February 01, 2019

NLSVCC Files Amicus Brief in Support of Class Action Appeal for Veterans

In Monk v. Wilkie, the plaintiff brought an action against VA Secretary challenging the length of time for the VA to adjudicate appeals.  The case has a long procedural history in which Monk sought class action status that was originally denied, then overturned at the U.S. Court of Appeals for the Federal Circuit level, and is now on remand.  Upon remand, the lower court ruled against certification as a class due to class issues associated with too many individual issues, and that ruling is now on appeal.  The National Law School Veterans Clinic Consortium has filed an amicus brief in support of the plaintiff that focuses on the history and purpose of Subsection (b)(2) of Federal Rule of Procedure 23, addresses key and guiding tenets in federal veterans’ benefits law, and demonstrates that other procedures, including precedential opinions, do not provide relief to veterans.  The parties are awaiting a decision by the Federal Circuit on the appeal.