More than 90,000 veterans and surviving family members are covered by a proposed class action settlement in Freund v. Collins, a case over disability appeals that were closed in error in the Department of Veterans Affairs’ tracking system.
A federal court will decide whether to grant final approval at an Aug. 13 fairness hearing in Washington. If approved, appeals closed as far back as 1990 could be reactivated, and successful claims could receive back pay to the original filing date.
The case involves the Veterans Appeals Control and Locator System (VACOLS), which tracked appeals under the VA’s legacy system for claims initially decided before Feb. 19, 2019. Under that process, veterans had to file a substantive appeal after receiving a statement of the case. If a VA employee did not properly record that filing in VACOLS, the system could automatically close the appeal without notifying the claimant.
“To the veteran, it was silence,” Jim Fausone, managing partner of Legal Help for Veterans, told Stars and Stripes.
A 2023 VA report to Congress said 2,893 of 3,806 closed appeals reviewed required reactivation. The certified class covers appeals closed between Dec. 12, 1990, and Feb. 6, 2025.
The named petitioners were Army veteran J. Roni Freund and Mary Mathewson, the widow of Army veteran Marvin Mathewson. Both veterans had filed timely substantive appeals, according to the lawsuit, but their cases were closed. Freund and Mathewson petitioned the U.S. Court of Appeals for Veterans Claims in June 2021. The court initially dismissed the case and declined to certify a class. The VA later reactivated both appeals. The Federal Circuit reversed in August 2024, and the Veterans Court certified the class on March 18, 2026.
Under the proposed settlement, the VA would automatically review 28,258 files flagged as likely containing a timely substantive appeal and notify claimants if cases qualify for reactivation. Up to 64,599 additional claimants would receive letters and would need to request review.
The VA began sending notices in April. Claimants who receive a letter referencing Freund v. Collins, Case No. 21-4168, can seek help from class counsel John D. Niles at freundclass@carpenterchartered.com, or from a VA-accredited attorney or veterans service organization. The court said it cannot help with individual claims.