Federal Court Allows First-Ever Class-Action Suit Against VA

A federal court for the first time will allow a class-action lawsuit against the Department of Veterans Affairs to move ahead, a move that legal experts said opens the doors for a host of similar cases against the bureaucracy.

The decision, which could affect thousands of veterans, came late last week in the U.S. Court of Appeals for Veterans Claims. Last August, the same court for the first time ruled that class-action lawsuits would be allowed against VA in “appropriate cases,” but no such claims met court standards until now.

This case — Godsey v. Wilkie — sought relief for veterans facing lengthy waits for the department to certify their disability benefits appeals claims. The case was originally filed in 2017 on behalf of four veterans facing lengthy delays, but lawyers argued it should be broadened to include an entire class of individuals waiting for their benefits. . .

“(The court’s) order certifying a class action for the first time in its 30-year history is a landmark moment, and will help ensure that our veterans and their families have more access to the justice they deserve,” said Bart Stichman, executive director of the National Veterans Legal Services Program, which has helped oversee the case. “It has been a long time coming.”

Legal advocates for years have pushed the courts to overturn a long-held ban on class-action lawsuits against the department, arguing it effectively allows VA officials to push off systemic corrections by addressing only complaints from individual veterans. (Read more from “Federal Court Allows First-Ever Class-Action Suit Against VA” HERE)

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