Veterans Can Now File Class-Action Lawsuits Against VA
A recent ruling from the Court of Appeals for Veterans Claims has opened the door for Veterans to file suit against the Department of Veterans Affairs as a class rather than individuals, a decision that could have significant impacts on how Veteran’s claims and cases against the VA are handled.
The ruling came in Monk v. Wilkie after an eight-justice panel decision ruled against the Plaintiff in the above named case, but said that in “appropriate cases” class-action lawsuits could be entertained by the Court.
Chief Judge Robert Davis stated in the decision that, “[t]his is a watershed decision, and its importance should not be diminished merely because the Court declined to certify this proposed class. On the contrary, the court’s decision will shape our jurisprudence for years to come and, I hope, bring about positive change for our nation’s Veterans.”
Whether future cases will have an easier time establishing an eligible class remains to be seen, but this new legal avenue could provide Veterans with a much needed ability to band together to create change within the VA system.
If you have questions about this decision or any other questions regarding your claims against the VA please contact the experienced Veterans’ disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves Veterans across the United States from their home office in Mobile, Alabama.