Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

For many veterans suffering disabilities caused by their military service, a veterans disability lawsuit may be the solution. The Department of Veterans Affairs provides benefits to those who have served in the military, including medical care and specialty programs.

However, getting those benefits is disproportionately difficult for Black veterans, as per a new lawsuit filed Monday. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's veterans disability attorneys Legal Services Clinic.

PTSD

If people suffer from trauma, it can cause them to develop symptoms of post-traumatic stress disorder (PTSD). The symptoms can include anxiety, nightmares or flashbacks that are disturbing. The condition can cause people to avoid certain locations or situations that bring back memories of the trauma. This can cause people to feel isolated and depressed. Therapy, medication, and support from family members can help combat PTSD.

A new lawsuit brought jointly by Black veterans and Yale law clinics found that the Department of Veterans Affairs denied disability compensation claims of Black veterans consistently over the course of decades. NPR's Quil Lawrence reports that a whistleblower informed the vets that VA internal documents revealed that Black veterans were denied benefits more often than white veterans.

The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Legal Services Clinic. It cites data showing that between 2001 and 2020 the rate of rejection for Black disability claims was 29.5 percent, compared to 24.2% for white Veterans Disability Law Firms.

The lawsuit seeks compensatory damages for Monk and other Black veterans who were unfairly denied benefits. It also demands the VA to reconsider hundreds of other claims that were incorrectly dismissed. The lawsuit was filed in federal court this week.

Traumatic Brain Injury

TBI can be mild, moderate or severe and symptoms may be instantly apparent or they may develop hours or even weeks after 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 trouble moving or having problems with balance and vision.

The brain injury caused by a TBI can be caused by a blow, bump or jolt on the head, whether from a blunt force or penetrating wound (such as from a bullet). The impact could cause skull fracture, which could result in bleeding and bruises of the brain inside the skull. The brain can expand and push against the skull, cutting off blood circulation. The injury can affect the entire brain, or a particular lobe of the brain.

Some TBIs can be classified as closed and others as open. The classification is determined by the extent to which the skull has been broken and whether the skull was opened or shut by the impact. TBIs can vary in severity ranging from a concussion up to a being in a coma. Patients with TBIs are at an increased chance of developing depression and PTSD, as well as other mental health conditions. Certain studies suggest that having multiple moderate to severe TBIs could increase the chance of developing dementia and other movement disorders later in life.

Post Traumatic Stress Disorder

Post traumatic stress disorder, or PTSD, develops after people suffer a trauma. Symptoms may appear immediately after the incident or a few years later. They may include memory issues trouble sleeping and concentrating, feelings of anger and irritability, and being easily frightened or jumpy. Some people may experience depression or suicidal. The PTSD condition can cause issues at work, in relationships, and at home. It can also trigger alcohol or drug dependence.

Psychotherapy can treat symptoms, such as eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants, such as selective Serotonin Reuptake Inhibitors (SNRIs) are beneficial to some sufferers of PTSD. Medications can help control the symptoms and aid in getting through everyday activities.

Some research examines how to avoid PTSD. This involves examining whether the brain and genes influence a person's reaction to a trauma. Some researchers are investigating 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 important to speak with a doctor. It is essential to address issues that affect your everyday life, such as difficulty in getting along with others, or being anger and frustrated. Self-help may be helpful for those suffering from PTSD. They may benefit from sharing their experiences during therapy, or engaging in relaxation exercises like deep breathing and rhythmic exercises. They also benefit by being able to discuss their fears with someone they trust.

The following are some of the ways to decrease your risk:

Depression can bring feelings of sadness or hopelessness. It can be treated with psychotherapy. It involves speaking with a therapist about the issues that are causing you problems. It may also include medications that can help improve your mood. There are several different types of psychotherapy, such as cognitive behavioral therapy, which assists you overcome negative thoughts and behaviors, and interpersonal therapy, which focuses on your relationships. There are also group therapies that bring people with the same issue together in a supportive setting.

The lawsuit claims that the VA discriminated against Black Veterans for a long time by refusing disability claims at more than white veterans. Conley Monk is a Vietnam War veteran, who has been fighting for medical benefits as well as housing and education benefits for more than 50 years. The lawsuit was filed by Yale Law School’s Veterans Legal Services Clinic. Monk was represented in his successful bid to rescind his less than honorable discharge from the military because of PTSD and other injuries.

The lawsuit asserts that racial discrimination in the military justice system impacted the discharge status of Black service members, and that VA officials should have known this when making decisions about disability compensation. It cites a research study that found that between 2001 and 2020, the average rate of denial for Black veterans who applied for disability compensation was 29.5 percent, as compared to 24.2 percent for white veterans.