Veterans’ Disability Appeals Survive Government Shutdown after Appeals Court Denies VA Motion
- Matthew Feehan
- Oct 25
- 5 min read
Updated: Oct 25
WASHINGTON, D.C. — The U.S. Court of Appeals for Veterans Claims has rejected a motion from the Department of Veterans Affairs seeking to pause veterans’ disability appeals during the ongoing government shutdown. The Court’s order, issued Wednesday, October 22, ensures that veterans disability appeals will continue moving forward despite the lapse in funding, which is considered a procedural win for veteran appellants and their advocates who warned that any delay could jeopardize access to justice and, potentially, their benefits.
Created by Congress through the Veterans’ Judicial Review Act of 1988, the U.S. Court of Appeals for Veterans Claims is not an administrative court—it’s a federal court of record within the Judicial Branch. This is a crucial distinction that sets it apart from administrative bodies like the Merit Systems Protection Board, which this author recently covered in a separate article: How a Rebuilt MSPB Under James Woodruff II Could Change Due-Process for Veterans.
In response to the Court's order, Combat Veterans of America's National Commander, Brandon M. Barron, J.D., stated,
"CVA is encouraged by the Federal Court’s decision to ensure that veterans’ disability appeals continue without interruption. Veterans have earned the right to have their cases heard and halting that process would have been an unacceptable setback for those who rely on these benefits. CVA remains committed to standing watch over these developments and ensuring veterans across the country are never left behind by bureaucracy."
The U.S. Department of Veterans Affairs' request was not without good cause, the Agency, in its own words claimed,
"It is currently estimated that the carry over balance in the Department’s General Administration Account, which funds the majority of OGC operations (including most of the attorneys and support staff in Office of General Counsel’s (OGC) Court of Appeals for Veterans Claims Litigation Group (CALG)), will be exhausted at the close of business on Tuesday, October 28, 2025."
Put simply: on Tuesday, the VA’s lawyers run out of money—as claimed.
Across the country, federal employees are bracing for what may become the longest government shutdown in U.S. history. The situation is far from uniform. Some federal workers continue to receive pay during a lapse in appropriations, while others are effectively furloughed. The distinctions between who gets paid and who doesn’t are buried in decades of legislation, funding classifications, and regulatory nuance—too complex to unpack fully here.
But here’s the short version: the attorneys and staff in VA’s OGC CALG are generally not considered “excepted employees” under the Antideficiency Act, according to the VA.
That means, unlike federal law enforcement officers, who continue working (and receiving pay) as “excepted” due to national security or public safety functions, VA’s appellate attorneys may see their paychecks stop on Tuesday and will thereafter face both financial and legal issues.
In the Court’s Order, which Combat Veterans of America – Inside the Wire readers can access below, a five-judge panel, per curiam (meaning the decision was issued collectively by the Court, rather than authored by a single judge) stated,
"The Court has determined that its judicial review of veterans benefits cases is an excepted function that continues notwithstanding a lapse in appropriations. It is noteworthy that VA has determined that appellate review of veterans benefits cases is an excepted function and directed the Board of Veterans' Appeals to continue to make decisions on veterans' cases during the lapse in appropriations (citing the VA's own website VA Contingency Planning "The Board of Veterans’ Appeals will continue decisions on Veterans’ cases")."
A tad embarrassing for the Assistant Chief Counsel of the U.S. Department of Veterans Affairs, who argued the motion ex parte—meaning the VA sought to proceed without the consent of thousands of pro se and represented veterans—as the Court, in its very brief two-page order, cited the VA’s own website to further reason that its request for a stay lacked merit,
"Pausing VA's deadlines in nearly every case before the Court is a significant and extreme request, and the Secretary has failed to demonstrate that such sweeping relief is appropriate at this time. Therefore, the Court will deny the Secretary's motion, and all cases will continue to be processed in accordance with the Court's Rules of Practice and Procedure, including all requirements and filing deadlines."
Veterans with questions as to what services are continuing through the shutdown and those that are halted can access the VA's Field Guide to the U.S. Government Shutdown (updated October 2025).
What Happens Now?
For disabled veterans both pro se and represented, as the Secretary of the U.S. Department of Veterans Affairs conceded on page four,
"Notwithstanding the above, the undersigned notes that the current guidance by the Department indicates that should the Court deny this motion, or otherwise require the Department to satisfy particular filing deadlines in cases pending before the Court, the Secretary will make every effort to ensure that sufficient OGC staff are available, notwithstanding any lapse of funding, to satisfy VA pleading requirements."
In other words: the show must go on!
For the attorneys and staff of the VA’s Office of General Counsel, Court of Appeals for Veterans Claims Litigation Group, the irony couldn’t be clearer. The Department admitted in writing that it already had plans in place to keep those lawyers funded and available further undermining its own prayer for relief. The supposed funding “lapse” wasn’t even a true stop; it was a procedural talking point that collapsed rather quickly under the Court’s scrutiny.
The argument may—and the word "may" is carrying a lot of weight here—have been more political in nature, as opposed to legal, as the VA secretary himself, Doug Collins, sent a letter to Congress demanding an end to the government shutdown and a favorable order from the Court would have advanced that political angle, but, again, that is a "may."
In practical terms, this news simply means some attorneys will now have to step up and “cover down,” as we often say in the military and veteran community, ensuring that the mission continues no matter the circumstances.
About the Author
Matthew Feehan, J.D. is a U.S. Army National Guard veteran and former infantry officer with more than a decade of combined military, legal, and federal contracting experience. A former Department of Justice Honors Law Clerk and U.S. Army Corps of Engineers Law Clerk and Operations Officer, Feehan has served across nearly every corner of the federal system—as a contractor, civil servant, and soldier—working on matters that span regulatory policy, administrative law, and complex federal procurement. His firsthand experience navigating the same statutes and rulemaking processes that govern veterans’ benefits gives his writing a uniquely practical edge.
Today, Feehan serves as a Senior Policy Advisor with the Veterans Education Project (VEP), a Board Member and Sergeant-at-Arms of Combat Veterans of America (CVA), and an independent consultant specializing in ethics, compliance, and veterans’ policy. His work explores how law and regulation collide with the lived experience of those who serve—bridging the gap between policy intent and on-the-ground impact for veterans, families, and the public institutions charged with supporting them.
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