Achievements
Life-Changing Impact Through Landmark Legal Victories and Beyond
NVLSP consistently utilizes court access and expertise to enforce the law when VA or military services unlawfully deny benefits. NVLSP’s litigation successes have resulted in over $5.6 billion in disability, death, and medical benefits for hundreds of thousands of veterans and their survivors.
Among NVLSP’s legal victories
Doyon v. United States
On January 25, 2023, the U. S. Court of Appeals for the Federal Circuit ruled in favor of Robert Doyon, a Vietnam Era Navy veteran suffering from Post-Traumatic Stress Disorder (“PTSD”) who was wrongfully denied military medical retirement. Significantly, the Court ruled that the law requires…
Doyon v. United States On January 25, 2023, the U. S. Court of Appeals for the Federal Circuit ruled in favor of Robert Doyon, a Vietnam Era Navy veteran suffering from Post-Traumatic Stress Disorder (“PTSD”) who was wrongfully denied military medical retirement. Significantly, the Court ruled that the law requires Boards for Correction of Military Records to apply liberal consideration to applications, like Mr. Doyon’s, that seek a medical retirement for PTSD and the Court sent the case back to the Board to reconsider Mr. Doyon’s case.
Sissel v. Wormuth
In July 2023, the U.S. Court of Appeals for the District of Columbia Circuit delivered a significant victory to Jason Sissel, an Operation Iraqi Freedom Army veteran. The Court’s decision addressed the Army’s improper assignment of a 20% disability rating, ruling in favor of Sissel and requiring a re-evaluation…
Sissel v. Wormuth In July 2023, the U.S. Court of Appeals for the District of Columbia Circuit delivered a significant victory to Jason Sissel, an Operation Iraqi Freedom Army veteran. The Court’s decision addressed the Army’s improper assignment of a 20% disability rating, ruling in favor of Sissel and requiring a re-evaluation of his disability rating.
Torres v. Del Toro
On September 28, 2022, the U. S. District Court for the District of Columbia struck down the Navy’s “Properly Referred Policy.” That policy led to thousands of denials of military disability retirement benefits by unlawfully prohibiting the Navy from considering medical conditions that were documented in the Navy’s files…
Torres v. Del Toro On September 28, 2022, the U. S. District Court for the District of Columbia struck down the Navy’s “Properly Referred Policy.” That policy led to thousands of denials of military disability retirement benefits by unlawfully prohibiting the Navy from considering medical conditions that were documented in the Navy’s files but were not listed on a particular Navy form. The Court granted summary judgment in favor of a class of 3,700 U.S. Navy and Marine Corps veterans who were wrongfully denied military disability retirement as a result of the Navy’s illegal policy. The Court vacated the decision denying disability retirement of all class members, and remanded the matter for further proceedings.
Wolfe v. Wilkie
In 2019, NVLSP filed a class action petition in the U.S. Court of Appeals for Veterans Claims (CAVC) charging that VA was systematically misinforming veterans who had applied for reimbursement of emergency medical expenses that the VA could not lawfully reimburse a veteran if he or she had private health insurance. In response, the VA admitted that it…
Wolfe v. Wilkie In 2019, NVLSP filed a class action petition in the U.S. Court of Appeals for Veterans Claims (CAVC) charging that VA was systematically misinforming veterans who had applied for reimbursement of emergency medical expenses that the VA could not lawfully reimburse a veteran if he or she had private health insurance. In response, the VA admitted that it had been mailing to reimbursement claimants an old template letter that had not been updated to comply with the CAVC’s 2016 precedential decision in Staab – which held, in a case brought by NVLSP, that private health insurance did not bar veterans from VA reimbursement. VA conceded that this misrepresentation could have deterred veterans from pursuing their claims. As a result, VA agreed to mail more than 1 million corrective notices to veterans who had applied for reimbursement of emergency medical expenses incurred at non‐VA facilities.
Godsey v. Wilkie
On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified a class action for the first time in its 31-year history. The case, Godsey v. Wilkie, sought relief for petitioners and all similarly situated VA benefit claimants who had filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and…
Godsey v. Wilkie On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified a class action for the first time in its 31-year history. The case, Godsey v. Wilkie, sought relief for petitioners and all similarly situated VA benefit claimants who had filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and suffered extended delays waiting for VA to begin moving their appeals forward in a process called “certification.” The Court ordered the VA to certify the appeals of all class member within 120 days.
