The US Court of Appeals for Veterans Claims will allow its first class-action lawsuit against the Department of Veterans Affairs to move forward.

The case, Gosey v. Wilkie, is aimed at shortening the appeals processing delay between regional offices and the Board of Veterans Appeals. For years, Regional Offices were able to artificially lower the appeals backlog by shelving appeals in the certification process before they were docketed at the Board of Veterans Appeals.

The Court ruled to allow veterans with greater than 18-month delays to be included in the class saying such delays “deprive (veterans) of their constitutional right to due process.”

“We are not content to wait for the (VA) Secretary to remedy these unreasonable delays on his own,” the judges wrote. “The Secretary has had many years to act and initiate pre-certification review of class members’ cases, and he has failed to do so … Simply put: the time has come for judicial intervention.”

In 2017, it took VA, on average, 773 days to simply certify a Substantive Appeal to the Board and an additional 321 days after the certification to transfer the record. So, in a post-paper record era, it still took almost 1 year to transfer the record to the Board.

“(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.”

The class of veterans is represented by NVLSP and Covington & Burling LLP.

For decades, veterans have clamored for the right to join each other in a class-action when pursuing due process when fighting for benefits, but courts have long blocked the right to these kinds of litigations.

If I had a nickel for every time a veteran asked me about forming a class-action to sue VA I’d no longer need to work. Not ever. (Hint: It comes up a lot.)

The brass tacks of class-action lawsuits are as follows.

The vast majority of lawyers will never get involved in class-action lawsuits because the form of litigation is highly specialized. And, such a lawsuit requires incredible amounts of manpower and financing.

Suffice to say few solo attorneys like myself would ever get involved in a class-action lawsuit.

That aside, this is great news for veterans and should help thousands of veterans get justice without each being required to litigate the same facts over, and over.

The ruling now requires VA to act. The agency is required to conduct a precertification review of all class members within 120 days. By the end of the summer, the agency should provide an update to the court.

Rest assured the next three months will be very interesting within the agency. I would guess the agency may try to moot out as many class members’ claims as possible perhaps by granting the benefits sought or performing some other mental acrobatics.

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61 Comments

  1. I can see VA’s claims adjudicators putting the “seal of approved” on a shitload of files in the next few months. Then again, they just might “deny”, hoping the veteran dies, before the vet can appeal – AGAIN!

    I guess it takes putting a fire under their asses to get them to do their jobs. I have sneaky suspicion, even though this is great news, nothing will change at the VA!
    I know I just contradicted myself. But hey, it’s the VA we’re discussing here! That, in itself, is a contradiction!

    • Well said Elf, they “mooted” out of my case when instead of filing an appeal with the Board of Veterans Appeals, I demanded a hearing on the record within 30 days where I would put on my records and experts and cross examine their witnesses who had earlier committed felony perjury.
      One week after the denial, they sent me a letter approving my claim.
      We need thousands of lawyers to perform similarly to hit them right between the eyes the very second they try to pull their usual fast one. Each lawyer can handle ONE CASE.

    • That’s No Lie its sad howAmerica treats The very people who fight For Love of God And Country. WHILE THE Washington Elite sit inthe Soft Parts of Their Asses and Pass Judgement on Our Sons And daughters who sacrifice their lives their families Their Dreams Only to be Treated like An Outcast of our society But there’s An Old Saying, God Dont like Ugly!! Trust Me! And China Owns 90 percent of America’s National Debt and They Claim they’re Serving their Country!! Bullshittt!! They serving their own selfish Bullshitttt

  2. Without going to a civil court, as compared to US Court of Appeals for Veterans Claims, they’ll just blow it off. They did the same thing over and over and over again to Senate and House Oversight Committees. they just show up with no performance as they were previously directed to do, and without any penalties, they know they can get away with it. (Just ask Gov Walz. He use to head one of those committees when in the House.

