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U.S. Court of Appeals for Veterans Claims Certifies First Class Action In NVLSP Case Challenging Delays In VA Decision-Making

U.S. Court of Appeals for Veterans Claims Certifies First Class Action In NVLSP Case Challenging Delays In VA Decision-Making

Veterans News Report - 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.


“CAVC’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 NVLSP Executive Director Bart Stichman. “It’s been a long time coming. At last, this precedential order opens the door for veterans to receive efficient, consistent and fair adjudications just as Congress intended.”


For more information, click HERE.