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Federal Court Strikes Down VA Regulation Denying Veterans Reimbursement of Emergency Medical Expense

Non-VA Facilities -- Class Action Order Requires VA to Make Billions of Dollars in Reimbursement Payments to Hundreds of Thousands of Veterans --

Yesterday, the U.S. Court of Appeals for Veterans Claims (CAVC) ruled in a case styled Wolfe v. Wilkie, that VA’s 2018 reimbursement regulation violates the Emergency Care Fairness Act of 2010 (ECFA) that requires VA to reimburse veterans for the emergency medical expenses they incur at non-VA facilities that are not covered by the veteran’s private insurance. [more]

Released 9/10/19 | Tags: Class Actions, Court of Appeals for Veterans Claims, Veteran's Benefits

CAVC Certifies First Class Action in NVLSP Case Challenging Delays in VA Decision-Making

On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified its first class action. The case, styled Godsey v. Wilkie, was a petition for extraordinary relief brought by Covington & Burling LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of veterans James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, Pamela Whitfield. It sought relief for all similarly situated VA benefits claimants who have filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and since have suffered extended delays waiting for VA to begin moving their appeals forward in a process called “certification.” [more]

Released 6/14/19 | Tags: Class Actions, Court of Appeals for Veterans Claims, Veteran's Benefits

NVLSP Hails DOJ’s Decision to Not Appeal Procopio

Finally Extending the Presumption of Agent Orange Exposure to Veterans Who Served in the Territorial Waters of Vietnam

The National Veterans Legal Services Program (NVLSP) today hailed the decision by the U.S. Department of Justice to not appeal the Procopio v. Wilkie decision of the U.S. Court of Appeals for the Federal Circuit which extends the VA’s presumption of Agent Orange exposure to all veterans who served in the 12 nautical mile territorial sea of the Republic of Vietnam. [more]

Released 6/5/19 | Tags: Agent Orange, Veteran's Benefits

In Response to NVLSP’s Class Action Lawsuit, VA Admits It Misled Tens of Thousands of Veterans

In response to the National Veterans Legal Services Program (NVLSP) class action lawsuit, Wolfe and Boerschinger v. Wilkie, the U.S. Dept. of Veterans Affairs (VA) admitted that it misled tens of thousands of veterans who had applied for reimbursement of the emergency –care expenses they incurred at non-VA facilities. [more]

Released 4/1/19 | Tags: Class Actions, Court of Appeals for Veterans Claims, Veteran's Benefits

NVLSP Applauds VA Secretary Wilkie’s Recommendation to Not Appeal Procopio Decision

-Decision Requires VA to Presume All Who Served in Territorial Waters Offshore Vietnam Had Agent Orange Exposure -

As the country commemorates Vietnam War Veterans and the 50th anniversary of the Vietnam War, The National Veterans Legal Services Program (NVLSP) applauded the announcement by Secretary of Veterans Affairs (VA) Robert Wilkie to recommend not to appeal the decision by the U.S. Court of Appeals for the Federal Circuit in Procopio v. Wilkie. That decision extends the presumption of Agent Orange exposure to all veterans who served in the territorial waters offshore the Republic of Vietnam. This announcement was made on March 26 in a hearing before the Senate Veterans Affairs Committee. Secretary Wilkie cautioned that other federal officials may not accept his recommendation, but his determination not to appeal will surely have an impact. [more]

Released 3/29/19 | Tags: Agent Orange, Veteran's Benefits

NVLSP Files Challenge To Rule Preventing Payment of Retroactive Benefits to Blue Water Navy Veterans

On March 19, 2019, The National Veterans Legal Services Program (NVLSP), together with Phillip Boyd Haisley, a “Blue Water Navy Veteran,” who served in the territorial waters of the Republic of Vietnam, filed a lawsuit in the U.S. Court of Appeals for the Federal Circuit challenging the legality of a rule recently issued by Secretary of Veterans Affairs Robert Wilkie that significantly limits when past VA benefit denials can be overturned due to “clear and unmistakable error.” [more]

Released 3/25/19 | Tags: Agent Orange, Veteran's Benefits

Court Certifies Class Action in NVLSP Lawsuit on Behalf of 3,600 Veterans Illegally Denied Full CRSC

On February 11, 2019, the U.S. District Court Southern District of Texas granted class certification in a lawsuit filed by the National Veterans Legal Services Program (NVLSP) on behalf of Mr. Simon Soto and approximately 3,600 Army, Navy, Marine Corps, and Air Force vets who were granted Combat Related Special Compensation (CRSC) but denied the full amount of retroactive CRSC because the military illegally imposed a 6-year ceiling on the amount it would pay in retroactive CRSC. [more]

Released 2/25/19 | Tags:

Five Veterans Groups File Amicus Brief with U.S. Supreme Court in Kisor v. Wilkie

-Seeking to Overrule Auer Doctrine for Dept. of Veterans Affairs Regulations-

The National Veterans Legal Services Program (NVLSP), in partnership with the Military Order of the Purple Heart, the National Law School Veterans Clinics Consortium (NLSVCC), Protect Our Defenders (POD), and Service Women’s Action Network (SWAN), yesterday filed an amicus brief with the United States Supreme Court in the case of Kisor v. Wilkie. The brief was filed with the pro bono assistance of Williams & Connolly LLP. [more]

Released 2/1/19 | Tags: Court of Appeals for Veterans Claims, Supreme Court of the United States (SCOTUS), Veteran's Benefits

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