[20191211]LSB10376_一支由许多人组成的军队：退伍军人福利在美国退伍军人索赔上诉法院的集体诉讼.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i An Army of Many: Veterans Benefits Class Actions in the U.S. Court of Appeals for Veterans Claims Updated December 11, 2019 Update 12/11/2019: On December 6, 2019, the U.S. Court of Appeals for Veterans Claims issued a decision in Skaar v. Wilkie certifying a class action in an appeal of a Board of Veterans Appeals decision regarding disability compensation based on in-service exposure to ionizing radiation. The majority reasoned that, “absent any express indication from either Congress or the U.S. Court of Appeals for the Federal Circuit” that the court lacked the authority to do so, it would employ class action procedures in appeals. The certified class includes veterans whose claims have been denied by the U.S. Department of Veterans Affairs (VA); veterans whose claims are pending before VA; and veterans who have not yet filed VA claims. One judge dissented in part, arguing that the majority improperly included veterans who had not yet filed claims, while excluding other veterans who could no longer appeal previously denied claims. Three judges dissented in full, arguing that the cour