Court rules VA must pay for veterans' emergency room care
Custom Search
Court rules VA must pay for veterans' emergency room care
WASHINGTON 10 September 2019 — The Department of Veterans
Affairs must reimburse veterans for emergency medical care at non-VA
facilities, a federal appeals court ruled Monday — a decision that could
be worth billions of dollars to veterans.

The U.S. Court of Appeals for Veterans Claims said the VA has been
wrongfully denying reimbursement to veterans who sought emergency
medical care at non-VA facilities, and struck down an internal VA
regulation that blocked those payments.

"All of this is unacceptable," said the ruling, which ordered the VA
secretary to "readjudicate these reimbursement claims."
Plaintiffs' lawyers say that based on past estimates by the VA, the
department is now on the hook for between $1.8 billion and $6.5 billion
in reimbursements to hundreds of thousands of veterans who have
filed or will file claims between 2016 and 2025.

The Official Ruling
It is ORDERED that the Wolfe Class is certified as defined here:
"All claimants whose claims for reimbursement of emergency
medical expenses incurred at non-VA facilities VA has already
denied or will deny, in whole or in part, on the ground that the
expenses are part of the deductible or coinsurance payments for
which the veteran was responsible."

It is further ORDERED that Mark B. Blocker, Esq., of Sidley Austin
LLP, and Barton F. Stichman, Esq., of the National Veterans Legal
Services Program, are appointed as class counsel.

It is further ORDERED that 38 C.F.R. § 17.1005(a)(5) is invalid
because it is contrary to 38 U.S.C. § 1725.

It is further ORDERED that the Secretary's decisions made under §
17.1005(a)(5), to the extent they denied reimbursement to Wolfe
Class members for medical expenses deemed deductibles or
coinsurance, in whole or in part, are invalid.

It is further ORDERED that Secretary must readjudicate these
reimbursement claims under section 1725's proper interpretation.

It is further ORDERED the Secretary stop sending its corrective
letters immediately because they contain incorrect statements of
what the law is, namely: "It is important to note that VA has no legal
authority to pay a Veteran's cost shares, deductibles, or copayments
associated with their other health insurance."

And it is further ORDERED that within 45 days of the date of the order
the Secretary prepare and submit to the Court for approval a plan for
providing notice to veterans affected by the provision of notice that
contained an incorrect statement of the law concerning reimbursement
of costs for non-VA emergency care. (GREENBERG, ALLEN and

Court Ruling 18-6091>>  View the 2019 Military Pay Charts ->
This is not a Government Sponsored website
Custom Search
Army NCO Counseling Pack All in one Updated August 2019

Counseling Soldiers has always been a challenge for new Noncommissioned
Officers so our team of NCOs has created over 60 Counseling Statement
Examples with updated forms and regulations to provide all NCOs the best
resource needed to produce clean and to the point counseling statements.
Product features include:

  • Over 60 Counseling Statement Examples in PDF Format
  • Free Quarterly Updates sent to you by Email
  • 24/7 Support via Email and Live Chat
  • Download to your Smart Phone or Tablet so you can work anywhere
  • Includes the Army Legal Handbook, Senior NCO and NCOER Guides
  • Money Back Guarantee

New Product Sale $5.00 (Retail $59.99)
Time remaining to Order at sale price
Late For Duty
Soldier Debt
Overweight Counseling
APFT Failure
Under Age Drinking
Failure to Report
Diagnostic APFT Failure
Low APFT Score Prior to BLC
Overweight Prior to BLC
Excess Leave
Travel Pass
Monthly Overweight
Safety Counseling
Magic Statement
Failure to Conduct Risk Assessment
Disobeying an Order
Drunk on Duty
Letter of Reprimand
Negligent Weapons Discharge
Emergency Leave
Motorcycle Safety
Redeployment Safety
Improper Use of Prescription Drugs
Underweight Counseling
Off Limits Areas
No Contact Order
Inappropriate Relations
Protective Order
Monthly Counseling
BLC Counseling
Family Care Plan
Initial Counseling PVT-SPC
Promotion Counseling
Loss Military Property
Domestic Issues
Lost Military ID Card
Bar To Reenlist
Government Travel Card
Corrective Training
Initial Family Care Plan
Invalid Family Care Plan
NCO Quarterly Counseling
Tuition Assistance
AWOL Letter Home
AWOL Point Paper
GT Score Improvement
Off Duty Employment
Initiate FLAG
Transfer FLAG
Marriage Counseling
Good Job Counseling
Good Conduct Medal Not Approved
Failure to Follow the Chain of Command
Late/Failed Appointments
Includes the following Counseling Examples:
Court rules VA must pay for veterans' emergency room care