The Freund Class Action Lawsuit: What Veterans Need to Know Right Now (April 2026)
April 20, 2026
Many veterans lost access to their VA appeals not because they missed a deadline — but because of VA administrative and computer errors. In plain terms, veterans followed the rules — and still lost their appeals. The Freund v. Collins class action lawsuit addresses exactly that problem, and it may reopen decades‑old legacy appeals for tens of thousands of veterans.
If your appeal was closed long ago and never seemed to go anywhere, this case could matter to you.
Here’s what veterans — and those helping them — should understand right now.
What Is Freund v. Collins?
The Freund v. Collins case centers on an administrative error where the VA’s electronic tracking system, known as the Veterans Appeals Control and Locator System (VACOLS), improperly closed thousands of veterans’ disability appeals for decades.
The VA closed these appeals because the system believed a Substantive Appeal was not filed on time — even when evidence suggests it may have been. In some cases, VA has already reactivated appeals that were wrongly closed — but the Freund class action lawsuit specifically addresses those appeals that remain closed today.
These errors date back to 1990, when VACOLS was first implemented.
According to federal court findings and VA’s own notices, many appeals were closed because the VA:
- Failed to scan or upload documents in time
- Entered incorrect receipt dates
- Misidentified documents (faxed filings were especially vulnerable)
To the system, it looked like nothing was filed. To the veteran, it was silence. VACOLS would automatically close the appeal during a monthly sweep — often without the veteran ever knowing. There was no hearing, no warning, and often no notice at all.
How Many Veterans Are Affected?
VA has already acknowledged the scale of the problem:
- 28,258 appeal files were flagged for mandatory audit because they appear to include a timely Substantive Appeal
- 64,599 additional files were found containing documents that could qualify as Substantive Appeals
When VA reviewed a sample of these cases during litigation, nearly 70% were found to have been wrongly closed.
That means many veterans waited years — or decades — for decisions that were never going to come.
What Is the Proposed Settlement?
If approved by the Court, the settlement would require VA to:
- Audit thousands of closed legacy appeal files
- Send individualized notices to affected veterans or survivors
- Reactivate appeals that were wrongly closed
- Process those appeals as if they were never closed
Veterans whose appeals are reactivated will not have to re‑file the original claim stream. In other words, the clock doesn’t reset — the VA has to pick up where it left off. Additionally, even veterans whose appeals were not identified in VA’s initial search may still raise the issue. Under the proposed settlement, claimants generally have 365 days after final court approval to notify VA that their appeal may have been wrongly closed.
Who Is Eligible for the Class Action Settlement?
If you filed an appeal years ago and it seemed to disappear, this may explain why. You may be part of the Freund class action lawsuit if:
- You (or a substitute claimant) filed a legacy appeal
- VA closed the appeal between December 12th, 1990, and February 6th, 2025
- VA said the appeal was closed due to a late or missing Substantive Appeal
- The appeal remains closed today
Importantly, a Substantive Appeal does not have to be a VA Form 9. Any written document that clearly showed an intent to continue the appeal can qualify. This matters because many veterans were never told exactly how formal their response needed to be.
What Should Veterans Do Right Now?
- Watch for Mail from the VA
- VA began mailing notices in April 2026. If you receive one, do not ignore it — even if your appeal is very old. These notices may be the only signal a veteran ever receives that their appeal was wrongly closed.
- Pay Attention to Deadlines
- Once the Court issues its final order:
- Veterans will generally have 365 days to raise the issue with the VA
- The VA will then have specific deadlines to review and reactivate qualifying appeals
- Consider Having Your File Reviewed
- Identifying these errors often requires reviewing:
- Statements of the Case
- Substantive Appeal submissions
- Whether VA ever certified, docketed, or decided the appeal
- Identifying these errors often requires reviewing:
- Once the Court issues its final order:
Once the VA identifies an appeal as having been wrongly closed, it has committed to reactivating that appeal and issuing a reactivation notice on a rolling basis.
Key Dates to Know
- March 18th, 2026: Freund class certified
- April 15th, 2026: VA published settlement notice
- May 15th, 2026: Deadline to object to settlement
- June–July 2026 (estimated): Court fairness hearing
- After approval: VA audits and reactivations begin
Bottom Line for Veterans
The Freund class action lawsuit is about correcting past administrative failures, not creating new benefits. If the VA closed your appeal because its own system mishandled your paperwork, that closure may now be undone — but only if the issue is identified and raised correctly.
For veterans who waited years with no answers, this settlement offers a rare chance to reopen the door.
Working with a VA‑accredited law firm, such as Legal Help For Veterans, PLLC, can help ensure these issues are identified early and handled correctly under the Freund settlement framework. You deserve your benefits, regardless of how long the VA has made you wait.