On November 16, the Ninth Circuit granted VA’s petition to vacate its May 2011 ruling and to appoint an 11-judge panel to reconsider the case in a proceeding known as “en banc review.” The oral argument will be held on December 13 at 12:30 p.m. in the Ninth Circuit’s San Francisco courthouse at 7th and Mission Streets.
What are the implications of this ruling:
- Do veterans have a constitutional right to due process for their earned disability compensation and healthcare or will the court decide that veterans do not?
- Will the Department of Veterans Affairs be held accountable to follow clear, consistent, and fair procedures?
- Will veterans be denied the right to class action lawsuits for discrimination or denial of earned benefits or systemic failures to process claims in a clear and timely manner?
- Will veterans organizations be permitted to represent and litigate on behalf of their veterans clients?
If the en banc panel decides in favor of the VA, it may severely curtail veterans rights and those organizations who advocate on their behalf.
It is important that we have veterans in attendance to demonstrate our solidarity for veterans seeking redress from the VA.