PRINCIPLE CASES

Bonny v. Principi, 16 Vet. App. 504 (2002) - established the right of surviving spouses to receive all money due and unpaid to a veteran who died while his or her claim was being decided. Before this decision, VA only paid two years worth of benefits to surviving spouses and kept the remainder.

In Re Department of Veterans Affairs (VA) Data Theft Litigation, D.C. Dist. No. 06-0506 (2009) (the “laptop” case) - as co-lead counsel obtained a $20 million settlement in a class action on behalf of all veterans whose personal information was lost when a laptop was stolen from the home of a VA employee.  Over $14 million of the settlement funds went to Fisher House and Intrepid Fund to benefit veterans and their families suffering financially as a result of their service to the country.

Pousson v. Shinseki, 22 Vet. App. 432 (2009) - challenged VA repeated delays in obtaining the veteran’s records so that his appeal could be heard by the Court.  Established that the Secretary must comply with the Court’s rules and ordered sanctions against the Secretary for gross negligence.

Harvey v. Shinseki, 24 Vet. App. 284 (2011) - as amicus curiae (friend of the Court) helped establish that claimants have a right to “expeditious treatment” of cases remanded from the Court and the Board.  Before this case, VA treated remands the same as any other claim waiting for a decision.

Freeman v. Shinseki, 24 Vet. App. 404 (2011) - established a veteran’s right to challenge the appointment of a VA fiduciary after a declaration that the veteran cannot handle his or her finances.  Before this decision, VA claimed that there was no right of appeal and that VA’s fiduciary program actions were not reviewable by any court.

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