Could Freund v. Collins Affect Your Old VA Appeal?

A class action involving improperly closed VA appeals could give some veterans another opportunity to have older appeals reviewed.

In Freund v. Collins, the U.S. Court of Appeals for Veterans Claims certified a class involving certain claimants whose legacy VA appeals were closed because the Department of Veterans Affairs determined that a timely Substantive Appeal had not been filed.

The Court certified the class on March 18, 2026, and VA published notice of a proposed settlement on April 15, 2026. The next major development is scheduled for August 13, 2026, when the Veterans Court will hold a fairness hearing to consider whether the proposed settlement should be approved.

For potentially affected veterans, however, reopening an old appeal may only be the beginning. Questions about the underlying disability claim, effective date, rating, and potential retroactive benefits may still need to be addressed.

Stevens & Sullivan LLC is not class counsel in Freund v. Collins. Our commitment is to help veterans with their individual VA disability issues that may remain outside the class action, including the underlying claim, disability rating, effective date, TDIU, and potential retroactive benefits. If an older appeal is restored, our team can help evaluate what comes next and what benefits may still need to be pursued.

What Is Freund v. Collins?

Freund v. Collins concerns certain VA benefits claimants whose appeals were closed under VA’s legacy appeals system because VA determined that they had not filed a timely Substantive Appeal.

Under the former appeals system, a Substantive Appeal generally allowed a claimant to continue an appeal to the Board of Veterans’ Appeals after receiving a Statement of the Case.

The Freund litigation addresses situations in which a claimant may have submitted that appeal on time, but VA did not properly process it.

If a timely appeal was received but never processed, the veteran may have lost the opportunity to have the underlying benefits decision reviewed.

Which VA Appeals Could Be Affected and What Happens Next?

According to VA’s April 15, 2026 notice, the Freund class generally involves certain legacy appeals that remain closed after VA determined a timely Substantive Appeal had not been filed. The affected period extends from December 12, 1990, through February 6, 2025.

Under the proposed settlement, some appeals could potentially be reactivated if VA determines that a timely appeal was received but not properly processed. The settlement is not yet final, with a fairness hearing scheduled for August 13, 2026.

For affected veterans, however, reopening an appeal may only be the first step. Freund does not automatically determine whether the veteran is entitled to the underlying VA disability benefits.

If an appeal is restored, individual issues involving service connection, disability ratings, TDIU, effective dates, or potential retroactive benefits may still need to be resolved. This is where reviewing the veteran’s complete claim history can become particularly important.

Depending on the original case, questions may remain about:

• whether a disability should be service connected;
• what disability rating should have been assigned;
• whether the evidence supports an increased rating or another benefit;
• whether TDIU may be applicable;
• what effective date should apply; and
• whether a favorable decision could result in retroactive VA benefits.

For some veterans, resolving those individual issues could ultimately be just as important as restoring the appeal itself.

Does Class Counsel Handle a Veteran’s Individual VA Disability Claim?

The Veterans Court has appointed class counsel to represent the interests of the certified class in the Freund litigation.

However, representation in a class action and representation of an individual veteran’s underlying VA disability claim are not necessarily the same thing.

The Veterans Court’s rules distinguish class counsel’s role in representing the class before the Court from representation of individual class members before VA.

That distinction may become particularly important if an older appeal is reactivated. Freund may help determine whether an appeal should have remained open, but additional work may still be necessary to determine whether the veteran is entitled to the disability benefits originally sought.

Veterans may therefore want to consider not only whether Freund affects an old appeal, but also what issues remain unresolved in the underlying VA disability claim.

Could a Reopened Appeal Result in VA Back Pay?

Potentially, but reopening an appeal does not automatically establish entitlement to retroactive compensation.

If an older appeal is restored and the underlying claim is eventually decided favorably, the history of that appeal may become important when VA determines the appropriate effective date.

The effective date generally helps establish when benefits should begin and, as a result, how much retroactive compensation may be owed.

For example, a favorable decision involving service connection, a higher disability rating, or TDIU could potentially result in back pay if VA determines that the benefit should have been effective during an earlier period.

Because some appeals potentially affected by Freund date back many years, effective-date questions could become particularly important in individual cases.

However, every claim has its own procedural and factual history. Reopening a decades-old appeal does not necessarily mean a veteran will receive decades of back pay.

How Stevens & Sullivan Can Help With an Older VA Appeal

Stevens & Sullivan is not class counsel in Freund v. Collins. We help veterans address the individual VA disability issues that may remain when an older claim or appeal is reviewed.

Depending on the circumstances, that may include reviewing the history of a veteran’s VA claim and appeal, evaluating the underlying disability issue, examining the effective date assigned by VA, and determining whether additional benefits or retroactive compensation may be available.

For a veteran whose appeal may be affected by Freund, understanding whether the appeal should be restored may be one part of the process. Understanding what benefits the veteran may ultimately be entitled to can be another.

What Happens Next in Freund v. Collins?

The next major date is August 13, 2026, when the Veterans Court is scheduled to hold a fairness hearing regarding the proposed settlement.

Until the Court rules, the settlement remains proposed and veterans should not assume that the procedures described in the agreement are final.

Was an Older VA Appeal Closed?

If you previously appealed a VA disability decision and believe your appeal may have been closed without being properly resolved, reviewing the history of the appeal can help clarify what happened and what issues may still remain.

If an older appeal is restored, questions involving service connection, disability ratings, effective dates, TDIU, and potential retroactive benefits may still need to be addressed.

Stevens & Sullivan helps veterans evaluate VA disability claims and appeals based on their individual claim history. Contact our team or complete our Free Case Evaluation to discuss your case.

Need Help with Your VA Disability Claim?

At Stevens & Sullivan, we represent veterans in VA disability claims and appeals, including cases involving incorrect disability evaluations, effective dates, and retroactive benefits.

If you have questions about an older VA appeal, an effective date, or a VA disability decision, contact our office today at 404-467-9017 to schedule a consultation or complete a Free Case Evaluation to learn how we can help with your VA disability claim.