⚖ Oral Arguments, with Context

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Mark Freund, et al. v. Douglas A. Collins — CAVC (argued August 13, 2026)

No. 21-4168 Argued August 13, 2026 Published August 17, 2026

The Court of Appeals for Veterans Claims reviews a proposed class settlement in Freund v. Collins. The case concerns files automatically closed in the Veterans Appeals Control and Locator System, or VACOLS, because the system treated them as missing a timely substantive appeal—the filing used to carry an old-system benefits dispute to the Board of Veterans' Appeals. The class covers files closed from December 12, 1990, through February 6, 2025, and still closed. Under the proposal, VA would manually review 28,258 files flagged as likely to contain timely appeals, reactivate qualifying appeals, and let other class members request review. Up to 64,599 additional files would receive individual notice. The court will decide whether the settlement is fair, reasonable, and adequate.

Mark Freund, et al. v. Douglas A. Collins (No. 21-4168) — United States Court of Appeals for Veterans Claims, argued August 13, 2026.

Sources
Argument audio — U.S. Court of Appeals for Veterans Claims (public domain, 17 U.S.C. § 105):https://www.uscourts.cavc.gov/documents/Freund(Rule%2023(e)(2)%20Hearing).MP3
Argument listing — U.S. Court of Appeals for Veterans Claims:https://www.uscourts.cavc.gov/oral_arguments_audio.php?fullsite=yes
Public docket — Freund v. Collins, No. 21-4168:https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=21-4168&incOrigDkt=Y&incDktEntries=Y
Class-certification and fairness-hearing order — Veterans Court:https://www.uscourts.cavc.gov/documents/FreundM_21-4168.pdf
Proposed settlement agreement — Veterans Court docket:https://efiling.uscourts.cavc.gov/docs1/012012108535
Proposed-settlement notice — U.S. Department of Veterans Affairs:https://news.va.gov/146172/notice-proposed-settlement-substantive-appeals/
Fairness-hearing notice — U.S. Department of Veterans Affairs:https://news.va.gov/147326/freund-v-collins-fairness-hearing-scheduled/

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