    • I had to run right over the BLOWHARD, retired Army Colonel who told me I didn’t have the right to look at the cases at the Court of Veterans Appeals.
      I had to run over the boobecrats who also told me I could not look at the cases at the Board of Veterans Appeals.
      They now have an armed guard who prevents any veteran from obtaining entrance to the main VA building on Vermont Ave., in D.C. (where I had obtained entrance years earlier).
      The VA BOOBS must be stopped in their tracks IMMEDIATELY at every turn.
      I am a lawyer and will not allow them to screw with me or my vet friends but like, Ben, we are limited in our ability to FIGHT. We must organize every lawyer in this country so that every lawyer will take one case and we hit them with injunctions every time they even think about screwing with us.

      • In 83′ I was released a few months early from my service ice in Germany. I had just been released from the Army hospital in Frankfort for nervous breakdown do to my PTSD from Viet Nam in 71′. Deemed unfit for duty.
        22 years later I received a letter from the V. A. stating they “had made a clear, and unmistakable error in my discharge awarding me 50%.
        I never did receive back pay. Can I still collect back pay?

      • Bluecatfish,
        In 2017 I received an award for back pay letter back to 2009. After not receiving the check, I went in to the VA Regional Office and had the clerk look up what the problem with the check was. Another “Lemuel” who had been denied a week or so earlier had had his denial letter entered in my file. So with the copy of the award letter, I was able to get my back pay and my future pay started. May be a clerical error like that on your part. Someone not checking the file number and entering your award in someone elses file or a denial of someone else in your file so your award was assumed to be already entered by the clerk that received the document to enter.

  3. *”https://www.oversight.gov/reports”*
    Veteran’s Affairs made the list in June. I am not done looking at it yet.

  4. My nickle while out here.

    I think some of us out here are fully aware of your limitations and abilities, Ben.

    Two. In Indiana. What the hell is “due process?” Can’t even get Constitutional, civil, or basic rights to the Dis Act of 70 or HIPPA laws enforced. So all that litigation or “justice” depends on location, location, and depth of corruption. Passing laws in DC doesn’t exactly mean they will be followed in the local areas or arenas. Got proof of that crap too. But hopefully it will work for those involved and the younger generations to come. Not holding my breath though. There is no “over-sight” or dependable investigators to be found in my locale, just BS and cover-ups or being totally ignored. That includes all their agencies, media, poly-tick-tians, med boards, AMA, etc.

    Countless people, vets, have died playing red tape games over the years or died trying to get SSD or proper vet care. I never forget, or take lightly, the underlying issues of the many suicides (to draw attention to some wrongs and corruption) or the suffer happening as censoring cracks down on us or stats are fudged. To some communities doing all they can to silence us and prevent us from grouping up or networking with others being attacked or harmed to toyed with. Yeah, it will be interesting to see.

    • “T”,
      I’ve been saying that for a few years now. No matter how many great laws are passed – unless they’re followed – what good has come of it; “absolutely NOTHING!”

    • T,
      Can’t agree with you more and with the opinions of our fellow vets as expressed now and over the times;
      I have advocated a system of warrior lawyers who can IMMEDIATELY FILE RESTRAINING ORDERS AND OTHER LEGAL TOOLS WHICH IF PERFORMED AT THE EXACT TIME OF THE OFFENSE WILL REDUCE THE OFFENSES FROM THE BOOBECRATS. We need to organize ALL OF THE LAWYERS IN THIS COUNTRY TO VOLUNTEER AT LEAST FOR ONE CASE TO HIT THESE VICIOUS BUREAUCRATS RIGHT BETWEEN THE EYES EACH AND EVERYTIME THEY EVEN THINK OF NOT DOING EVERYTHING TO HELP, THAT IS, TO HELP EACH AND EVERY VETERAN OBTAIN THE HELP HE/SHE NEEDS.
      Ben has been a special help to veterans in so many ways,but Ben needs and is calling for supporting Air power and artillery support, as well as infantry overwhelming shock effect to OVERWHELM the enemy, which in this case, SADLY, is THE DEPARTMENT OF VETERANS AFFAIRS.
      One arrow will not kill the beast, it will take MANY SIMULTANEOUS ARROWS TO THE VITAL ORGANS OF THIS BEAST

