Tens of thousands of disability claims denied by the VA over 35 years are part of a class action case that could result in reactivation of previously closed files.
Claimants whose case was closed between Dec. 12, 1990, and Feb. 6, 2025, would be part of a proposed settlement under Freund v. Collins, a case which alleges the VA’s automated system improperly closed appeal cases because veterans had not filed materials in time, and that veterans did not receive notification of the closure.
The proposed settlement is under court review, according to a VA.gov article outlining terms and eligibility. If approved, it would:
- Trigger a manual review of more than 28,000 closed appeal files that may have had “a timely substantial appeal.”
- Reactivate all files found to have such an appeal, and notify the claimant of the reactivation.
- Complete the review in 18 months, and “process the reactivated cases expeditiously.”
Am I Eligible?
Along with the timeframe mentioned above, the suit applies only to cases decided before Feb. 19, 2019. Veterans whose case meets all the criteria will not have to take action; the VA will review the case automatically in line with the terms of the settlement.
However, 64,599 other appeal files “met most but not all of the parameters that VA used when searching for potential class members,” according to the VA.gov article. In these cases, claimants who believe their appeal was unfairly denied would need to request a review; these claimants would receive notices from the VA as part of the proposed settlement.
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Learn More
VA.gov includes more official resources regarding the case, such as contact information for further details and how to object to the proposed settlement.
While MOAA can provide general information regarding VA appeal processes, those who believe their VA appeal may be part of this class action and have any questions about their benefits should reach out to class counsel John D. Niles at freundclass@carpenterchartered.com. MOAA cannot determine official eligibility under the suit, nor can the association assist with VA document preparation.
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