FOR IMMEDIATE RELEASE: June 24, 2025
ARLINGTON, VA — Yesterday, the National Veterans Legal Services Program (NVLSP) filed a class action petition with the U.S. Court of Appeals for Veterans Claims (CAVC) on behalf of eight veterans– Kevin Brobst, Steve Dudek, Kate Follett, Terrance Fowler, Earl Paulson, Jack Peterson, Kenneth Schmidt, Karin Whitley and an unknown number of other of veterans who tried to apply pursuant to a 2023 regulation of the Department of Veterans Affairs (VA) giving veterans who experienced medical emergencies occurring as far back as 2010 a unique one-year period to obtain reimbursement of the emergency medical expenses they incurred years ago at non-VA facilities.
In 2023, the VA stated that it was creating the unique one-year application window period in order to allow veterans to take advantage of court decisions ruling that since 2010, VA had been illegally denying reimbursement for certain types of emergency expenses. The 2023 regulation gave veterans whose claims were denied under the illegal rules a one-time, one-year period to apply again. But NVLSP charged in the class action petition that when veterans tried to apply during the one-year period, the Veterans Health Administration (VHA) employees refused to accept or process their reimbursement applications.
“Veterans followed the rules. The VA did not,” said NVLSP Co-Founder and Special Counsel Barton F. Stichman. “This petition asks the Court to ensure that the VA honors the promise it made when it published the 2023 regulation. The failure to do so has caused great financial harm to veterans who acted in good faith and who have been waiting far too long for reimbursement.”
History
Yesterday’s filing follows the ruling on October 25, 2022 by the U.S. Court of Appeals for the Federal Circuit that invalidated the VA’s regulation that prohibits VA from reimbursing veterans with private health insurance for out-of-pocket coinsurance expenses that the veteran was required to pay to the insurance company for their emergency medical care at non-VA facilities (marking the third time that a court had invalidated this VA regulation). The Court held that VA is required to reimburse veterans for coinsurance for which the veteran is responsible under their private insurance policies. The Court ordered the VA to engage in expedited rulemaking and issue a new rule by February 22, 2023. The Court also ordered VA to immediately process pending individual claims and make reimbursement payments to veterans for coinsurance amounts not covered by the veteran’s other health insurance.
For more details on NVLSP’s case history on the issue of emergency reimbursement, go to https://nvlsp.org/what-we-do/class-actions/.
About The National Veterans Legal Services Program (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 18 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 $5.6 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.
Media contact:
Patty Briotta, office 202-621-5698, patty@nvlsp.org