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ARTICLE · 09 MAY 2017

Veterans' Claims Move To The Head Of The Class

In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims ("Veterans Court") has the authority to...

United StatesLitigation, Mediation & Arbitration

In an issue of first impression, the United States Court of Appeals for the Federal Circuit addressed whether the Court of Appeals for Veterans Claims ("Veterans Court") has the authority to certify class actions. The case arose from the denial of a Vietnam War veteran's administrative claim for disability benefits for service-connected post-traumatic stress disorder, diabetes, hypertension, and strokes. In early 2013, the Department of Veterans Affairs ("VA") notified the veteran that his claim had been denied because his Marine Corps discharge was "other than honorable." The veteran challenged the VA's decision and separately applied to upgrade his discharge status. In March 2015, the VA informed him that it would not process his appeal until it received records regarding his discharge status.

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