      • It’s about time that our veterans stick together.and we can make a deference.i would like to say (United we stand devided we fall.) Just something to think about.the mission act, is in our camp.choice, tri-west health net, all private medical.serving.our veterans for the last (6) years totaling over 9 billion dollars. Got caught though an random audit. (Office of inspector general) no one that I now is looking in to holding them accountable. We need our veterans to look in to that.we need all our veteran attys, to look into that . Va is out of control. We the people – veterans need to hold them accountable. Peace be with you ✌ my brothers. (Audit )2016-2017. totaling 100. Million dollars and counting.p.s. something needs to be done.

      • FPG, That is why I keep harping about someone needing to get a forum up where multiple issues can be openly discussed, with free speech. With private messaging, for some networking, etc. Apart from social crap, FB, and the rest of them. Military dot com had a good one until the lefties and VA cheerleaders took over when the old guard started dying off and censoring began. As usual the new tyrants took over and I can’t even get their news letter any longer, among many others.

        Back in the new days of chat like Yahoo, Geocities, Hey Martha, etc., there were countless complaints about the VA, vets being stalked and driven mad by cops flirting over a trophy wife, or just for not liking them or their politics. Surgeries on the wrong limbs, corruption, etc. Circa early 1990s. Now censoring and fear tactics have taken over.

        Sadly you will hit bricks walls, secret societies, clubbers, cliques, mafias, billionaires, medical associations, protective exclusive professional groups, Greek societies, those in academics, and much more when dealing with my locale and Indiana. This facade of a state is nothing but corrupt and the above plus the very far left college towns control the works. Censoring is vast and deep, well protected and supported. Fear rampant like Hep A and the corruption is. Zero real media or journalist. College kiddies and special interest groups, NAACP, BLM, Cath church, open border groups, Antifa, MoveOn, Women’s Marchers, XYZLGBQT123 groups, with the vagina caps, et al, all of them rule the roost also. The real bullies and corrupt claiming to be the victims and slaves of today. Bold enough for the kiddy picks as spokes-Marx-Fems-folks to get on tv and announce no conservatives or those they dislike will come to town or their colleges to speak or hold any events. While all here bow to the phony left and neocons including the VSOs and two-faced lying political parties and leaders. No-one can be trusted here and all can be bought off or threatened away easy enough. And I don’t care how much money some vet claims to have spent getting support for their two-faced causes just to get info on others, or to then show themselves to join with them and their groups of leftist activist or go away, more group-think usual Indy petty fascist.

        No attorney I’ve contacted wants involved like with all others. Nope, “not here to clean up other lawyer’s messes.” “Sorry but we have to show professional courtesies.” “We don’t get involved in local politics.” “Not our specialty you need to find Constitutional law firms.” “You need to deal with VA administration.” Like auto breaking down in front of one lawyers country home after a VA surgery driving around due to interstate blockages and severely bleeding needing a tow truck. Lawyer drives up to his fancy iron gates to get to his house, guy with me asks him for help and to call a wrecker for us. His reply like some I get for whatever… “I don’t do that stuff.” Pushed his button, gate opens, he drives on. Duh huh??? Won’t help a person on crutches, in ninety degree heat, busted stitching, and simply will not call a wrecker service for somebody. Same thing from his fancy neighbors? Murphy’s Law or worse? Finally after an hour a passer by finally called in a wrecker and gave me a bottled water. That is Indiana for some. Hoosier hospitality like ethics, common decency is on tv only. Or to the famous… “you can’t afford me.” Or, “We’d need a hefty retainer and no guarantees.”

