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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 due to their military service. The Department of Veterans Affairs provides benefits to those who been in the military, including medical treatment and specialty programs.

However, obtaining those benefits isn't easy for Black veterans, according to a new lawsuit filed on Monday. The Yale Law School Veterans Legal Services Clinic filed the suit on behalf of Conley M. Monk Jr.

PTSD

When someone is traumatized it can lead them to develop symptoms of post traumatic stress disorder (PTSD). Symptoms include anxiety, nightmares or troubling flashbacks. The condition may also cause someone to avoid certain locations or situations that trigger the trauma. This can lead to depression and isolation. Counseling, medication and support from family members can help combat PTSD.

A new lawsuit brought by Black veterans and a Yale law clinic has found that the Department of Veterans Affairs has repeatedly denied disability compensation claims to Black veterans for decades. Quil Lawrence of NPR reports that a VA whistleblower revealed to the vets that VA documents showed that Black veterans were denied benefits in a higher proportion than their white counterparts.

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

The lawsuit seeks to recover compensation 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 which were denied in error. The lawsuit was filed this week in federal court.

Traumatic Brain Injury

TBI symptoms can be acute or develop hours, days or even weeks later. Certain symptoms (headache dizziness, fatigue, headache) are physical, whereas others may include emotions, memory, concentration or behavior problems. TBI patients might also experience difficulties moving or with vision and balance.

The brain's damage from a TBI can be caused by a bump, a blow or jolt to the head, regardless of whether it was caused by a sharp force or a penetrating injury (such as a bullet). The impact could cause the skull to fracture, veterans disability causing bruising and bleeding of the brain within the skull. The brain can then expand and push against the skull and cutting off blood flow. The injury could affect the entire brain, or a specific lobe in the brain.

Certain TBIs can be classified as closed, and others as open. The classification is dependent on whether or not the skull was fractured and whether or not the skull was shattered or opened by the impact. TBIs differ in severity, from a concussion up to a coma. People who suffer from TBIs have a higher risk of developing depression and PTSD, as well as other mental health issues. A few studies suggest that having multiple moderate to severe TBIs could increase the chance of developing dementia and movement disorders later in life.

Post Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is a condition that occurs when someone has suffered a trauma. The symptoms can begin when the event ends, or years later. Memory problems, difficulties getting sleep and concentrating, or feelings of anger or irritability as well as being easily shocked are some of the symptoms. Certain people may have suicidal or depression-related thoughts. The condition can cause problems at work, home and in relationships. It can also lead to addiction, such as alcohol or other drugs.

Symptoms can be treated with psychotherapy, including eye movement desensitisation and reprocessing (EMDR) or cognitive processing therapy. Antidepressants such as selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial for people suffering from PTSD. These medications can help reduce symptoms and help people get through daily activities.

Certain studies examine ways to prevent PTSD. This includes studying whether genes and the brain could affect a person's response to a trauma. Researchers are looking into the ways in which a normal response to stress can develop into PTSD, and how to treat it early.

If you suspect PTSD It is vital to consult a doctor. The symptoms that hinder your daily life, such as trouble getting along with people around you or feeling angry and annoyed need to be addressed immediately. Self-help can be beneficial for some people with PTSD. They could benefit from sharing their experiences during therapy or practicing relaxation exercises like deep breathing and a rhythmic exercise. They may also benefit from sharing their fears with a trusted person.

Depression

Depression is a condition that can cause feelings of despair and sadness. Psychotherapy is one method to treat depression. This involves talking to an expert about the issues you are experiencing. You may be prescribed medication to improve your mood. There are several different types of psychotherapy, such as cognitive behavior therapy, which helps you overcome negative behavior and thoughts, and interpersonal therapy, which is focused on your relationship. There are group therapies which bring people suffering from similar conditions together in a supportive environment.

The lawsuit claims that the VA has discriminated against Black veterans for years, by disproportionately rejecting disability compensation claim in a higher proportion than white veterans. Conley Monk is a Vietnam War veteran, who has been trying to obtain medical benefits, housing benefits and education benefits for over 50 years. The lawsuit is being filed by Yale Law School’s Veterans Legal Services Clinic. Monk was represented in his successful attempt to rescind his less than honorable discharge from the military due to PTSD and other injuries.

The lawsuit claims that racial discrimination within the military justice system affected the discharge status of Black service members, and that VA officials should have known this when deciding on disability compensation. It cites a research study that discovered that between 2001 and the year 2020, the average denial rate for Black veterans who applied for disability compensation was 29.5 percent, compared to 24.2 percent for Veterans Disability white veterans.