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NVLSP Wins $2 Billion in Medical Care Benefits for Hundreds of Thousands of Veterans

Court of Appeals for Veterans Claims ruling will stand, NVLSP offers advice for veterans with prior denials for emergency medical care reimbursement

NVLSP has won $2 billion for hundreds of thousands of veterans who received emergency medical care outside the Department of Veterans Affairs (VA) and were wrongfully denied reimbursement by the VA for the emergency medical expenses they incurred. In a congressional hearing on Wednesday, June 14, 2017, VA Secretary David Shulkin announced that the VA would “voluntarily withdraw” its appeal in the legal case, Staab v. Shulkin, that required VA to reimburse these veterans. [more]

Released 6/16/17 | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits

Court Rules That VA Has Shortchanged Veterans Since 2009 by Denying Reimbursement

US Court of Appeals for Veterans Claims Agrees with NVLSP Argument

WASHINGTON – On Friday, a unanimous three-judge panel of the U.S. Court of Appeals for Veterans Claims struck down a Department of Veterans Affairs (VA) regulation that VA had been relying upon since 2009 to deny reimbursement requests from veterans who incurred emergency medical care costs outside the VA healthcare system. The Court’s decision rebuked the VA, emphasizing that VA’s reimbursement regulation became “wholly inconsistent” with the governing statute when Congress amended it in 2009, but thereafter the VA unlawfully “declined to remedy this inconsistency.” [more]

Released 4/11/16 | Tags: Court of Appeals for Veterans Claims

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NVLSP News Articles

MILITARY UPDATE: VA denied stay on paying tsunami of emergency care claims

Released 2/24/17 at Northwest Florida Daily News/Military Update | Tags: Court of Appeals for Veterans Claims

The U.S. Court of Appeals for Veterans Claims has rejected with stunning speed a motion from the Department of Veterans Affairs that it be allowed to stop taking steps toward reimbursing hundreds of thousands of veterans for the non-VA emergency care costs they have paid until higher courts rule on VA's appeal. [more]

Court rules that VA has been shortchanging veterans since 2009

Released 7/17/16 at Pioneer Journal | Tags: Court of Appeals for Veterans Claims, Veteran's Benefits

A unanimous three-judge panel of the U.S. Court of Appeals for Veterans Claims struck down a Department of Veterans Affairs (VA) regulation that VA had been relying upon since 2009 to deny reimbursement requests from veterans who incurred emergency medical care costs outside the VA healthcare system. "This is a major win for veterans, and their families," said Bart Stichman, joint executive director of NVLSP and one of the attorneys in the case. "Often veterans have to seek emergency medical care outside the VA healthcare system, and for years the VA has refused to reimburse these veterans for any of the expenses incurred simply because secondary insurance covered a portion of the medical bill. This practice has violated federal law since at least 2009. The court's ruling means the VA will have to amend the unlawful regulations it should have amended in 2009 and do right by these veterans. It's not just a win for one veteran. Veterans who have pending claims for reimbursement will benefit. Plus, veterans whose reimbursement requests were turned down years ago may now be able to get paid by claiming that the previous denial contained "clear and unmistakable error." [more]

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