        I could write a book about corruption here. During meetings, after meetings, parking lots, in judges chambers, courts, etc. And not a one to be found to write a simple letter to a local major hospital asking why they refuse to give me a copy of my medical files from them or why the harassments and threats from the medical community to the mighty “progressive” Chambers of Commerce and more. Or why the covering up for VA malpractice, misconduct, retaliation games. Oh yeah, what fun being in a lefty ruled state and town akin to the USSR. I am surprised SWAT hasn’t shown up yet putting a hundred rounds in my or my home.

  5. I have been wondering for years about any veterans limitations when it comes to the VA. The VA can play the delay game for ever and a vet in pain or terminal medical problem has no recourse in the matter.

  6. I want to thank the Attorneys or Firm who is taking on this lawsuit, cause a lot of attorneys punk out and won’t even take on a case of this kind period…

  7. So this suit is just for Veterans Board of Appeals? Not for those of us who have waited years, 33 months on DRO Appeals?

  8. I just received my rating; but not until Sen Gary Peters assisted.I have been bugging my Representatives to write some Federal Code forcing/establishing a timeline on the VA for issuing ratings for completed claims; similar to that for the Social Security Administration. Currently, we Veterans are bound with timelines for filing, appealing, etc. but the VA has no rules for adjudication or issuing ratings in a timely fashion. Hopefully, this class action will light a fire under their asses. Semper Fi.

  9. I tried to post. Pop ups kept me from posting. I just hope someone can advised veterans who and how can or is willing to help veterans find a class action lawsuit against the department of veterans affairs.

    • Marina…
      “National Veterans Legal Services Program, which has helped oversee the case.”

      “https://www.nvlsp.org/”

      Not getting updates…. age of information (sic) strikes again.

  10. Ive been trying for twelve years to get the va to up grade me to service connected for the messed up surgery they did me at the v a hospitle in houston texas is there any waybyou can help my no is 8302854098 i have not been able to walk any length since my surgery on august 24th 2007

    • CRUEL and UNUSUAL PUNISHMENT is a constitutional violation and that is what they are doing to you.
      You can take them directly to Federal COURT with your evidence and file a federal LAWSUIT pro se. If the judge accepts your case you can MOTION for counsel. You can file your actions as a poor person and avoid paying any COURT FEES.
      If other Veterans have the same issues you can use RULE 23 of the Federal Rules of CIVIL PROCEDURES and change your case into a CLASS ACTION FEDERAL LAWSUIT.

  11. Looks like my case may be resolved with this. Wonder if my SCOTUS petition for a writ of certiorari filed June 1, and copied to the CAVC was of any help in this decision.

    Ben, my SCOTUS case number is 18-9532. If you want a copy of the petition send me an email. The Case name is Bray v United States

  12. Quite frankly, so what. A judge will hand down a verdict that will either have loopholes or will be totally ignored by V A Perfect example is the expansion of he caregiver plan to those who need it most and were unconstitutionally left out in the first place. VA has been called on the carpet a few times by the Senate. VA has ignored and plodded along wasting billions of dollars on “fixes” that don’t fix a damn thing. The only thing this ensures is, is the veteran will get screwed over if they win or lose. If the vet wins they have to fork over 1/3 of what they win to an attorney. If the vet loses what are their recourse?

  13. Like the VA during the Obama Administration according to Hanity: “they kept two sets of books” and “its been proven”. Two sets of books, corrupt lawyers who work for the VA Bonuses, Veterans waiting years and even decades as in my case. What the hay, I’m lucky I’m still alive. Do i believe the VA gives a rats ass about me?

    HELL NO!

    The VA only cares about the gold mine that produces cash for themselves. Ain’t nothin’ new about that.

    • “RJ”
      Not only did Hannity say VA employees had two sets of books. So did Cashour, the head of VA’s public relations, when he testified in front of the Veterans Committee.
      Right now, the committee wants him back to explain himself. According to members on the committee, Cashour “…was vague…” in his first testimony!

  14. I’ve been waiting and still waiting on an appeal its been over I lost count of the years. I’ve heard the speech of it takes time i can recite it. Ive gone from 362 days to 125 days to 1 year depending on the case load.

