December 30, 1999

WASHINGTON -- In a legal move that leaves veterans seeking a fair disability hearing by the Department of Veterans Affairs in a "Catch 22" situation, the United States Court of Appeals for the Federal Circuit refused to grant the motion that would have stopped a recent VA change in procedures that severely impacts veterans.

On Aug. 30, without any prior notice, the VA ordered its regional offices to refuse to help a veteran seeking access to health records in order to apply for disability compensation. The problem lies in the fact that the VA itself cannot rule if the case is "well grounded" without reviewing the very records the veteran being denied access needs to make the application in the first place.

"This is the classic 'Catch 22' situation so aptly portrayed by the late author Joseph Heller," said American Legion National Commander Alan G. Lance, Sr. "VA personnel cannot assist veterans in developing their claims until the veterans establish, on their own, that their claims are well grounded. What kind of holiday gift is this to those who gave up so much in service to America?"

The American Legion filed the motion to temporarily stop the Department of Veterans Affairs from implementing the denial of assistance until the full court could hear the case. On Tuesday, Circuit Judge Alvin A. Schall denied the request, thereby denying veterans the interim help needed to evaluate their legitimate claims.

"We will continue this lawsuit and investigate and pursue all avenues to restore the right of our veterans to have access to all information needed to ensure a fair hearing," said Lance.

"Whatever it takes, we will not fail our fellow veterans in making sure the government and the Department of Veterans Affairs live up to all of their obligations to America's veterans."

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