Northville, MI (Law Firm Newswire) July 18, 2019 – A United States Court of Appeals recently issued a decision that affects thousands of veteran’s disability claims appeals waiting for certification. This is the first time ever that the Court has allowed a class action lawsuit against the VA.
When a veteran appeals a VA decision, they must fill out the Appeal to the Board of Veterans Appeals form, also known as a VA Form 9, as a first step. The VA then certifies that the form is completed and includes all required documentation, then the appeal moves on to the Board of Veterans Appeals.
“These forms, and the appeals cases that they each represent, are sitting stagnant for far too long,” said James G. Fausone, lead attorney at Legal Help for Veterans and a veteran himself. “This is a very frustrating process for the people who are waiting for help from the VA.” One plaintiff in the case has waited for more than six years for certification. There are at least 2,700 forms that have been untouched for more than two years.
The VA must now identify which forms have been awaiting certification for at least 18 months by August 12 and have them certified by October 11.
The decision will extend beyond the four plaintiffs in the case and cover all veterans who have been waiting more than 18 months for certification. The class action ruling is the first of its kind, but it will likely not be the last. It could potentially make way for many others against the VA in the future.
In a class action lawsuit, the courts can address issues which have caused widespread harm to more than just a few specific people. In doing such, these cases often effect systematic changes to prevent harm in the future as well. The ban on class action lawsuits that allow direct payouts to veterans has been highly criticized over its thirty-year existence.
Waiting for certification of a VA appeal? For more information regarding this process, contact James G. Fausone at https://www.legalhelpforveterans.com/
Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800
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