Sabo v. United States
In 2011, the U.S. Court of Federal Claims required the U.S. Military Services to pay lifetime disability retirement benefits to 1,029 veterans who were medically separated from the military due to post traumatic stress disorder (PTSD) following wartime service in Iraq or Afghanistan. The class action lawsuit…
Sabo v. United States In 2011, the U.S. Court of Federal Claims required the U.S. Military Services to pay lifetime disability retirement benefits to 1,029 veterans who were medically separated from the military due to post traumatic stress disorder (PTSD) following wartime service in Iraq or Afghanistan. The class action lawsuit alleged that the military services violated the law by failing to assign a 50% disability rating to those discharged for PTSD – a disability rating that entitles the veteran to disability retirement benefits, including lifetime military healthcare for the veteran, the veteran’s spouse, and their minor children.
Nehmer v. U.S. Veterans Administration
In 1989, the U.S. District Court for the Northern District of California issued a class action order, invalidating VA’s Agent Orange compensation rule. That prior VA rule had asserted that chloracne was the only disease scientifically associated with exposure to herbicides—such as Agent Orange— used by the U.S. in Vietnam…
Nehmer v. U.S. Veterans Administration In 1989, the U.S. District Court for the Northern District of California issued a class action order, invalidating VA’s Agent Orange compensation rule. That prior VA rule had asserted that chloracne was the only disease scientifically associated with exposure to herbicides—such as Agent Orange— used by the U.S. in Vietnam. In 1991, NVLSP secured a second-class action order from the Court that required the VA, whenever it accords presumptive service connected status to an additional disease due to its association with Agent Orange, to re-decide all prior claims for that disease and to generally pay benefits retroactive to the date the prior claim was filed. From 1998 to 2024, NVLSP has filed five motions for enforcement of the 1991 Nehmer consent decree. Based on success of these motions, this class action consent decree has forced the VA to pay more than $5 billion in retroactive disability and death benefits to more than 100,000 Vietnam veterans and their survivors for diseases connected to Agent Orange exposure. As a result of the fourth motion for enforcement of the Nehmer consent decree, filed in 2000, the VA was forced to pay over $207 million in retroactive compensation to more than 7,000 “Blue Water” Vietnam veterans and their survivors.
Giusti-Bravo v. Secretary of Veterans Affairs
In 1993, the U.S. District Court for the District of Puerto Rico approved a class action order that ultimately required the VA to pay over $60 million in retroactive disability benefits (plus tens of millions of dollars in additional future disability benefits) to over 600 Puerto Rican veterans with service-connected mental …
Giusti-Bravo v. Secretary of Veterans Affairs In 1993, the U.S. District Court for the District of Puerto Rico approved a class action order that ultimately required the VA to pay over $60 million in retroactive disability benefits (plus tens of millions of dollars in additional future disability benefits) to over 600 Puerto Rican veterans with service-connected mental disorders whose total (100%) disability ratings had been unlawfully reduced under special (and more restrictive) rules used by the VA only in Puerto Rico.
Military Order of the Purple Heart and NVLSP v. Secretary of Veterans
In 2009, the U.S. Court of Appeals for the Federal Circuit invalidated a rule that required VA to (a) withhold from veterans any VA decision awarding a large amount of retroactive benefits and (b) send the decision to VA officials in Washington, D.C. to allow them to review and modify the large award without …
Military Order of the Purple Heart and NVLSP v. Secretary of Veterans In 2009, the U.S. Court of Appeals for the Federal Circuit invalidated a rule that required VA to (a) withhold from veterans any VA decision awarding a large amount of retroactive benefits and (b) send the decision to VA officials in Washington, D.C. to allow them to review and modify the large award without the knowledge or participation of the veteran-claimant.
