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In Response to NVLSP Lawsuit, Pentagon Swiftly Agrees to Promptly Make All DRB and Correction Board

In response to the National Veterans Legal Services Program’s (NVLSP) motion for preliminary injunction, the Pentagon has agreed to promptly make all past decisions of the Discharge Review Boards (DRBs) and Boards for Correction of Military Records (BCMRs) (collectively, the Boards) publicly available. This agreement includes the Secretaries of the military departments, the Acting Secretary of Homeland Security, the Department of Defense and the Secretary of Defense. NVLSP filed its lawsuit and injunction motion with the pro bono assistance of Hunton Andrews Kurth LLP on Jan. 2, 2020. [more]

Released 1/17/20 | Tags:

NVLSP Sues U.S. Military For Removing From Public View All Past DRB & BCMR Decisions

On January 02, 2020, the National Veterans Legal Services Program (NVLSP) filed a complaint in U. S. District Court for the Eastern District of Virginia seeking declaratory and injunctive relief against the Secretaries of the military departments for unlawfully removing from public view all of the past decisions made by defendants’ Discharge Review Boards (DRBs) and Boards for Correction of Military Records (BCMRs) (collectively, the Boards). The other defendants include the Acting Secretary of Homeland Security, the Department of Defense and the Secretary of Defense. [more]

Released 1/3/20 | Tags:

NVLSP Challenges Unlawful Delays at Boards of Correction for Military Records

Delays of More Than 18 months Said to Exceed Deadline Set By Congress

On Dec. 16, 2019, The National Veterans Legal Services Program (NVLSP), together with Mr. Walter Calhoun and Mr. John Doe, filed a class action complaint in U.S. District Court for the District of Columbia accusing the U.S. Departments of the Army, Navy, and Air Force of consistently failing to meet their statutory timeliness requirements to decide claims filed by veterans and servicemembers for correction of their individual military records as mandated by Congress in 10 U.S.C. § 1557. [more]

Released 12/18/19 | Tags:

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

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