U.S. Court of Appeals for Veterans Claims, Washington D.C. (Photo: uscourts.cavc.gov)
A panel of judges has denied a request from VA Secretary Doug Collins to halt disability compensation appeals during the ongoing federal government shutdown. The decision by the U.S. Court of Appeals for Veterans Claims means that Veterans’ appeals will continue to move forward despite the funding lapse.
As reported by Military Times, the VA’s motion sought to suspend nearly all appeal proceedings, citing a lack of funds and classifying the attorneys handling those cases as nonessential employees. Collins submitted the request on Oct. 24, stating that the department’s funds for handling appeals would be depleted by today, Oct. 28. VA officials said the request was made to comply with the Anti-Deficiency Act, which prohibits agencies from spending money not appropriated by Congress.
Chief Judge Michael Allen and the nine-judge panel described the request as significant and extreme. The court said the secretary did not provide sufficient reason to justify a suspension of proceedings. The ruling protects Veterans waiting on claims decisions, and by law, should prevent indefinite delays during the shutdown.
According to Newsweek, the VA acknowledged that postponing cases was undesirable but argued that without funding, the department’s Office of General Counsel could not meet filing deadlines. The agency requested that the pause remain in place until the government reopens and new funding is approved.
The court rejected that reasoning, affirming that judicial review of Veterans’ benefits remains an excepted function that continues even without appropriations. The decision directs the VA to keep adjudicating cases, even if it means certain staff must work without pay until the shutdown ends.
Veteran advocates welcomed the ruling, saying it prevents an already overburdened system from slowing down further. Advocacy groups, including Veterans for Common Sense, warned that approving the request would have compounded years of delays for Veterans seeking compensation for service-connected disabilities, toxic exposure, and other conditions.
Paul Sullivan, the organization’s national vice-chair, told The Guardian that many Veterans have already waited decades for their claims to be heard, and any further delays would have been devastating. Legal experts stated that if the motion had been granted, the appeals system would have effectively ground to a halt, leaving thousands of Veterans in limbo.
The court’s decision comes after a similar situation in 2013, when then–VA Secretary Eric Shinseki was granted permission to temporarily pause appeals during a previous government shutdown. This time, however, the judges said the department failed to justify such a measure.
The U.S. Court of Appeals for Veterans Claims handles about 15,000 appeals annually. Between October 2023 and 2024, nearly 9,000 appeals were filed, with an average decision time of just over seven months. The court’s data shows hundreds of cases take longer than 18 months to resolve, proving how even a short pause could lead to significantly longer waits for Veterans relying on disability benefits.
While the VA has the option to submit a revised motion if circumstances change, the court’s ruling keeps the process moving for now. Veterans’ advocates say that’s a welcome outcome for those who have already spent years waiting for a decision on their claims.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
