Notice of proposed settlement agreement for VA benefits claimants whose timely, substantive appeals have not been processed

On March 18, 2026, the U.S. Court of Appeals for Veterans Claims (court) certified the Freund v. Collins lawsuit (Freund) as a class action. The court also appointed counsel to represent the certified class’s interests (class counsel).

The Freund lawsuit’s parties have filed a proposed classwide settlement agreement (proposed class settlement), which the court will review to ensure that it is fair, reasonable and adequate. If the court approves the proposed class settlement, the settlement’s terms will bind VA and all of the certified class’s members.

The court ordered VA to provide notice of the proposed class settlement and of class members’ right to object to it if they believe the proposed class settlement’s terms to be unfair, unreasonable or inadequate.

Does this notice pertain to me?

The class that the court certified in Freund consists of “all claimants with an appeal file in the Veterans Appeals Control and Locator System (VACOLS) that has been closed in the period between December 12, 1990, and February 6, 2025, due to the lack of a timely filed Substantive Appeal and which appeal remains closed.”

This means that you are a Freund class member if you are a VA benefits claimant whose case was closed between Dec. 12, 1990, and Feb. 6, 2025, on grounds that you did not file a timely Substantive Appeal, and your case is still closed (original claimant). Alternatively, you are a class member if you have substituted or are eligible to substitute in as claimant for a class member (substitute claimant). If you are a Freund class member, this notice pertains to you.

• What is VACOLS? VACOLS is an electronic database for VA to track and to control benefits claimants’ appeals in VA’s “legacy” system.
• What is a Substantive Appeal? A Substantive Appeal is a filing that a claimant could make in VA’s “legacy” system. It permitted the claimant to appeal benefits decisions to VA’s highest tribunal, the Board of Veterans’ Appeals (Board).
  
  What is a Substantive Appeal? A Substantive Appeal is a filing that a claimant could make in VA’s “legacy” system. It permitted the claimant to appeal benefits decisions to VA’s highest tribunal, the Board of Veterans’ Appeals (Board).
  
  The Substantive Appeal’s place in VA’s “legacy” system was as follows: If a claimant notified VA that the claimant disagreed with a benefits decision, VA generally had to issue a “Statement of the Case” summarizing the evidence, applicable laws and reasons for VA’s determination(s) with respect to which the claimant expressed disagreement. If the claimant desired Board review after receiving the Statement of the Case, the claimant generally had to file a document with VA communicating that desire within either one year of the date of VA’s initial decision or 60 days from the date of the Statement of the Case. That filing was the Substantive Appeal. 

• Notes:
  • The Freund class definition refers only to Substantive Appeals, not any other VA filings. This means that Substantive Appeals are the only kind of VA filing that would cause any individual to be a Freund class member.
  • The Substantive Appeal is a filing specific to VA’s “legacy” appeals system and was made in response to a Statement of the Case, within either one year of the date of VA’s initial decision or 60 days from the date of the Statement of the Case. For a claim to be within VA’s “legacy” appeals system, VA must have issued its initial decision regarding the claim before Feb. 19, 2019. This means that you (or, if you are a substitute claimant, then the original claimant) only would have filed a Substantive Appeal if the claim was initially decided before Feb. 19, 2019, and led to a Statement of the Case. If the claim is within VA’s newer appeals system (the Veterans Appeals Improvement and Modernization Act of 2017, or “AMA,” system) or otherwise has not led to a Statement of the Case, then the claim is not one that would cause any individual to be a Freund class member.

What is the proposed class settlement?

In connection with the Freund lawsuit, VA has attempted to identify potential class members. VA has done so using a search methodology that class counsel has reviewed on class members’ behalf. Under the proposed class settlement, VA would take certain actions with respect to closed appeal files that it identified when searching for potential class members. VA also would take the same actions with respect to additional individuals who come forward as Freund class members.

In particular, under the proposed class settlement, VA would:

• Manually review, in search of timely Substantive Appeals, each of 28,258 appeal files that VA has identified as being closed while having one or more documents that a VA system of records, the Veterans Benefits Management System (“VBMS”), indicates as potentially having a timely Substantive Appeal;
• Reactivate each such appeal file that contains a timely Substantive Appeal;
• Notify the claimant of each such reactivation;
• Complete these actions in under 18 months; and
• Process the reactivated cases expeditiously.

VA would also, upon request, review additional cases for a timely Substantive Appeal and potential reactivation. To make such a request, a class member would need to affirmatively raise with VA the prospect that their timely Substantive Appeal was not processed. Under the proposed class settlement, VA would send individualized notices to claimants for up to 64,599 closed appeal files of the right to seek such review. These are appeal files that met most but not all of the parameters that VA used when searching for potential class members.

The proposed class settlement is a public record. You may access a copy of it for free through Freund’s public docket sheet, which can be found in the court’s Case Management / Electronic Case Filing System (https://efiling.uscourts.cavc.gov) by searching for case number 21-4168. The parties filed the proposed class settlement on December 16, 2025. 

Am I required to do anything?

No. If you do nothing, and the court approves the proposed class settlement, your case may receive the review or notice described above. You would be bound by this settlement, though VA has committed to reactivating any case in which it becomes aware of a timely Substantive Appeal that was not processed.

What if I object to the proposed class settlement?

If you object to the proposed class settlement, by May 15, 2026 you must send an explanation of your objection by email to freundobjection@carpenterchartered.com or by mail to:

John D. Niles

Carpenter Chartered

P.O. Box 2099

Topeka, KS  66601

Attn: Freund Objection

Also include:

• Your full name and reference number “Freund, 21-4168.” 
• Your objection will be conveyed to the court, which will hold a hearing to determine if the proposed class settlement is fair, reasonable and adequate.

Whom do I contact with questions about Freund?

Class counsel is John D. Niles. His best contact information for Freund-related inquiries is by email to freundclass@carpenterchartered.com or by mail to

John D. Niles

Carpenter Chartered

P.O. Box 2099

Topeka, KS  66601

Attn: Freund Inquiry

You can also contact your VA-accredited attorney or representative, if you have one.

Please do not contact the court directly with Freund-related inquiries. The court is part of the United States judiciary. It is not part of VA, and individuals should not expect the court’s staff members to be able to respond to Freund-related inquiries.