetrating injury (such as from a gun). The impact could cause the skull to break which can cause bleeding and bruising of the brain inside the skull. The brain can expand and press against the skull, causing blood circulation. The injury could affect the entire brain or a specific lobe of the brain.

Certain TBIs can be classified as closed and others as open. The classification is based on whether the skull was fractured or not, and whether the skull was closed or opened due to the impact. TBIs can differ in severity from concussion to the coma. People who suffer from TBI are at greater risk of developing depression, PTSD and other mental health issues. Certain studies suggest 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 (PTSD) occurs after someone has suffered a trauma. The symptoms can manifest immediately following the event or even years after. Memory problems, difficulty getting sleep and concentrating, or feelings of anger or irritability and being easily scared are a few of the symptoms. Some people might experience depression or suicidal thoughts. PTSD can cause issues at work, with relationships, and at home. It can also trigger alcohol or drug dependence.

The symptoms can be treated with psychotherapy, including eye movement desensitisation and reprocessing (EMDR) or cognitive processing therapy. Antidepressants, such as selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial for people suffering from PTSD. Medications can help to manage symptoms and aid in getting through daily activities.

A few studies are looking at ways to avoid PTSD. This includes looking at whether genes and the brain can influence the way a person reacts to a trauma. Other researchers are looking into how a normal stress response develops into PTSD and how to treat it earlier.

It is important to see your doctor if you suffer from PTSD. The symptoms that hinder your everyday life, like difficulty relating to others, or feeling angry or upset, should be addressed promptly. Some people with PTSD require self-help methods by talking about their experiences during therapy or practicing methods of relaxation, such as deep breathing or doing a thumping exercise. They may also benefit from being able to share their fears with a person they trust.

Depression

Depression is a condition that can lead to feelings of sadness and hopelessness. Psychotherapy is one method to treat depression. This involves talking to a professional about the problems you're experiencing. You may be prescribed medication to improve your mood. There are many different types of therapy. Cognitive behavioral therapy aids you change your negative thoughts and behaviors while interpersonal therapy focuses on relationships. There are also group therapies that bring people with the same issue together in a safe and supportive setting.

The lawsuit asserts that the VA has discriminated against Black veterans for decades by denying disability compensation claims at a higher rate than white veterans. Conley Monk is a Vietnam War veteran, who has been trying to obtain medical benefits in the form of housing, educational and medical benefits for more than 50 years. The lawsuit is being handled by Yale Law School's Veterans Legal Services Clinic. Monk was represented in his successful bid to rescind his less than honorable military discharge due to PTSD and other injuries.

The lawsuit says that racial bias within the justice system for military personnel impacted the discharge status of numerous Black service members and VA officials should have been aware of this when they made the decisions on disability compensation. It cites research that found that between 2001 and the year 2020, the average rate of denial for Black veterans who applied for disability compensation was 29.5 percent, compared with 24.2 percent for white veterans.