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Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

For many veterans suffering disabilities caused by their military service, a disability lawsuit could be the answer. The Department of Veterans Affairs offers benefits to veterans, such as medical care and special programs.

However, obtaining those benefits is particularly difficult for Black veterans, according to a lawsuit filed on Monday. The Yale Law School veterans disability lawyers [Recommended Reading] 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 anxiety, nightmares or disturbing flashbacks. The condition can also cause a person to avoid certain places or situations that trigger the trauma. This can cause individuals to feel isolated and depressed. The good news is that PTSD can be treated with counseling, medication and support from loved ones.

A lawsuit that was filed jointly by Black veterans and Yale law clinic found that the Department of Veterans Affairs denied disability compensation claims made by Black veterans consistently 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 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 refers to statistics that show that between 2001 to 2020, the rejection rate for Black veterans of disability claims was rejected at 29.5 percent, compared to 24.2 percent of white veterans.

The lawsuit seeks compensatory damage for Monk and Black veterans who were denied benefits unfairly. The lawsuit also seeks to for the VA to review tens or thousands of other claims that were wrongly denied. The lawsuit was filed this week in federal court.

Traumatic Brain Injury

TBI symptoms can be present immediately or appear for days, hours or even weeks later. Some signs (headache, dizziness, fatigue) are physical, while others may include memory, concentration, emotion or behavior problems. People suffering from TBI may experience problems with their emotions, concentration, or even behavior. TBI might also have difficulty getting around or with balance and vision.

TBIs can result from a TBI in the event that the brain has been injured by an injury or bump to the head. This can occur from an impact that is sharp or a penetrating wound (such as a bullet). The impact could cause the skull to break which causes bleeding and bruising of the brain within the skull. The brain can swell and press against the skull, cutting off blood circulation. The injury can occur in the entire brain or in one particular lobe.

Some TBIs are classified as open and some are closed. The classification is based on whether the skull has been fractured or not and on whether the skull was closed or opened due to the impact. TBIs can range in severity from concussion to the coma. People suffering from TBI are at greater risk of developing depression, PTSD and other mental health issues. Certain studies suggest that having multiple moderate to severe TBIs could increase the risk of dementia and movement disorders later in life.

Post Traumatic Stress Disorder

Post traumatic stress disorder, also known as PTSD is the result of having to experience a trauma. The symptoms can begin immediately after the event has ended and continue for a long time. Memory problems, difficulty sleep and concentration, feelings of anger or irritability and being easily scared are a few of the symptoms. Some people may be depressed or have suicidal thoughts. PTSD can cause issues at home, work, and in relationships. It can also cause addiction, including alcohol or drug.

Psychotherapy can treat symptoms, like eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants, such as selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial for some people with PTSD. The medications help manage symptoms and make daily activities easier.

A few studies are looking at ways to prevent PTSD. This includes looking at whether the brain and genes affect a person's response to a trauma. Other researchers are looking into how a normal stress response transforms into PTSD and how to treat it earlier.

It is essential to consult a physician if you suffer from PTSD. Symptoms that interfere with everyday life, like difficulty relating to others, or feeling angry or angry, should be addressed promptly. Certain people with PTSD require self-help methods like sharing their experiences in therapy or practicing relaxation techniques, like deep breathing or a rhythmic exercise. They may also benefit from being able to share their anxieties with someone they trust.

Depression

Depression can bring feelings of despair or sadness. It can be treated through psychotherapy, which involves speaking with an expert therapist about the problems that are causing you problems. You may be prescribed medication to improve your mood. There are a variety of types of therapy. Cognitive behavioral therapy assists you to change negative thoughts and behavior and focuses on relationships. There are group therapies which bring people suffering from similar conditions together in a positive environment.

The lawsuit asserts that the VA has discriminated against Black veterans for years, through a disproportionate refusal of disability compensation claims in a higher proportion than white veterans. Conley Monk is a Vietnam War veteran, who has been trying to obtain medical benefits including housing, education and housing benefits for more than 50 years. The lawsuit is being filed by Yale Law School’s Veterans Legal Services Clinic. Monk was represented during his successful fight to reverse his less-than honorable military discharge due to PTSD and other injuries.

The lawsuit asserts 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 making decisions about disability compensation. The lawsuit cites research that found that, between 2001 and 2020, the average rate of denials for Black veterans who applied to receive disability compensation was 29,5%, against 24,2 percent for white veterans.

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