90,000 Veterans Could Get Their VA Appeals Reopened — What You Need to Know 

Freund v. Collins is a major court case that may reopen some VA disability appeals dating back more than 30 years. If you or a loved one filed an appeal and then heard nothing, this news matters to you. 

What happened in the Freund v. Collins court case? 

A system called VACOLS tracked appeals under the old “legacy” process (for claims first decided before February 19, 2019). Every month, VACOLS automatically closed appeals if it didn’t see that you submitted the proper form to officially continue to pursue your appeal.

Some Veterans did everything they were supposed to do, but if the VA didn’t scan the paperwork quickly enough, or they entered the wrong date, or mislabeled your documents, the computer system sometimes treated the appeal as if the Veteran had missed the deadline. The system closed those appeals without sending a notice. To the veteran, it looked like silence. 

Freund v. Collins is a lawsuit that pushed the VA to fix this. Now, more than 90,000 veterans and surviving family members may be covered by a proposed settlement. In some cases, the appeals would automatically be re-opened to pick up where it left off. In other cases, you may receive a letter that would give you a chance to ask for another review. In either case, Berry Law can help you. 

Who could be affected by the Freund v. Collins settlement? 

If you filed an appeal to a denied VA claim between December 12, 1990, and February 6, 2025, and that appeal seemed to “vanish,” you could have another opportunity—even if it was decades ago. 

Surviving spouses and dependents can step in and continue a deceased veteran’s appeal under certain circumstances. 

What does the Freund v. Collins settlement do? 

If the court approves the deal at a hearing scheduled for 10 a.m. on August 13, 2026, the VA must reactivate eligible appeals. When an appeal is reactivated, it picks up where it left off. It does not start over. 

If you win, you may receive back pay all the way to your original filing date. Check out Berry Law’s Back Pay Calculator to estimate what could be owed to you. Remember that every case is different, and your back pay might not match the calculator’s estimate. 

The VA would separate Veterans, Surviving Spouses, and Dependents into Two Groups 

• Group 1: About 28,258 files look like an appeal was filed correctly and on time despite being closed. VA will manually review and reactivate qualifying appeals. Veterans in this track do not need to take action. VA aims to finish this work in under 18 months. 

• Group 2: Up to 64,599 files have weaker signs. VA will mail individualized letters. If you get a letter, you must respond and ask VA to review your file. 

What you can do now 

• Check your mail. If you get a letter mentioning Freund v. Collins, Case No. 21-4168, it is not junk mail. Respond before the deadline in the notice. 
• If you do not get a letter, but your legacy appeal went silent, you may still have options. The settlement gives claimants roughly a year after the court’s final approval to come forward. 
• One of Berry Law’s VA-accredited attorneys can review your file and help you with the next steps. 
• Reopening tens of thousands of appeals will add work to an already busy Board of Veterans’ Appeals. Even with reactivation, decisions may take time—possibly years—but your case will be active again.

How Berry Law can help 

• Berry Law can check if you are in one of the affected groups. 

• We can watch for your letter and help you respond. 

• If you’re a surviving spouse or dependent, we can advocate for your case to move forward and protect your back pay rights. 

If your appeal went quiet and you never got an answer, this settlement may finally fix that. Reach out if you want a free review of your situation. This post is for information only and does not create an attorney-client relationship.