Federal Class Action Certified - March 2026

Was Your VA Disability Appeal Closed Without Notice?

A federal class action just revealed that the VA erroneously closed tens of thousands of veterans' disability appeals using a faulty automated system. Many veterans waited years for a Board decision that was never coming. If that sounds familiar, your appeal may have been one of them.

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The VA Closed Thousands of Appeals and Never Told a Single Veteran

Between 1990 and 2025, the VA used an automated system called VACOLS to track disability appeals. Every month, it ran an automated sweep that closed any appeal where the database didn't show a timely filed Substantive Appeal.

The problem: the VA was chronically slow to update its own records. On average, it took 43 days to log incoming documents. Veterans who filed everything on time still had their appeals shut down because the paperwork hadn't been entered into the system yet.

The VA never notified these veterans. No letter. No phone call. Nothing. Their appeals just sat frozen in a closed file, indefinitely.

These veterans believed their appeals were simply waiting in line for a Board decision. They had no reason to suspect the VA had already closed their case behind the scenes.

                The VA's own Inspector General confirmed that more than 1 in 6 of these automated closures were erroneous.
            

A Federal Court Is Forcing the VA to Fix This

In March 2026, the U.S. Court of Appeals for Veterans Claims certified Freund v. Collins as a class action (Case No. 21-4168). Under the proposed settlement, the VA must:

Audit 28,258 appeal files flagged as potentially having a timely Substantive Appeal despite being closed
Send individualized notice to 64,599 additional veterans whose files contain documents that may qualify as timely appeals
Reactivate every appeal confirmed to have been erroneously closed
Notify affected veterans of next steps, including their rights, what evidence they can submit, and what to expect

The proposed settlement also gives veterans one year after court approval to raise the issue with the VA if their appeal wasn't captured in the initial audit.

This May Apply to You If...

You may be affected if all of the following are true:

You (or a family member) filed a VA disability claim that was denied
You disagreed with the decision and filed a Notice of Disagreement under the legacy appeals system
You received a Statement of the Case and filed a Substantive Appeal (VA Form 9)
Your appeal was in the legacy system (decisions issued before February 19, 2019)
You never received a final decision from the Board of Veterans' Appeals
You were never told your appeal had been closed

This also applies to surviving spouses, children, and dependents of veterans whose appeals may have been affected. If your loved one passed away while waiting for a decision that never came, their appeal may still be eligible for reactivation.

Find Out If You're Affected

Or call: (855) 000-0000

Don't Wait for the VA to Find You

The VA is required to notify veterans in the 64,599-file group, but that process takes time. And if your appeal wasn't captured in either the 28,258 or 64,599 groups, you only have one year after the settlement is approved to raise the issue yourself.

After that window closes, your ability to get your appeal reactivated through this settlement may be gone.

Here's the reality: the VA isn't going to call you. They didn't notify veterans when they closed these appeals, and there's no guarantee they'll reach every affected veteran now. If you think your appeal was closed without notice, the safest thing you can do is have an attorney review your file.

We'll Review Your Case and Fight to Get Your Appeal Back on Track

Hill & Ponton has represented veterans in VA disability claims for over 40 years. Here's what happens when you contact us:

Free Case Review

We review your VA claims history to determine whether your legacy appeal was erroneously closed in VACOLS. No cost. No obligation.

File Identification

If your appeal was affected, we identify whether your file falls within the 28,258 audit group, the 64,599 notice group, or needs to be raised directly with the VA within the settlement window.

Representation

We represent you through the appeals reactivation process. That means handling the paperwork, communicating with the VA, submitting evidence, and making sure your appeal actually gets decided.

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Call us directly: (855) 000-0000

Common Questions

"Do I have to be part of the class action to get help?"

No. Whether or not you're formally part of the Freund class, if your legacy VA appeal was closed without notice, you may have options. We can review your situation and advise you on the best path forward.

"What does it cost?"

The case review is free. If we take your case, we work on a contingency basis. You pay nothing unless we win.

"I'm not sure if I filed a Substantive Appeal. Can you still help?"

Yes. Many veterans aren't sure what forms they filed decades ago. We can pull your VA records and determine whether a Substantive Appeal was filed and whether your appeal was closed erroneously.

"My family member passed away. Is it too late?"

Not necessarily. Surviving spouses, children, and dependents can pursue these claims. If the veteran's appeal was erroneously closed, a qualified substitute can step in to continue the appeal.

Free Case Review

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You Did Everything Right. The VA Dropped the Ball.

You filed your claim. You appealed. You waited. The VA closed your case without telling you and left you in the dark for years. A federal court has now confirmed this happened to tens of thousands of veterans. You deserve to have your appeal heard.

Get Your Free Case Review Now

Or call: (855) 000-0000