Veterans Disability Lawsuit - How to File a Veterans Disability Lawsuit

For many veterans suffering disabilities caused by their military service, a veterans disability lawsuit might be the answer. 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 is a lot more difficult for Black veterans, as per 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

If someone experiences trauma they may be prone to develop symptoms of post-traumatic stress disorder (PTSD). It can manifest as anxiety, nightmares or flashbacks that are disturbing. This disorder can make a person avoid places or situations which are reminiscent of their painful experience. This can cause isolation and depression. The good news is that PTSD can be managed with counseling, medication, and support from loved ones.

A new lawsuit filed jointly by Black veterans and Yale law clinics has revealed 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 notified the veterans that VA documents revealed 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 cites data that shows that from 2001 to the rejection rate for Black disability claims was 29.5 percent, compared to 24.2% for white veterans.

The lawsuit seeks damages for compensation for Monk and other Black veterans who were denied benefits. It also seeks to force 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 even severe and symptoms may become apparent or they may develop days or weeks after the injury. Some symptoms are physical (headache, fatigue and dizziness) while others may be related to issues with memory, concentration, emotions or behavior. TBI patients might also experience difficulty moving or with balance and vision.

The brain damage due to a TBI can be caused through a hit, bump or jolt to the head, whether it's from a force that is blunt or penetrating wound (such as from a bullet). The impact can cause the skull to fracture and cause bleeding and bruising of the brain inside the skull. The brain can expand and push against the skull, cutting off blood circulation. The injury could occur throughout the entire brain, or only a specific lobe.

Certain TBIs can be classified as closed while others as open. The classification is based on whether the skull is fractured or not and on whether the skull was closed or opened by the impact. TBIs differ in severity, from concussions up to coma. People who suffer from TBIs are at a higher chance of developing depression or PTSD as well as other mental health issues. Research suggests that having multiple moderate to severe TBIs could increase the likelihood of developing dementia and other movement disorders in later life.

Post Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) occurs when someone has suffered a trauma. It can be apparent immediately following the event or even years after. Memory issues, trouble in sleeping and concentrating, feelings of anger or irritability and being easily scared are a few of the signs. Certain people may be depressed or have suicidal thoughts. PTSD can cause issues at work, in relationships and lawsuit at home. It can also trigger alcohol or drug addiction.

Psychotherapy can treat symptoms, like eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants like selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial to some sufferers of PTSD. Medications can help control the symptoms and help people get through everyday tasks.

Some research examines how to prevent PTSD. This includes looking at whether the brain and genes affect a person's response to trauma. Others are investigating how a normal stress response changes into PTSD and how to treat it before it becomes a problem.

It is essential to consult an expert if you suffer from PTSD. Any symptoms that impact your everyday life, like trouble getting along with others, or feeling angry or upset must be addressed quickly. Certain people suffering from PTSD benefit from self-help which includes sharing their experiences in therapy or using methods of relaxation, such as deep breathing or exercise. They may also benefit from being able to share their fears with a person they trust.

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Depression can trigger feelings of despair or sadness. Psychotherapy is one way to manage depression. This is when you talk to a professional about the problems you are experiencing. It may also include medication, which can boost your mood. There are many different kinds of psychotherapy, such as cognitive behavioral therapy, which aids you overcome negative thoughts and behaviors and interpersonal therapy, which is focused on your relationship. There are also group therapies that bring people suffering from the same problem together in a supportive setting.

The lawsuit asserts that the VA has discriminated against Black veterans for decades, by disproportionately rejecting disability compensation claims at a higher percentage 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 handled 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 because of PTSD and other injuries.

The lawsuit claims that racial discrimination within the military justice system impacted the discharge status of Black service members and VA officials should have been aware of this when deciding on 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% for white veterans.