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veterans disability attorneys Disability Lawsuit - How to File a veterans disability case (go here) Disability Lawsuit
For many veterans who suffer from disabilities due to their military service, a disability lawsuit might be the answer. The Department of Veterans Affairs provides benefits to those who have served in the military, such as medical care and specialty programs.
However, getting those benefits is disproportionately difficult 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
When someone is traumatized it can lead them to develop symptoms of post traumatic stress disorder (PTSD). The symptoms include anxiety, nightmares, or frightening flashbacks. This condition can make an individual to avoid certain areas or situations that bring back memories of their trauma experience. This can cause people to feel isolated and depressed. Counseling, medication and the support from family members can help to treat PTSD.
A lawsuit that was filed jointly by Black veterans disability claim and the Yale law clinics has revealed that the Department of Veterans Affairs denied disability compensation claims made by Black veterans repeatedly over a long period of time. NPR's Quil Lawrence reports that a whistleblower informed the veterans disability legal that VA internal documents showed 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. The lawsuit cites data that shows that from 2001 until 2020, the rate of rejection for Black disability claims was 29.5 percent, as compared to 24.2% for white veterans disability legal.
The lawsuit seeks compensatory damage for Monk and Black veterans who were denied benefits unfairly. It also seeks to force the VA to review the thousands of other claims that were dismissed in error. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI can be mild, moderate or even severe and symptoms may be immediately visible or they may appear in the hours or even weeks following the injury. Certain symptoms are physical (headache fatigue, dizziness and headache) and others are related to problems with memory and concentration, as well as emotional behavior. TBI patients may also have trouble moving or having problems with vision and balance.
The brain injury caused by a TBI can be caused through a hit, bump or jolt on the head, regardless of whether it was caused by a sharp force or penetrating cut (such as a bullet). The impact can cause the skull to break, causing bruising and bleeding of the brain inside the skull. The brain can expand and press against the skull, cutting off blood circulation. The injury could occur throughout the entire brain or in the lobe in which it is located.
Certain TBIs are classified as open while others are closed. The classification is based on whether the skull has been fractured or not and whether the skull was opened or closed by the impact. TBIs differ in severity, ranging from a concussion up to a fatal coma. People suffering from TBI are more at risk of developing depression, PTSD and other mental health issues. Some research suggests that having a number of moderate to severe TBIs could increase the risk of developing dementia and other movement disorders later in life.
Post Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a condition that occurs when an individual experiences a trauma. The symptoms may manifest right after the event or even years after. Memory problems, difficulty in sleeping and concentrating, feelings of anger or irritability as well as being easily shocked are some of the symptoms. Some people may feel depressed or suicidal. PTSD can cause problems at work, home and even in relationships. It can also cause addiction, which can include the use of alcohol or drugs.
Psychotherapy can help treat symptoms, such as eye movement desensitisation (EMDR) and cognitive processing therapy. Antidepressants like selective Serotonin Reuptake Inhibitors (SNRIs) can be beneficial for some people with PTSD. Medications help to control symptoms and make everyday activities easier.
Some research is investigating ways to stop PTSD as well as examining whether the brain or genes may affect a person's reaction to a trauma. Researchers are looking into how a normal reaction to stress can turn into PTSD and how to treat it early.
It is vital to see a doctor if you have PTSD. Any symptoms that impact your daily life, such as trouble getting along with people around you or feeling angry and upset, should be addressed promptly. Certain people suffering from PTSD can benefit from self-help techniques, such as sharing their experiences in therapy or practicing relaxation techniques such as deep breathing or exercise. They may also benefit from being able to share their fears with a trusted person.
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Depression can trigger feelings of despair or sadness. It can be treated with psychotherapy. It involves speaking with a therapist about the issues that are causing your problems. It may also involve medication, which can lift your mood. There are a variety of types of therapy. Cognitive behavioral therapy can help you to modify negative thoughts and behavior and Veterans Disability Case focuses on relationships. There are also group therapies that bring patients with the same problem together in a safe and supportive setting.
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. It was filed on behalf of Conley Monk who was an Vietnam War veteran who tried to obtain medical benefits including housing assistance, education and benefits for over 50 years. The lawsuit was filed by Yale Law School’s Veterans Legal Services Clinic. Monk was represented during his successful fight 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 affected the discharge status of Black service members, and that VA officials should have been aware of this when deciding on disability compensation. It cites a study that discovered 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.