  15. In 24 days I will be in my twenty seventh year of my original claim for disability, that is about 15 trips to the Board, one single judge ruling at the Court, two joint motions for remand at the Court, and finally the present appearance before the Court that started as a single judge case but was shifted to a three judge panel. Medically retired in 1992 after twelve years in the Air Force, filed my claim, and received a rating 12 months later for a percentage less than the Air Force gave me. I appealed the decision and that is when the Crap Storm started and has not come to a conclusion yet. The VA sent my mail to the wrong city and effectively killed my appeal, they denied me voc-rehab and I was forced to stay in the occupation that originally injured me it the first place. No money, no GI Bill and no way to learn a new trade. When called on the Irregularity in mailing the VA fought that and called me everything in the book from liar to cheat. A VA DRO finally settled that and restarted my appeal stating the VA had truncated the appeal, move to 2008 and the first Court appeal, the VA admitted to the Court that they had not used my service medical records to establish my initial disability rating. The Court orders the VA to re-adjudicate my claim using my service records has not been done to date. VA Identifies a nerve injury clearly from in service and says more neurological development is required to identify the reason and the VA simply drops the issue and never pursues it again. In short the VA has fought this claim every step of the way with all the might of the VA has to muster and that is why it has been to the Board 15 times and the Court 4 times. It could be feasible that this initial claim for disability will go thirty years before it is settled. The irony is I went through two surgeries in service that looked at four separate nerves at the wrist, and then went through 4 additional surgeries post service and the VA attitude is that I AM TRYING TO WORK THE SYSTEM. Yet we have the VA giving Disability Benefits to Con Artist that have never served verses Veterans that spent 10 Years Overseas and almost 8 Years in Korea between stationed there for twenty months and on Temporary Duty for over six years. The cost to the VA for its continued denial of benefits must certainly have surpassed the benefit owed to me by many times.

    • Hi Mr Payne,

      I filed in 1978, 1979, 1980, 1981, …14 claims. I finally got some relief in 2014 because I started dragging my left leg on Chemo to the VARO in Albuquerque. My right eye was dilated while my left eye was constricted, my speech slurred and I was addicted to VA dispensed opiates and benzodiazapines. A VARO Operative named John ST Shir took my 14 claims folders and threw them in the trash ( some Saint, huh?), another Operator named McDaniels told me and and my wife ” We don’t have to take your third party Doctors Reports and they did not take them.They were was thrown in the trash too. I got sympathy from somebody becasue of my deteriorating condition, my wife is a journalist and I believe they were afraid she was going to set up an on camera interview.. Long story short here: I ain’t draggin that leg, I’m off all that pharmacy crud ,I’m rated at 80% permanent and total , no further exams . However, when do i get relief for all the years I had to wait ? My first claim was filed with a request for adjudication in 1978– the Board of Appeals Judge Marjie Auer scalped off 35 years on my claim while sniffleing with snide jocularity in her cheap bustier and Fancy veneers.

      So this Class action suit is interesting because it may open the door for addressing the delay, deny and die scenarios we are all familiar with. I have a CUE claim before the Appeals Court awaiting the outcome of a “conference to as not to waste the courts time” What the fuck about my time (35 years)? How the hell is this justice?

      I looked at the NVLSP web site and what jumps off the page is “BIG BUSINESS”. Take a look at what they are selling. This stuff is for advocates and its expensive. Lots of people making money off of Veterans and Veterans getting shafted everywhere.
      I’m going away tonight not feeling any better about the class action suit and the so called 2-1 decision by the Kangaroos that came up with this crud. Its about time we invented a Board Game called Veterans Benefits and used the money to really kick some asses.
      Thank you, Guys, for your posts.

  16. In case anyone has been wondering about the care giver program for veterans prior to 1975.

    I contacted the care giver program, was told they are not excepting veterans paper work at this time.

    Could not tell me how long before those veterans prior to 1975, will be able to file for the care giver program.

