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An Army of Many: Veterans' Benefits Class
Actions in the U.S. Court of Appeals for
Veterans Claims
Updated December 11, 2019
Update 12/11/2019: On December 6, 2019, the U.S. Court of Appeals for Veterans Claims issued a
decision in Skaar v. Wilkie certifying a class action in an appeal of a Board of Veterans 'Appeals decision
regarding disability compensation based on in-service exposure to ionizing radiation. The majority
reasoned that, absent any express indication from either Congress or the [U.S. Court of Appeals for the]
Federal Circuit that the court lacked the authority to do so, it would employ class action procedures in
appeals. The certified class includes veterans whose claims have been denied by the U.S. Department of
Veterans Affairs (VA); veterans whose claims are pending before VA; and veterans who have not yet filed
VA claims. One judge dissented in part, arguing that the majority improperly included veterans who had
not yet filed claims, while excluding other veterans who could no longer appeal previously denied claims.
Three judges dissented injfi,, arguing that the court exceeded its jurisdiction and seized inorepower
than Congress allotted to it with unsound legal innovations. VA will likely appeal this decision to the
Federal Circuit.
The original post from December 3, 2019, is below. A more detailed update of this Sidebar will occur if
the Federal Circuit takes action in Skaar or another case concerning the CAVC's class-action
jurisdiction.
In September, the U.S. Court of Appeals for Veterans Claims (CAVC) issued a decision in WoIjf v 9;lkie
requiring the U.S. Department of Veterans Affairs (VA) to readjudicate the claims of a group of veterans
seeking reimbursement from VA for emergency medical care at non-VA hospitals-claims that potentially
total billions of dollars. Wolfe is the most recent in a line of decisions beginning with Monk v. Shukin in
2017, in which the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that the CAVC has
the authority to consider class actions. Since then, the CAVC has addressed class action motions on an ad
hoc basis while developing formal class action procedures. To date, the CAVC has certified two classes-
in Wolfe and Godsey v Rilkie.
These cases require the CAVC to break new legal ground to develop class action procedures suited to that
court. More tangibly, these decisions may require VA to reallocate its resources to process affected claims
that could result in billions of dollars in awards. This Sidebar (1) briefly introduces class actions and the
Congressional Research Service
https://crsreports.congress.gov
LSB10376
CRS Lega Sidebar
Prepaed for Membeivs and
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