Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
For a lot of veterans suffering from disabilities as a result of their military service, a
Veterans Disability Lawyer disability lawsuit may be the answer. 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 on 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
When people experience trauma they may be prone to develop symptoms of post traumatic stress disorder (PTSD). The symptoms include anxiety, nightmares, or troubling flashbacks. This condition can cause an individual to avoid certain places or situations that bring back memories of their trauma experience. This can lead to isolation and depression. The good news is that PTSD can be managed with counseling and medication as well as the support of loved ones.
A new lawsuit brought jointly by Black
veterans disability attorneys and the Yale law clinics has revealed that the Department of Veterans Affairs denied disability compensation claims of Black veterans repeatedly over the course of decades. Quil Lawrence of NPR reports that a VA whistleblower notified the vets that VA documents revealed that Black veterans were denied benefits at a higher rate than their white counterparts.
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 and 2020, the percentage for Black veterans' disability claims was rejected at 29.5 percent, as compared to 24.2 percent of white veterans.
The lawsuit seeks compensation for Monk and Black veterans who were unfairly denied benefits. It also seeks to force the VA to reassess the thousands of other claims that were dismissed in error. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI can be mild, moderate, or severe and symptoms may be immediately apparent or may develop hours or even weeks after the injury. Certain symptoms are physical (headache fatigue, dizziness and headache) and others are related to problems with memory and concentration, as well as emotional behavior. People with TBI may experience problems with their emotions, concentration, or even behavior. TBI may also have trouble getting around or with balance and vision.
The brain's damage due to a TBI can be caused by a bump, blow or jolt on the head, whether it's from a force that is blunt or penetrating cut (such as from a shot). The impact could cause skull fracture that can cause bleeding and bruising of the brain within the skull. The brain then may swell pushing against the skull and reducing blood flow. The injury could affect the entire brain or a specific area of the brain.
Certain TBIs are classified as open, while others are closed. The classification is dependent on whether or not the skull was fractured and whether or not the skull was shattered or opened by the impact. TBIs range in severity, from a concussion up to a coma. Patients with TBI are at a higher risk of developing depression, PTSD and other mental health conditions. Research suggests that having a variety of moderate to severe TBIs could increase the risk of dementia and movement disorders later on in life.
Post Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) occurs when an individual experiences a trauma. The symptoms can manifest when the event has ended or even years later. They can include memory problems, difficulty sleeping and concentrating, feelings of anger and irritability, and being easily startled or jumpy. There are some who experience depression or suicidal thoughts. PTSD can create problems at work, home and in relationships. It can also cause addiction, which can include alcohol or other drugs.
The symptoms can be treated with psychotherapy, including eye movement desensitisation and processing (EMDR) or cognitive processing therapy. Some sufferers of PTSD benefit from taking antidepressants, for example as selective serotonin receptor inhibitors or SNRIs. The medication helps to manage symptoms and make everyday activities easier.
Some research is looking into ways to prevent PTSD and examining whether the brain or genes can affect the way a person reacts to trauma. Researchers are studying how a normal reaction to stress may turn into PTSD and how it can be treated early.
It is crucial to visit your doctor if you suffer from PTSD. The symptoms that hinder your daily life, such as trouble getting along with other people or feeling angry and irritable should be addressed immediately. Self-help can be helpful for some people with PTSD. They could benefit from talking about their experiences during therapy, or engaging in relaxation exercises like deep breathing and rhythmic exercises. They may also benefit from being able to talk about their fears with someone they trust.
Depression
Depression can cause feelings of despair or sadness. It can be treated with psychotherapy. It involves speaking with an therapist about the issues that cause you stress. It could also involve medication, which can help lift your mood. There are numerous types of therapy. Cognitive behavioral therapy aids you to change negative thoughts and behavior and focuses on relationships. There are group therapies which bring people with similar conditions together in a calming and supportive environment.
The lawsuit claims that the VA discriminated against Black
veterans disability lawyers for decades by refusing disability claims at a higher percentage than white veterans. It was filed on behalf of Conley Monk who was a Vietnam War veteran who tried to access medical benefits including housing assistance, education and benefits for over 50 years. The suit is being 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 claims that racial discrimination within the military justice system affected the discharge status of Black service members and VA officials should have been aware of this when deciding on disability compensation. It cites a research study that discovered that between 2001 and 2020, the average denial rate for Black veterans who applied for disability compensation was 29.5 percent, compared to 24.2 percent for white veterans.