  17. In the present STATE of Affairs with the Department of Veterans Affairs, their actions are EQUAL to what we call OBSTRUCTION OF JUSTICE and intimidation of the claimant.
    Their actions are paramount to that of an Organized Crime Syndicate. EVERYTHING that they did against every Veteran is just like the way An Organized crime Syndicate tampers with the evidence and intimidates the petitioners. With the current situation of the funding and giving access to governmental services and benefits to ILLEGAL ALIENS who are Given a priority over the American CITIZENS especially the Veterans Community is paramount to Reverse Discrimination under the color of Law.
    The entire Veteran Community must galvanize our evidence and SEEK redress outside of The Department of Veterans Affairs. A Mega Class Action Federal Lawsuit against the United States Government is warranted.
    We need just Twenty five Veterans to commence A FEDERAL CLASS ACTION LAWSUIT.
    I have been waiting for six years just to get my shoulder and head surgery at the Puerto Rico Veterans Medical Center in San Juan.
    I recently purchased a computer and printer and lots of ink just for the purpose of commencing a Federal Lawsuit.
    Not only are they acting as an Organized Criminal ENTERPRISE, they have placed themselves in a position in which we can file a CIVIL RICO LAWSUIT AGAINST THEM. Their malignant Neglect has placed every single Veteran in danger of losing their lives
    This is a case of Deliberate Indifference.
    As I have said that all that is needed is just twenty five Veterans to commence a federal RICO LAWSUIT AGAINST The Department of Veterans Affairs in which I am seeking to strip each and every federal defendant of their QUALIFIED IMMUNITY AND IMPUNITY which means that they can be sued PERSONALLY AS INDIVIDUALS IN FEDERAL COURT.
    My questions are:
    WHO’S WITH ME?
    HOW SOON CAN YOU GUYS JOIN ME IN FORMULATING AND FILING THE FEDERAL LAWSUIT?

    • George, get you case in now with the already certified class action. Read it and look for similarities. The delay and denial of evidence is the main one.

      My case is “https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom” Docket No. 17-2990 Bray v Wilkie

  18. This precedence from the Court of Appeals for the Federal Circuit overturning a Court of Appeals for Veterans Claims decision makes the future look hopeful especially with Ben’s case above. My CAVC case will probably be heard with Ben’s Case. Bray v Wilkie, Docket no. 17-2990.

    I really like this precedence because it ties a claim to the incident and requires the “duty to assist” to evaluate all disabilities arising from the incident if the claim is for disabilities in general from the incident. My case precisely. And the case with most TBI victims.

    No need for a new case George. The one Ben presents here covers most of it. Especially the “delay, deny, wait until they die.” modus operandi.

  19. How many veterans are actually going to join the class action?

    How many veterans are going to not bother trying cause they’re thinking that it’s either not going to go anywhere or they’re just sick of fighting the VA system and getting the same results every time?

    I’ve tried contacting lawyers a few times about filing lawsuits against the VA for negligence and they just shrug it off and not return my calls.

    My previous doctor lied to me for 2 years about an MRI on my back saying that “there’s nothing wrong with my back, it’s just weak muscles that need to be strengthened up” she abruptly left the VA. The temporary doctor who covered till they found a replacement who I complain to about back pain, looked at the MRI that was done and flat out told me “the MRI isn’t for your back, it’s for your neck” “I’m putting you in for an MRI on your back because the one that was done on your neck clearly shows damage to the top of the thoracic, along with a couple herniated discs in your neck”. I injured my back while in Iraq from 04-05 but didn’t realize it till it started bothering me a couple months after I got home so there was no medical documentation for it. Took me 9 years of fighting the VA doctors just to get the first MRI done (the one I was told didn’t show anything wrong). Second MRI (actually done on my thoracic) showed 5 or 6 of the discs were either herniated or bulging. I was medically discharged in 2018 due to my back finally telling me it was done and only awarded a rating of 20% for my back. I struggle with the pain every day and after being at work 2 hours I’m struggling to I really struggle to finish my 8 hour work day.

