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 disability lawsuit may be the solution. The Department of Veterans Affairs provides benefits to those who have served in the military, including medical treatment and specialty programs.
However, obtaining these benefits is disproportionately difficult for Black
veterans disability lawyers, according to 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
PTSD symptoms can arise when people are traumatized. It can manifest as flashbacks, nightmares, or anxiety that are disturbing. The condition can cause people to avoid certain places or situations that remind them of the traumatic event. This can lead people to feel isolated and depressed. Therapy, medication, and support from family members can help combat PTSD.
A lawsuit that was filed jointly by Black veterans and the Yale law clinic found that the Department of
veterans Disability Lawyer Affairs denied disability compensation claims of Black vets systematically over decades. NPR's Quil Lawrence says that a whistleblower revealed to the vets that VA internal documents showed Black veterans were denied benefits more frequently than white veterans.
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 between 2001 and 2020, the average rate for Black veterans of disability claims was rejected at 29.5% compared to only 24.2 percent of white veterans.
The lawsuit seeks compensatory damages for Monk and other Black veterans who were denied benefits. The lawsuit also seeks to oblige VA to reassess tens of thousands of other claims which were denied in error. The lawsuit was filed in federal court earlier this week.
Traumatic Brain Injury
TBI can be mild, moderate or severe and symptoms may be instantly evident or develop within a few hours or even weeks after the injury. There are physical symptoms (headache dizziness, fatigue, 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 might also have trouble getting around or having balance issues and vision.
The brain's damage from a TBI can be caused through a hit, bump or jolt to the head, whether from a blunt force or a penetrating injury (such as a bullet). The impact could cause the skull to break and cause bleeding and bruising of the brain within the skull. The brain can then expand pushing against the skull, causing a cut in blood flow. The injury can occur in the entire brain or in one particular lobe.
Some TBIs can be classified as closed, and others as open. The classification is based on whether or not the skull was fractured and whether or not the skull was closed or opened by the impact. TBIs can range in severity from a concussion to coma. People with TBI are at increased risk of developing depression, PTSD and other mental health conditions. Research suggests 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, or PTSD, develops after people suffer a trauma. Symptoms can start at the time that the event ends or a few years later. They could include memory problems as well as difficulty with concentration and sleep, a feeling of anger and irritability, and being easily startled or jumpy. Some people may have suicidal or depression-related thoughts. PTSD can cause problems at work, in relationships and at home. It can also lead alcohol or drug addiction.
It is possible to treat symptoms with psychotherapy, including eye movement desensitisation and Reprocessing (EMDR) or cognitive processing therapy. Certain people suffering from PTSD benefit from taking antidepressants such as selective serotonin reuptake inhibitors, or SNRIs. The medications can help manage the symptoms and make it easier to get through daily activities.
Some research examines how to avoid PTSD. This includes examining how genes and the brain could influence the way a person reacts to a trauma. Others are investigating the ways in which a normal stress response develops into PTSD and how to treat it in the early stages.
It is crucial to visit a doctor if you have PTSD. It is essential to deal with issues that affect your everyday life, such as difficulty relating to other people, or feeling annoyed and frustrated. Self-help is a great option for some people with PTSD. They may benefit from sharing their experiences in therapy or engaging in relaxation exercises like deep breathing or a tempo-based exercise. They may also gain from being able to share their fears with a person they trust.
Depression
Depression is a condition that can lead to feelings of despair and sadness. Psychotherapy is one way to treat depression. It involves speaking with a professional about the problems you're experiencing. You may also be prescribed medication to improve your mood. There are several different types of psychotherapy, including cognitive behavioral therapy, which assists to change negative thoughts and behaviors as well as interpersonal therapy, which concentrates on your relationships. There are also group therapies that bring people with the same condition together in a supportive setting.
The lawsuit alleges that the VA discriminated against Black Veterans for a long time, refusing disability claims in an increased rate than white veterans. Conley Monk is a Vietnam War veteran, who has been trying to get medical benefits as well as housing and education benefits for over 50 years. The suit was filed by Yale Law School's Veterans Legal Services Clinic, which represented Monk in his successful bid to rescind his less-than-honorable discharge due to PTSD and other injuries.
The lawsuit says that racial bias in the justice system of the military affected the discharge status of a lot of Black service members, and VA officials should have been aware this prior to making disability compensation decisions. The lawsuit cites research that discovered that between 2001 and 2020, the average rate of denial for Black veterans who applied for disability compensation was 29,5%, as opposed to 24,2% for white
veterans disability law firms.