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Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit
A veterans disability lawsuit could be the answer for many veterans who suffer from disabilities resulting from 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.
However, obtaining those benefits isn't easy for Black veterans, as per a new lawsuit filed on Monday. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's Veterans Legal Services Clinic.
PTSD
PTSD symptoms can develop when people are traumatized. The symptoms can include flashbacks, nightmares, or anxiety that are disturbing. The condition may cause people to avoid certain places or situations that bring back memories of the traumatic event. This can lead individuals to feel isolated and depressed. Counseling, medication and support from family members can help combat PTSD.
A new lawsuit jointly filed by Black veterans and the Yale law clinic found that the Department of Veterans Affairs denied disability compensation claims made by Black veterans repeatedly over the course of decades. NPR's Quil Lawrence reports that a whistleblower informed the vets that VA internal documents showed Black veterans were denied benefits more frequently than their white counterparts.
The lawsuit was brought 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 of disability claims was rejected at 29.5 percent, as compared to 24.2% of white veterans.
The lawsuit seeks compensation for Monk and other Black veterans disability law firms who were unfairly denied benefits. The lawsuit also seeks to for the VA to reassess tens of thousands of claims that were denied in error. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI symptoms can be acute or appear for days, hours or even weeks later. Some symptoms (headache dizziness, headache, fatigue) are physical, whereas others may include emotional, memory, concentration or behavioral issues. People suffering from TBI TBI may also experience difficulty getting around or having balance issues and vision.
The damage to the brain due to a TBI can be caused by a bump, blow or jolt to the head regardless of whether it was caused by a sharp force or penetrating wound (such as a bullet). The impact could cause the skull to fracture which can cause bleeding and bruising of the brain inside the skull. The brain may then swell and push against the skull, causing a cut in blood flow. The injury may occur in the entire brain or just a specific lobe.
Certain TBIs can be classified as closed while others as open. The classification depends on whether the skull has been fractured or not, and whether the skull was opened or closed by the impact. TBIs can vary in severity, ranging from concussion to an coma. People who suffer from TBI are at a higher risk of developing depression, PTSD and other mental health issues. Research suggests that having multiple moderate to severe TBIs could increase the likelihood of developing dementia and movement issues in later life.
Post Traumatic Stress Disorder
Post traumatic stress disorder, also known as PTSD is the result of having to undergo a trauma. Symptoms may appear immediately after the event, or may develop years later. Memory problems, difficulties sleep and concentration, feelings of anger or irritability and being easily triggered are a few of the symptoms. Some people may suffer from depression or suicidal ideas. The condition can cause problems at work, home, and even in relationships. It can also cause addiction, such as alcohol or drug.
Psychotherapy can treat symptoms, such as eye movement desensitisation (EMDR) and cognitive processing therapy. Some people with 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 everyday activities.
A few studies are looking at ways to stop PTSD, including looking at whether genes or the brain can affect the way a person reacts to a trauma. Other studies are looking at how a normal stress response transforms into PTSD and how to treat it before it becomes a problem.
It is crucial to visit your doctor if you suffer from PTSD. Symptoms that interfere with everyday life, like difficulties getting along with people around you or feeling angry and annoyed, should be addressed promptly. Certain people with PTSD benefit from self-help by discussing their experiences in therapy or using relaxation techniques like deep breathing or rhythmic exercise. They also benefit by being able to discuss their anxieties with someone they trust.
Depression
Depression can trigger feelings of despair or sadness. It can be treated using psychotherapy, which involves talking with a therapist about the issues that are causing you problems. You could be prescribed medication to help improve your mood. There are many different types of therapy. Cognitive behavioral therapy aids you to change negative thoughts and behavior while interpersonal therapy is focused on relationships. There are also group therapies that bring patients with the same issue together in a safe and supportive setting.
The lawsuit alleges that the VA discriminated against Black veterans for decades by refusing disability claims in greater percentages than white veterans. Conley Monk is a Vietnam War veteran, who has been fighting for medical benefits, housing benefits and education benefits for more than 50 years. The suit was filed by Yale Law School's Veterans Legal Services Clinic, which represented Monk in his successful attempt to overturn his less-than-honorable military discharge due to 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 when they made disability compensation decisions. It cites a study that discovered that between 2001 and 2020, the average denial rate for Black veterans who applied for disability compensation was 29.5 percent, as compared to 24.2 percent for white veterans.