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Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
A lawsuit involving veterans' disabilities could be the answer for a lot of veterans suffering from disabilities due to their military service. The Department of Veterans Affairs provides benefits to those who have been in the military, such as medical care and special programs.
According to a lawsuit filed on Monday, Black veterans have disproportionately more difficulty obtaining these benefits. The Yale Law School Veterans Legal Services Clinic filed the suit on behalf of Conley M. Monk Jr.
PTSD
When people experience trauma they may be prone to develop symptoms of post traumatic stress disorder (PTSD). The symptoms can include flashbacks, nightmares or anxiety that are disturbing. This condition can cause a person avoid places or situations that bring back memories of their trauma experience. This could lead to isolation and depression. The good news is that PTSD can be treated with counseling and medication as well as the support of loved ones.
A new lawsuit filed jointly by Black veterans and Yale law clinics found that the Department of Veterans Affairs denied disability compensation claims of Black veterans repeatedly over a long period of time. Quil Lawrence of NPR reports that a VA whistleblower revealed to the veterans that VA documents showed that Black veterans were denied benefits in a higher proportion than their white counterparts.
The lawsuit was brought 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 with disability claims was rejected at 29.5 percent, as compared to 24.2% of white veterans.
The lawsuit seeks compensatory damages for Monk and lawyers other Black veterans who were denied access to benefits. The lawsuit also seeks to oblige VA to review tens of thousands of other claims that were incorrectly denied. The lawsuit was filed in federal court earlier this week.
Traumatic Brain Injury
TBI can be mild, moderate or serious and symptoms may be instantly apparent or may develop in the hours or even weeks following the injury. There are physical symptoms (headache fatigue, dizziness and headache) while others include problems with memory and concentration, emotional or behavior. TBI patients may also experience problems with movement or vision and balance.
The brain damage due to a TBI can be caused by a bump, blow or jolt to the head or a blow that is a blunt force or a penetrating wound (such as from a bullet). The impact can cause skull fracture, which can result in bleeding and bruises of the brain inside the skull. The brain then may swell pushing against the skull, causing a cut in blood flow. The injury can occur in the entire brain or one lobe.
Certain TBIs can be classified as closed and others as open. The classification is dependent on whether or not the skull has been fractured and whether or not the skull was closed or opened due to the impact. TBIs can range in severity from a concussion up to a the coma. People suffering from TBI are at increased risk of developing depression, PTSD and other mental health issues. Some research suggests that having multiple moderate to severe TBIs may increase the risk of developing dementia and movement issues in later life.
Post Traumatic Stress Disorder
Post traumatic stress disorder, or PTSD is a condition that occurs after people experience a trauma. Symptoms may appear immediately after the event or even years after. Memory problems, trouble getting sleep and concentrating, or feelings of anger or irritability, and being easily startled are some of the symptoms. People may experience depression or suicidal. PTSD can create problems at home, work, and in relationships. It can also cause addiction, including alcohol or drug.
Psychotherapy can help treat symptoms, like eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants such as selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial for people suffering from PTSD. The medication helps to manage symptoms and make everyday activities more enjoyable.
Certain studies examine ways to avoid PTSD. This includes looking at whether the brain and genes influence the way a person reacts to trauma. Others are investigating the ways in which a normal stress response develops into PTSD and how to treat it earlier.
If you suspect PTSD It is vital to consult a doctor. The symptoms that hinder your daily life, such as difficulty relating to others, or feeling angry or irritable need to be addressed immediately. Self-help can be helpful for people suffering from PTSD. They may benefit from talking about their experiences during therapy or engaging in relaxation exercises like deep breathing and rhythmic exercise. They may also gain from sharing their fears with a trusted individual.
Depression
Depression is a condition that can lead to feelings of sadness and despair. Psychotherapy is one way to manage depression. This involves talking with an expert about the issues you're experiencing. It could also involve medications that can help lift your mood. There are a variety of types of psychotherapy, including cognitive behavioral therapy, which aids you change negative behavior and thoughts and interpersonal therapy which is focused on your relationship. There are group therapies that bring people suffering from similar conditions together in a supportive atmosphere.
The lawsuit alleges that the VA discriminated against Black veterans for decades by declining disability claims in a higher percentage than white veterans. Conley Monk is a Vietnam War veteran, who has been trying to get medical benefits in the form of housing, educational and medical benefits for over 50 years. The suit was filed by Yale Law School's Veterans Legal Services Clinic, which represented Monk in his successful fight to rescind his less-than-honorable discharge due to PTSD and other injuries.
The lawsuit claims that racial discrimination in the military justice system affected the discharge status of Black service members and VA officials should've known this when deciding on disability compensation. The lawsuit cites research that revealed that, between 2001 and the year 2020, the average denial rate of Black veterans who applied for disability compensation was 29,5% as opposed to 24,2% for white veterans disability attorneys.