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Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

A lawsuit involving veterans' disabilities could be a solution for a lot of veterans suffering from disabilities resulting from their military service. The Department of Veterans Affairs provides benefits to those who served in the military, including medical treatment and specialty programs.

However, obtaining these benefits is particularly difficult for Black veterans, according to a lawsuit filed on Monday. 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 nightmares, anxiety, or disturbing flashbacks. The condition can make people to avoid places or situations that trigger memories of their traumatic experience. This can cause individuals to feel isolated and depressed. The good news is that PTSD can be managed with counseling and medication as well as the support of family members.

A new lawsuit filed by Black veterans and a Yale law clinic has found that the Department of Veterans Affairs has been systematically denying disability compensation claims to Black veterans for a long time. NPR's Quil Lawrence reports that a whistleblower told the veterans that VA internal documents showed Black veterans were more often denied benefits than their white counterparts.

The lawsuit was brought by Marine Vietnam veteran Conley Monk and Yale's Veterans Legal Services Clinic. It cites data showing that from 2001 until 2020 the rejection rate for Black disability claims was 29.5 percent, as compared to 24.2 percent for white veterans.

The lawsuit seeks compensation for Monk and Black veterans who were wrongfully denied benefits. It also seeks to force the VA to review the thousands of other claims that were wrongly dismissed. The lawsuit was filed this week in federal court.

Traumatic Brain Injury

TBI can be mild, moderate or serious and symptoms may be immediately apparent or may develop in the hours or even weeks following the injury. Some of the symptoms are physical (headache fatigue, dizziness and headache) while others can be associated with issues with memory focus, emotions, or behavior. TBI patients may also experience difficulty moving or with vision and balance.

The brain's damage caused by a TBI can be caused by a bump, a blow or jolt to the head, or a blow that is a blunt force or penetrating cut (such as from a bullet). The impact can cause the skull to fracture and cause bleeding and bruising of the brain within the skull. The brain may expand and press against the skull, causing blood circulation. The injury can occur in the entire brain, or only a specific lobe.

Some TBIs can be classified as closed, and others as open. The classification is based on whether the skull is fractured or not, and whether the skull was opened or closed by the impact. TBIs are a variety of severity, ranging from a concussion up to a insanity. Patients with TBI are at increased risk of developing depression, PTSD and other mental health conditions. Certain studies suggest that having multiple moderate to severe TBIs could increase the likelihood of developing dementia and other movement problems in later years.

Post Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) occurs when an individual experiences a trauma. Symptoms can start as soon as the event has ended or even years later. They may include memory issues difficulties with concentration and sleep, a feeling of anger and irritability, and being easily scared or jittery. Some people might be depressed or have suicidal thoughts. PTSD can create problems at home, work and even in relationships. It can also cause addiction, which can include alcohol or drug.

Psychotherapy can treat symptoms such as eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants such as selective Serotonin Reuptake Inhibitors (SNRIs) are beneficial for some people with PTSD. The medications help manage symptoms and make everyday activities more enjoyable.

Some research is looking into ways to stop PTSD and examining the possibility that genes or the brain can influence a person's response to a trauma. Researchers are studying how a normal reaction to stress could turn into PTSD and how it can be treated early.

If you suspect PTSD, it is important to consult a doctor. Symptoms that interfere with daily life, such as difficulty relating to others or feeling angry and irritable need to be addressed immediately. Some people with PTSD require self-help methods by sharing their experiences in therapy or practicing relaxation techniques like deep breathing or doing a thumping exercise. They can also benefit from being able to talk about their fears with a person they trust.

Here are some of ways to reduce your risk:

Depression is an illness that can trigger feelings of sadness and hopelessness. Psychotherapy is one way to treat depression. This is when you talk to an expert about the issues you are experiencing. You may be prescribed medication to improve your mood. There are a variety of types of psychotherapy, including cognitive behavioral therapy, which helps to change negative behavior and thoughts and interpersonal therapy which focuses on your relationships. There are group therapies that bring people who have similar issues 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. Conley Monk is a Vietnam War veteran, who has been trying to get medical benefits including housing, education and housing benefits for over 50 years. The lawsuit was filed by Yale Law School's Veterans Legal Services Clinic. Monk was represented in his successful attempt to overturn his less-than-honorable military discharge because of PTSD and other injuries.

The lawsuit asserts that racial bias in the military justice system affected the discharge status of many Black service members, and VA officials should have been aware of this prior to making the decisions on disability compensation. The lawsuit cites a study which found that between 2001 and the year 2020, the average rate of denial for Black veterans disability law firms who applied for disability compensation was 29.5 percent, compared with 24.2 percent for white veterans.