Looking for additional information.

[SgtStelmo]

Hello all,

I am considering filing a class action suit with the CAVC early in the new year.  At this point my class will be all veterans getting their healthcare within the Bay Pines VA community.  That could change, depending on the input I receive from fellow veterans.  Let me start by saying I am new to this forum.  Earlier I was looking over the categories where questions are placed.  Seemingly none of those categories are relevant to my question, which is not necessarily surprising.  I completely understand that the vast majority of questions are centered on VA disability, the stated topic for the website.  Yet their are other benefits veterans are entitled to, and I maintain that hordes of veterans have 'hadit' attempting to obtain those benefits.

Please indulge me while I go off on a tangent.  As a general rule, once a litigant has prevailed on the merits of their claim they are entitled to be made whole.  Yet that is not the norm within the VA.  For instance, once a veteran prevails on their disability claim it should become incumbent upon the VA to make the veteran whole.  They certainly do so for the actual disability payments.  But they then require the veteran to contact their local health facility to make them whole in regards to any travel and/or co-payment monies due.  At it's best, this is nonsensical rubbish.  (Yes, I understand the difference between VBA and VHA, but that division is meaningless.)  What is astounding is that not one lawyer has pursued this!  After all, if they have a contract with the veteran, they are definitely entitled to their percentage on the travel.  The co-payments might be a cloudier issue.  Regardless, after prevailing why should this burden still fall on the veteran?

I maintain the answer to this question is simple, economics.  The work involved in the litigation far exceeds the financial rewards.  That is the sad reality that veterans were facing for decades.  But I suspect the tide is about to change.  The seismic event that shall change everything, occurred when the Federal Circuit Court of Appeals issued their Monk decision.  Simply stated, the appeals court ruled the CAVC can hear class action litigation.

One last observation while I am on my now co-tangent.  Since the appellate court issued this opinion, notice how the VA has cut the waiting time for BVA hearings.  I know some will suggest this was caused by an infusion of veteran law judges, which certainly is true.  But I suggest the VA knows that Professor Wishnie, Esq.,  and his merry band of law students, are going to win once Monk's now class action is decided on it's merits.

So now back to my class action.  I get my health care in the Bay Pines VA community where veterans are routinely denied due process on the denial of benefits.  At this time, these benefits include Beneficiary Travel, Veterans Choice Program, and co-payment exemptions.  In each of these three instances I have been denied due process so I have standing to file the suit.  And now I can get that suit certified a class action because I know I am not alone with these problems.

Briefly let me go into two of these issues.  In the co-payment exemption issue I was sent a letter by the VA telling me of their decision and what I had to do to perfect my appeal.  I filed a timely NOD, that for the most part, has been ignored.  Certainly no hearing and no order, both egregious constitutional violations.  What is the VA response?  They claim they are not set up for it, as if that is a valid excuse.  Secondly, with the Beneficiary Travel, there is a separate appeals process promulgated in the CFR.  These mandatory regulations are just ignored.

My goal with this suit will be multi-fold, but I will consider it a success if I get one inexcusable regulation overturned.  That is the regulation requiring appeals to be certified to the BVA by the AOJ.  The problem with this regulation is simple, it assumes that the AOJ will do their job.  At Bay Pines dissent is not tolerated, thus even when a timely NOD is filed, it is just ignored.  Shameless despicable behavior!  But I grudgingly confess it is behavior they have gotten away with for years.  Hope to change that.

So now let me get off my soapbox and get to my pertinent question.  Has any other veteran been denied a benefit by their VHA hospital (or clinic) that they were denied the right to appeal that adverse decision?  Please let me know.