Liesegang v. Secretary of Veterans Affairs
In December 2002, the U. S. Court of Appeals for the Federal Circuit ordered the VA to assign May 8, 2001, rather than July 9, 2001, as the effective date for an award of benefits under the VA’s Agent Orange diabetes regulation, and to pay two months of additional disability benefits (an aggregate of over …
Liesegang v. Secretary of Veterans Affairs In December 2002, the U. S. Court of Appeals for the Federal Circuit ordered the VA to assign May 8, 2001, rather than July 9, 2001, as the effective date for an award of benefits under the VA’s Agent Orange diabetes regulation, and to pay two months of additional disability benefits (an aggregate of over $10 million) to 14,000 Vietnam veterans suffering from type 2 diabetes.
McClain v. Nicholson
In 2007, the U.S. Court of Appeals for Veterans Claims (CAVC) established a court precedent prohibiting VA from denying disability benefits simply because the veteran did not continuously suffer from the disability throughout the entire course of VA’s handling of a claim. This is important because, at times, it takes VA …
McClain v. Nicholson In 2007, the U.S. Court of Appeals for Veterans Claims (CAVC) established a court precedent prohibiting VA from denying disability benefits simply because the veteran did not continuously suffer from the disability throughout the entire course of VA’s handling of a claim. This is important because, at times, it takes VA many years to make a final decision on a claim. The court ruled that to satisfy the requirement of a “current disability,” the veteran only needs to have suffered from the claimed disability at some point between the filing of the claim and the VA’s final decision.
Gutierrez v. Principi
In 2004, the U.S. Court of Appeals for Veterans Claims (CAVC) established the binding precedent that to be entitled to disability compensation for an undiagnosed illness, veterans of the Persian Gulf War or the wars in Iraq or Afghanistan, do not need to submit objective medical evidence or prove the illness…
Gutierrez v. Principi In 2004, the U.S. Court of Appeals for Veterans Claims (CAVC) established the binding precedent that to be entitled to disability compensation for an undiagnosed illness, veterans of the Persian Gulf War or the wars in Iraq or Afghanistan, do not need to submit objective medical evidence or prove the illness is connected to service.
Wood v. Secretary of Defense
In 1980, the U.S. District Court for the District of Columbia granted a class action order requiring the Navy, Marine Corps and Air Force to upgrade the less than honorable discharges issued to hundreds of veterans because of their purely civilian conduct while they were in the inactive reserves, when they had no …
Wood v. Secretary of Defense In 1980, the U.S. District Court for the District of Columbia granted a class action order requiring the Navy, Marine Corps and Air Force to upgrade the less than honorable discharges issued to hundreds of veterans because of their purely civilian conduct while they were in the inactive reserves, when they had no military duties other than to keep the military apprised of their current address.
Giles v. Secretary of the Army
In 1980, the U. S. Court of Appeals for the District of Columbia Circuit issued a class action order requiring the Army to upgrade to honorable the derogatory discharges illegally issued to over 7,000 Vietnam veterans.
Giles v. Secretary of the Army In 1980, the U. S. Court of Appeals for the District of Columbia Circuit issued a class action order requiring the Army to upgrade to honorable the derogatory discharges illegally issued to over 7,000 Vietnam veterans.
Ongoing Mission and Partnerships
Central to NVLSP’s mission is training advocates in the field of veterans law, to allow those advocates to efficiently help veterans secure benefits from the Department of Veterans Affairs (VA).
NVLSP partners with several state departments of Veterans Affairs and with organizations like Vietnam Veterans of America and the Military Officers Association of America to maintain the training of their VA-accredited representatives with the latest advocacy techniques. This collaboration includes continuous live and recorded training and professional development programs for veterans service officers (VSOs), claims agents, and attorneys accredited to represent veterans before the VA. NVLSP offers training on various veterans law topics that are approved for continuing legal education (CLE) credit by the Virginia State Bar and also has an online Basic Training Course on veterans benefits, ensuring that training is available to all who need it.
NVLSP meets its mission goals through ongoing recruitment, mentorship, and training of veterans advocates, as well as through the publication of advocacy materials. This advocacy material continues to arm thousands of volunteer attorneys and advocates with the knowledge needed to successfully represent veterans, at no cost, before the courts, VA, and military discharge review boards. Today, over 40 years after our founding, NVLSP remains dedicated to ensuring that the government delivers to our nation’s 18 million veterans and active-duty personnel the benefits to which they are entitled.