Landmark class-action ruling ensures that veterans and their caregivers are given a meaningful chance to access critical benefits
WASHINGTON, D.C. — April 20, 2021 — In a major victory for veterans and their caregivers seeking benefits under the Veterans Affairs (VA) caregiver program, the Court of Appeals for Veterans Claims ruled that claimants can now appeal decisions under the caregiver program to the Board of Veterans’ Appeals and may obtain subsequent judicial review. Not only did the Court grant prospective relief in the form of an injunction requiring VA to permit such appeals going forward, but the Court also certified a class of claimants who were denied the right to pursue such appeals to ensure they are notified of their appeal rights. This decision in a class action lawsuit filed by Public Counsel’s Center for Veterans’ Advancement and Paul Hastings LLP means thousands of past veterans and caregivers, going back over a decade, are now eligible to get Board review of their claims, requiring determinations to be substantiated and justified, with the potential to recover retroactive benefits.
“It is hard to overstate the significance of this ruling and the hurdles it took to secure it,” says Paul Hastings attorney and Navy veteran Andy LeGolvan. “The VA’s decision to deny appeal rights for Caregiver Program claimants not only prevented veterans and caregivers from obtaining their benefits, but it also hindered any claimant from challenging VA’s policy of prohibiting such appeals. The Veterans Court has now decisively determined that VA had the law wrong for nearly a decade—and, critically, found that VA now bears responsibility for rectifying its unlawful policy. We look forward to working with VA to enforce the Court’s order to ensure all members of the class are properly notified of their restored appeal rights.”
The Caregiver Program was created in 2010, recognizing the vital role that family caregivers play in supporting the veterans in their family. The requirements include having a serious injury from active duty service on or after September 11, 2001, and requiring six months of continuous care. Benefits include health care and financial support for family members who provide care, recognizing that their services can be all-consuming, full-time work. Since its inception, there have been 400,000 caregiver applications submitted, but less than 20,000 veterans enrolled in the program as of 2019. According to the Veterans Administration’s own data, nearly 20,000 veterans have been revoked from the Caregiver program since its inception.
Paul Hastings attorney Randall Johnston sums up the vital role of caregivers. “This past year has taught us how critically important caregivers are not only to veterans, but our broader communities. Too often the work of caregivers is overlooked, unpaid and undervalued. Congress recognized this and provided a means to compensate and provide some benefits to the caregivers of our veterans. But regulatory rules enabled the VA to unjustly deny these benefits without providing any recourse. Now, these veterans and their caregivers finally have a means to appeal caregiver benefit denials.”
“This decision will allow veterans and caregivers to finally voice the inconsistencies and errors they have experienced with the Caregiver Program,” says Public Counsel Supervising Staff Attorney Amanda Pertusati. “Veterans and caregivers will no longer feel helpless and hopeless, having to navigate within a framework that repeatedly insulates inaccuracies without proper due process. We look forward to guiding the VA on the best practices to preserve appellate rights, as well as fiercely advocate for veterans and caregivers of both the PCAFC and MISSION Act.”
Read the decision here.
Learn more about the VA Caregiver Program Class Action, including how to appeal Caregiver Program decisions: https://www.vacaregiverclassaction.com/
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About NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation’s definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.
About Paul Hastings LLP
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About Public Counsel
Public Counsel is a nonprofit public interest law firm dedicated to advancing civil rights and racial and economic justice, as well as to amplifying the power of our clients through comprehensive legal advocacy. Founded on and strengthened by a pro bono legal service model, our staff and volunteers seek justice through direct legal services, promote healthy and resilient communities through education and outreach, and support community-led efforts to transform unjust systems through litigation and policy advocacy in and beyond Los Angeles.
