The Extraordinary Power of Numbers
The National Veterans Legal Services Program (NVLSP) uses its expertise in veterans law to change the lives of veterans and their families. Through class action lawsuits, NVLSP brings claims on behalf of a group of individuals who have been wrongfully denied the benefits they have earned through their service to our country.
Since its founding, NVLSP has represented thousands of veterans in class actions. Most recently, our class action litigation pertains to:
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.”
The CAVC partially granted the petition in the same order that it certified the class action, concluding that 18-month or longer VA delays to begin that process are “per se unreasonable.” “Such delays are particularly intolerable,” the Court stated, “because they consist of nothing but waiting in line: ... no action whatsoever on the part of VA” while the veterans have continued to wait.
The National Veterans Legal Services Program (NVLSP) represents some of the veterans whose VA appeals have been delayed for a long time in the recently certified Godsey Class Action. In order to help us determine if you are covered by this Class Action, please complete this form.
On October 30, 2018, NVLSP filed a class action lawsuit in the U.S. Court of Appeals for Veterans Claims on behalf of veteran Amanda Wolfe. NVLSP asks the court in this lawsuit to overturn the thousands of VA decisions issued since January 9, 2018 that deny Ms. Wolfe and thousands of other veterans reimbursement of the emergency medical expenses they incurred in 2018 or before in a non-VA facility. All of these cases involve veterans who have insurance that covers some, but not all of the emergency medical expenses, and the VA denies reimbursement for the expenses that are not covered by the veteran’s insurance.
In pursuing this lawsuit, it would help NVLSP to know how the VA has handled other reimbursement claims when the veteran has insurance that covers some, but not all of the emergency medical expenses. To help NVLSP and to get information about whether this lawsuit may affect your claim for reimbursement, click here.
Sabo v. United States
This lawsuit alleged that between December 17, 2002 and October 14, 2008 the military illegally denied benefits to thousands of servicemembers who returned from Iraq and Afghanistan with PTSD and were discharged. These servicemembers were entitled to but denied a minimum 50% disability rating for PTSD. Working closely with Morgan Lewis & Bockius LLP and lawyers from Hewlett-Packard Company, NVLSP reached a settlement agreement that provided retroactive and future disability benefits to more than 2,200 class members. On July 29, 2011, a news conference was held to announce a proposed settlement highly favorable to members of the class. On December 22, 2011, Judge George Miller at the U.S. Court of Federal Claims gave final approval to the settlement for the Sabo v. United States lawsuit.
Nehmer v. U.S. Department of Veterans Affairs (VA)
This landmark case has already resulted in the delivery of over $4.5 billion in VA compensation benefits to veterans and their survivors. The case originated with VA regulations mandating denial of benefits claims by Vietnam veterans who had diseases associated with exposure to Agent Orange. In 1989, a federal court found the regulation unlawful, and class members received retroactive and prospective benefits. NVLSP has continued to represent the class as the VA has recognized additional diseases associated with Agent Orange exposure, including three recognized in August 2010. In 2011, as class counsel, NVLSP began monitoring over 150,000 VA adjudications of claims related to those three new diseases to make sure Vietnam veterans and their survivors received the benefits they deserve. NVLSP has reviewed over 10,000 of those cases which resulted in approximately $16 million in additional retroactive and prospective benefits to these class members. NVLSP’s monitoring efforts are ongoing.