Shortchanging Combat-Injured Veterans by the VA is under scrutiny. The U.S. Court of Appeals for Veterans Claims has certified its first class action lawsuit. As a result, Veterans who served in Korea, Vietnam, the Gulf War, Iraq, and Afghanistan may potentially be impacted. The CAVC filed the class action lawsuit on March 2, 2017.
The National Veterans Legal Services Program (NVLSP) filed a lawsuit against the federal government. The lawsuit was filed on behalf of combat-disabled veterans who were shortchanged on their disability benefits by an unlawful and nationwide government policy.
The litigation affects combat-injured veterans who were denied their full retroactive payments for Combat-Related Special Compensation (CRSC). Because the government wrongfully capped their retroactive payments to six years. More than 85,000 veterans receive CRSC annually. The lawyers believe thousands have already been shortchanged, and the total number of veterans harmed by the illegal cap increases every month.
Under the court’s order, the VA must review and move forward all class members’ appeals by October 11, 2019. Also, the VA must file a status update with the court by August 12, 2019.
Who Is Represented In The Suit
The CAVC filed the lawsuit in the United States District Court for the Southern District of Texas. Simon Soto of Brownsville, Texas is the lead plaintiff. Soto is a retired Marine Corps Corporal who was wrongfully denied his full CRSC benefits. He was denied retroactively in October 2016. When the Navy applied a six-year retroactive payment cap. As a result a portion of the retroactive CRSC payment was denied. But the law entitles Mr. Soto to the benefits. Mr. Soto seeks to represent all Army, Navy, Marine Corps, Air Force, and Coast Guard veterans impacted.
Bart Stichman, co-founder and joint executive director of NVLSP reports:
“Congress created the CRSC program years ago so that veterans with combat-related injuries could receive supplemental tax-free income in addition to the amount they received in VA disability compensation. Combat-disabled veterans should not be deprived of disability benefits by an unlawful policy. So, they deserve the full amount their country owes them. Therefore, we believe veterans impacted by this lawsuit will be owed a gap of one month to many years in benefits. Additionally, Veterans have been deprived of anywhere from $133 to $3,200 for each month lost.
Additionally, the court weighed the merits of the class petition, and the court had some unkind words to say.
“… are not content to wait for the Secretary to remedy these unreasonable delays on his own. The Secretary has had many years to act and initiate pre-certification review of class members’ cases, and he has failed to do so.
Legal Help for VA Appeals
Cameron Firm PC has certified Veteran Appeals Lawyers on staff who will fight with you to secure the benefits you deserve. We understand the sacrifices you have made. So, if you have been denied any of your VA benefits, please call our office at 800-861-7262 for a free consultation. We are here to help you. Or, if you prefer, use our secure website to contact us for a prompt reply.
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