    So my faith in the VA to actually do their jobs and reward the benefits that we deserve for the sacrifices that we have made is gone along with any hope that the VA will ever change and/or make things right for anyone. Same thing goes for any lawyer actually giving enough of a shit to actually fight for us as veterans without robbing us blind while doing it.

    • Jeremy, my experience exactly. But I received a medication in 2015 that half way straightened out my brain function. I’ve done my own case cited above. And the responses I’ve received seem good. I have a Petition for a Writ of Certiorari in (Docket 18-9532) in at the Supreme Court. And I’m certainly going to look up the “class action” case Ben cites to see if I have standing to join it. The CAFC case, Shea v Wilkie that I cited above is a big leap forward for most of us and for the class action case cited by Ben. It is Precedential meaning the VA has to take it to the Supreme Court in the hope of getting the “Precedential” decision overturned or it becomes case law for the rest of us.

      • It’s the VA and it will never change no matter what happens. They need to privatize and allow us to seek care at whatever hospital we want whenever we want/need not just when the VA is backlogged or doesn’t provide the treatment we need.

      • That doesn’t take care of compensation. This thread is about compensation for limitations in the ability to work.

  20. We I tell this to everyone I assist. VA is not thereto help veterans. VA doctors are there to do everything they can to make your injury or illness NOT service connected. VA employees do everything they can to give you the wrong information to foul up your claim. I even see where VSO’s are giving bad direction and information (I think VSO’s spend more time working on their own case and get annoyed when a veteran calls and “bothers” them.)

    It took me 30 years to get to 100%. VA has tried to lower my rating a couple times. Both times VA doctors agreed with the lower rating decision. Both times I had to spend my own money to see doctors outside the VA to show their reports were wrong (trying to be nice). I kept my rating both times. The point is don’t believe what VA tells you.

    I also have evidence proving I sustained a TBI, but since the VA doesn’t do certain tests they won’t accept the evidence. Just something to watch out for

    • Go to the Court of Appeals for Veterans Claims and look up the case. Get the Attorney names and addresses from the “Docket Report”. Write a letter to the Attorneys and state your case. They will probably send you a form of questions to answer. Then ask you for a release of your record so they can get a copy.

      Second way is just to petition the Court to join you to the case. You would have to do the work yourself to state your case. In my case, I’ve already done that and have a case at the court. Will have to weigh advantage of going with them or wait and see if my Supreme Court Petition gets to be one of the less than 1% of petitions they accept a Constitutional question to review.

      I’ll post the link to the case after I look it up. My next post in reply to you.

    • This is the link to the order in the original article. If it doesn’t take you to the order go back to the top and find the link in Ben’s article. “Gosey v. Wilkie,”

      • Won’t get you there. find it in the article. I’ll have to study it after the 10th when I get back home. It will take me a week or two to study the case by downloading the filings. Then I’ll know if I want to join their case.

  21. I injured my back while on active duty in 1974. I went straight to the base hospital.
    The doctor wrote Outlet Root Syndrome as my diagnosis. A year later I was granted a 20% disability. Many years later I discovered that the compensation was recorded as a strained muscle. So when I requested my C file the R.O. claimed they didn’t have it. I was told to get my records from Archives in Missouri. Missouri said, the R.O. had them. This went on for years. Finally the American Legion’s Rep. found copies of my original diagnosis on line and printed it off for me. This was 2018. In the meantime I was getting different pain procedures done on my back for pain. My pain doctor repeatedly wrote Radiculopathy for years. Then came the C & P Exam. She documented that I did not have Radiculopathy. The exam was conducted at the same hospital as my pain doctor. My claim was denied based on the C & P Exam. I filed a complaint against the examiner. Once I finally had my medical evidence that the muscle strain was not the correct diagnosis the VA finally granted me a 40% disability a few months ago. In the meantime I have had 3 Spinal Cord Simulators implanted over a 9 month period. They have failed miserably. I’m having the current one removed next month. I now have appealed the 40% disability and I’m asking for an increase plus retroactive back to 1975 when I filed my original claim with the DAV. It’s my understanding that Outlet Root Syndrome is the old terminology for Radiculopathy.

