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In Response to NVLSP’s Class Action Lawsuit, VA Admits It Misled Tens of Thousands of Veterans

In response to the National Veterans Legal Services Program (NVLSP) class action lawsuit, Wolfe and Boerschinger v. Wilkie, the U.S. Dept. of Veterans Affairs (VA) admitted that it misled tens of thousands of veterans who had applied for reimbursement of the emergency –care expenses they incurred at non-VA facilities. [more]

Released 4/1/19 | Tags: Class Actions, Court of Appeals for Veterans Claims, Veteran's Benefits

NVLSP Files Class Action Lawsuit Accusing VA of Disseminating False Information To Veterans

NVLSP Asks Federal Court to Order VA to Send Corrections to All Veterans Wrongly Informed About the Reimbursement Entitlement Criteria and to Reinstate Their Claims

On New Year’s Day, the National Veterans Legal Services Program (NVLSP) filed a class action lawsuit in the U.S. Court of Appeals for Veterans Claims (CAVC) accusing the U.S. Department of Veterans Affairs (VA) of sending false information throughout 2018 to tens of thousands of veterans who had applied for VA reimbursement of emergency medical expenses they incurred at non-VA facilities. The lawsuit, filed with the pro bono assistance of Sidley Austin LLP, asserts that the VA has a practice and policy of informing these veterans – falsely – that they cannot qualify for any reimbursement if they have partial coverage for their emergency medical expenses under a health plan contract. This VA representation is inaccurate, according to NVLSP, because it directly violates the binding decision issued by the CAVC in 2016 in Staab v. Shulkin, which invalidated a VA regulation because it prohibited reimbursement if the veteran had partial coverage under a health care plan. [more]

Released 1/2/19 | Tags: Class Actions, Court of Appeals for Veterans Claims, Veteran's Benefits

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