Veterans Disability Lawsuit - How to File a
Veterans Disability LawsuitA veterans disability (
one-time offer) lawsuit could be the answer for a large number of veterans suffering from disabilities as a result of their military service. The Department of Veterans Affairs provides benefits to those who been in the military, including medical care and special programs.
However, obtaining these benefits is disproportionately difficult for Black veterans, as per a new lawsuit filed Monday. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's Veterans Legal Services Clinic.
PTSD
When someone is traumatized it may cause them to develop symptoms of post traumatic stress disorder (PTSD). It can manifest as anxiety, nightmares or flashbacks that are disturbing. This disorder can make the sufferer to avoid places or situations that remind them of their traumatic experience. This can cause isolation and depression. The good news is that PTSD can be treated with counseling, medication, and support from family members.
A new lawsuit filed by Black veterans and a Yale law clinic has revealed that the Department of Veterans Affairs has consistently denied disability compensation claims to Black veterans for decades. NPR's Quil Lawrence reports that a whistleblower told the veterans that VA internal documents revealed that Black veterans were denied benefits more frequently than their white counterparts.
The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Legal Services Clinic. The lawsuit cites research that indicates that from 2001 to 2020 the rejection rate for Black disability claims was 29.5 percent, compared with 24.2 percent for white veterans.
The lawsuit seeks compensation for Monk and other Black veterans who were unfairly denied benefits. The lawsuit also seeks to force VA to reassess tens of thousands of claims that were incorrectly denied. The lawsuit was filed in federal court on Wednesday.
Traumatic Brain Injury
TBI symptoms can be immediate or develop hours, days or even weeks later. Certain symptoms are physical (headache, fatigue and dizziness) while others include problems with memory focus, emotions, or behavior. People suffering from TBI TBI might also have trouble getting around or having balance issues and vision.
The brain damage from a TBI can be caused by a blow, bump or jolt on the head, or a blow that is a blunt force or a penetrating wound (such as from a shot). The impact could cause skull fracture, which could result in bleeding and bruising of the brain within the skull. The brain may expand and push against the skull, causing blood circulation. The injury could affect the entire brain or a particular lobe of the brain.
Some TBIs can be classified as closed and others as open. The classification is based on whether the skull has been fractured or not and on whether the skull was opened or closed due to the impact. TBIs can vary in severity ranging from concussion to an coma. People who suffer from TBI are at a higher risk of developing depression, PTSD and other mental health issues. Research suggests that having several 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) is a condition that occurs when someone has suffered a trauma. The symptoms can manifest as soon as the event is over or even years later. They may include memory problems trouble sleeping and concentrating, feelings of anger and irritability, and being easily scared or jittery. Some people may feel depressed or suicidal. Stress can cause issues at work, with relationships, and at home. It can also cause alcohol or drug addiction.
Psychotherapy can help treat symptoms, such as eye movement desensitisation (EMDR) and 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 everyday activities easier.
Some research examines how to prevent PTSD. This includes examining how genes and the brain can influence a person's reaction to trauma. Other studies are looking at how a normal response to stress develops into PTSD and how to treat it before it becomes a problem.
It is essential to consult your doctor if you suffer from PTSD. Symptoms that interfere with daily life, such as trouble getting along with others, or feeling angry or irritable, should be addressed promptly. Certain people suffering from PTSD can benefit from self-help techniques which includes talking about their experiences in therapy or using relaxation techniques, like deep breathing or exercise. They may also gain by being able to discuss their anxieties with someone they trust.
Depression
Depression can cause feelings of sadness or hopelessness. Psychotherapy is one way to manage depression. It involves speaking with a professional about the problems you are experiencing. It may also involve medications that can help to improve your mood. There are many types of psychotherapy, such as cognitive behavior therapy, which helps you overcome negative beliefs and habits and interpersonal therapy which concentrates on your relationships. There are also group therapies that bring people suffering from similar ailments together in a supportive atmosphere.
The lawsuit claims that the VA has discriminated against Black veterans for decades through a disproportionate refusal of disability compensation claims in a higher proportion than white veterans. The lawsuit was filed on behalf of Conley Monk who was a Vietnam War veteran who tried to gain access to medical benefits including housing assistance, education and benefits for over 50 years. The suit was filed by Yale Law School's Veterans Legal Services Clinic, which represented Monk in his successful attempt to reverse his less-than honorable military discharge due to PTSD and other injuries.
The lawsuit asserts that racial bias in the military justice system impacted the discharge status of many Black service members and VA officials should have recognized this when they made decisions regarding disability compensation. The lawsuit cites research that found that, between 2001 and the year 2020, the average denial rate for Black veterans who applied to receive disability compensation was 29,5% compared with 24,2 percent for white veterans.