20 Dec 2022

Lawsuit Alleges Systemic Discrimination at VA

VA appeals Attorney, VA Benefits, VA Disability Compensation, VA Law, Veterans Disability Attorney, Veterans Disability Lawyer
Lawsuit Alleges Systemic Discrimination at VA A lawsuit filed in November 2022 alleges systemic discrimination at VA. The lawsuit was filed on behalf of Conley Monk, Jr., a 74-year-old former Marine. Monk Jr. claims the Veterans Administration systematically discriminated against Black veterans in disability compensation claims. The suit is based partly on a statistical analysis of VA records from 2001 to 2020. A university statistician who performed this analysis concluded that VA notably granted disability compensation to Black veterans at an average rate of 30.3% and White veterans at an average rate of 37.1%. According to the lawsuit, the VA…
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13 Dec 2022

What Disabilities Qualify for VA Benefits

VA Benefits, VA Disability Attorney, VA Disability Compensation, VA Law, Veterans Disability Lawyer
What Disabilities Qualify for VA Benefits? Learning about disabilities and what disabilities qualify for VA benefits. According to the Centers for Disease Control, about 25% of Americans are at least partially disabled under specific criteria. A significant number of these disabilities apply to veterans and are related to their time in service. If that is the case, substantial VA Benefits may be available. The financial benefits do not change the fact that the veteran has been disabled. But these benefits make it much easier for these veterans and their families to live their lives. The VA recently overhauled the disability…
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18 Oct 2022

VA Changes PACT Act Process

Burn Pits, Presumptive Disease, VA appeals Attorney, VA Benefits, VA Disability Compensation, VA Law, Veterans Disability, Veterans Disability Attorney, Veterans Disability Lawyer, Veterans' Appeals
VA Changes PACT Act Process Before the VA changed the PACT Act process, the Promise to Address Comprehensive Toxics Act required veterans who wanted to file claims for compensation for a presumptive illness to wait a couple of years for the legislation to go into effect. Burn pit and other victims would have to wait up to a year before they applied for benefits. Now, the VA has sped up the law's implementation so veterans may file these claims immediately. As of October 1, post-9/11 veterans have one year to enroll in VA health care if they meet one of…
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13 Sep 2022

The Link Between Combat and Infertility

VA Benefits, VA Disability Attorney, VA Disability Claims, VA Law
The Link Between Combat and Infertility One of the nation’s largest fertility clinics is partnering with the Veterans Administration to conduct a study about combat and infertility among veterans. Researchers plan to test sperm collected from 1,000 veterans of the Global War on Terror to look for commonalities in fertility issues among the population. They believe burn pit exposure during service, traumatic brain injury side effects, and ongoing post-traumatic stress disorder (PTSD) contribute to high infertility rates among combat veterans. Researchers hope to use the findings to expand the fertility services offered by VA in the coming years. The study…
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31 May 2022

Bill to Expand VA Burn Pit Coverage Reaches Senate

Burn Pit Legislation, VA Law, Veterans Disability, Veterans Disability Attorney, Veterans Disability Lawyer, Veterans Pension Benefit, Veterans' Appeals
Bill to Expand VA Burn Pit Coverage Veterans are now waiting on the United States Senate to pass the Honoring our Promise to Address Comprehensive Toxics Act of 2021. This is the bill to expand VA burn pit coverage, better known as the PACT Act, which was passed by the House of Representatives. Pat Murray, the legislative director for the Veterans of Foreign Wars, urged Senators to expand burn pit exposure coverage for veterans who served in Southwest Asia. After all, he pointed out, burn pits are illegal in the United States because it is common knowledge that breathing in…
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22 Feb 2022

Veteran Suicide

VA appeals Attorney, VA Benefits, VA Disability Compensation, VA Law, veteran suicide, Veterans Disability Attorney, Veterans Disability Lawyer
How Does the VA Compensate for Veteran Suicide? Veteran suicide is a huge problem. Around 7,500 soldiers have sustained fatal combat injuries during the Global War on Terror, which began on 9/11.  However, four times as many Veterans, over 30,000, have taken their own lives during this period. Moreover, adding to the tragic nature of these deaths, veterans who die in this manner may have been financial providers for their families. As a result, the sudden loss of life impacts survivors’ emotional, mental, and financial well-being. It must be shown that the veteran was mentally unsound at the time of…
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02 Mar 2021

CAVC Class Actions

CAVC, VA Law, Veterans' Appeals
Five Rules For Filing Successful CAVC Class Actions If you are a lone David taking on the VA Goliath in a way that affects a lot of other veterans, your case might work better as CAVC class actions. The VA recently changed the class action rules, so it is important to know your rights. A class action is when a large collection of plaintiffs could sue, and one files the suit on behalf of everyone. From the court's point of view, it saves time and effort on hearing the same case over and over. For you and the other plaintiffs,…
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18 May 2020

Clear and Unmistakable Error

VA Law
What is a Clear and Unmistakable Error (“CUE”) in VA Law? A Clear and Unmistakable Error (CUE) is a special and rare type of error. It involves a situation where the correct facts, as known at time, were not before the VA. Or the application of the law and regulations in effect at the time of the VA's decision was incorrect. Absent a showing of CUE, the court may not reverse or revise a decision that has become final. A request for revision of a decision based on CUE is an exception to the rule of finality. Veterans can file…
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