  22. Hey Kat,

    I check the OIG web page- there are 850 separate reports RE: Veterans Administration and VAMC’s . You must be superman if you can get through all of this at *”https://www.oversight.gov/reports”* !!!!!!!!!!!

  23. Bluecatfish,
    There was a resent article in The New York Times about a veteran named Leroy MacKlem. It’s title is “For a Veteran, Disability Payment Is Long In Coming.” If you Google his name the article should pop up. I think you will find this story very interesting.

    • His obituary also comes up. The delay, deny and wait until they die, almost worked. Wonder who ended up with his payday? My decedents are likely to end up with mine.

  24. Lem,
    I appreciate everyone’s quick responses here. I am glad to see the V.A. standing up for us.
    I have read the case file on MacKlem. It is very similar to what happened to me in Europe. I guess I go to my V.S.O. now. He is the best I’ve seen in almost 15 years.
    Thanks

    • It is not the VA standing up for us. It is the Court of Appeals for Veterans Claims and the Court of Appeals for Federal Claims finally realizing the DVA has been cheating since its inception and that Veterans have been cheated out of compensation since the Revolutionary War. Even after the sentence guaranteeing veterans compensation in Section 4 of the 14th Amendment was ratified there were no cases citing that section entered into the Legal Court Reports or Precedencies. In 1988 there were 2 Volumes of condensed references on the 14th Amendment alone but not a single reference to Section 4 of the 14th. It had essentially been written out by the Courts.

  25. In the 36 years I fought the VA over my TBI, I had only one decent VSO. And he was removed by the VA or the DAV from service to vets. Hope you fair better. I’ve had to do the best I can in Pro Se.

    For the cases I have open now, I was able to hire a legal research specialist. I think she was disbarred because she was cheap and avoiding malpractice insurance. Hiding on the internet. Very controlling woman that wanted everything submitted exactly the way she wrote it. She made some mistakes and a big one I didn’t correct. The submission of an appendix with copies of pages from the Record Before the Agency (RBA) was the biggest. Caused the Appendix to be rejected. But fortunately I had gone through and listed the RBA page numbers after the quotes and references. But the full documents of particular statutes that were quoted went out also. Not too big a deal because the statute was referenced and the relevant quote was lifted from the statute.

    If I win and get costs I hope to recover the $10,000 I built up in CC debt using her but I think, over all, it was worth it. She was pissed about my changes and may not help me in the future. But my signature went on the filings and not hers. I wasn’t about to submit errors that I knew were errors under my signature. But her research helped tremendously plus her ability to organize more than 8 pages making editing the only thing left for me.

  26. What is the deadline for entering the class action lawsuit? My appeal is currently at the RO. My rep. said he would try and find out if the RO plans to send it to the BOA. It’s only been a few weeks since my appeal was sent in. It’s my understanding that this law suit is only for VA BOA’s.

    • I think we are automatically in according to this order. Expect action within 120 days to mute you out of being able to be a new class member.

      But contact the attorneys’ to let them know you are available if everyone is muted out except you. I’m in there too. Also have an Appeal at the CAVC which I expect to be automatically joined and even possibly given a presidential favorable decision. Matter of waiting 60 days to see. Then I’ll send a letter to the Attorneys for the Class.

  27. I called and left my name and number with the phone number linked to the law suit on Friday. I’ve not heard back yet.

    • Good move. I’m waiting until August 12 (60 days after the order) half way through the orders time limit. I will write a letter and send my relevant filings with the court as well as a release for them to see my RBA as it is. let me know if you get a response at “[email protected]

    • Keep in mind we may have to get our own lawyers to get heard. But likely we will be able to get one once the finale decision is made which looks like it will be very favorable right now.

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