IN THE UNITED STATES DISTRICT COURT

FOR THE [] DISTRICT OF []

 

 

 

 

[PLAINTIFF NAME], on behalf of themselves and all others similarly situated,

                Plaintiff,

v.

              UNITED STATES OF AMERICA and

              DEPARTMENT OF VETERANS AFFAIRS,

               Defendants.

 

Case No. ____________

CLASS ACTION COMPLAINT

 

 

 

 

 

 

I. INTRODUCTION

 

 

 

This putative class action challenges the Defendants’ systemic denial, delay, and underpayment of disability benefits to United States veterans—conduct that inflicts cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution and constitutes deliberate torture and abuse of handicapped persons.
The veteran population in the United States exceeds 18 million individuals—men and women who have sacrificed life, limb, sanity, and dignity in service of this nation—yet the VA rations or withholds the very benefits Congress and the Constitution guarantee them  .
Plaintiffs seek injunctive and declaratory relief; compensatory and punitive damages; costs; and a nationwide order compelling full, 100%‑rate payments to every veteran, retroactive to the date of claim, funded by a simple excise tax of less than 1% spread across U.S. commerce and transportation.

 

 

 

 

 

 

 

II. JURISDICTION AND VENUE

 

 

 

This Court has subject‑matter jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1346(b) (Federal Tort Claims Act), as Plaintiffs allege deprivation of rights under the Constitution and tortious conduct by federal officers.
Venue is proper under 28 U.S.C. § 1391(e) because a substantial part of the events giving rise to the claim occurred within this district.

 

 

 

 

 

 

 

III. PLAINTIFFS AND CLASS DEFINITION

 

 

 

Plaintiff Ian XIlyana, (ret.) of the U.S. Air Force, has been denied VA disability benefits for seven years despite documented injuries, including military sexual trauma and service‑connected medical conditions.
Class Definition: All persons who (a) served in the U.S. Armed Forces; (b) applied for or are eligible for VA disability benefits; and (c) have been denied, delayed, or underpaid benefits at a rate less than 100%.

 

 

 

 

 

 

 

IV. FACTUAL ALLEGATIONS

 

 

 

Systemic Delays & Denials: VA claims processing routinely exceeds statutory timelines, leaving veterans destitute, homeless, or forced into high‑crime housing projects under “community‑based” vouchers.
Military Sexual Trauma (MST): The VA fails to investigate or accommodate veterans with MST affidavits, scheduling appointments with practitioners who retraumatize them, despite clear legal directives.
Constitutional Violation: The Eighth Amendment prohibits “cruel and unusual punishments.” Denying disability benefits to disabled veterans—many of whom suffered friendly‑fire injuries or sexual assault—inflicts precisely such punishment by subjecting them to abject poverty, homelessness, and psychological harm.

 

 

 

 

 

 

 

V. CLASS ACTION ALLEGATIONS

 

 

 

Numerosity: The class includes millions of veterans across the United States.
Commonality: All class members claim the VA’s failure to pay 100% benefits constitutes a uniform policy of cruel and unusual punishment.
Typicality: Plaintiff’s injuries and claims arise from the same VA policies that affect all class members.
Adequacy: Plaintiff will fairly and adequately represent the class; counsel are experienced in complex class litigation.

 

 

 

 

 

 

 

VI. CLAIMS FOR RELIEF

 

 

 

 

Count I: Violation of the Eighth Amendment

 

 

 

The Eighth Amendment to the U.S. Constitution prohibits the infliction of “cruel and unusual punishments.”
Defendants’ policy of withholding or delaying earned disability benefits from disabled veterans constitutes cruel and unusual punishment by imposing severe deprivation of basic needs—food, shelter, medical care—on individuals whom the State has a heightened duty to protect once in its care.

 

 

 

 

Count II: Federal Tort Claims Act—Intentional Infliction of Emotional Distress

 

 

 

VA officials’ conduct is extreme and outrageous, intentionally or recklessly causing veterans severe emotional distress through denial of benefits and refusal to investigate MST claims.

 

 

 

 

Count III: Administrative Procedure Act—Unreasonable Delay

 

 

 

The APA requires federal agencies to conclude matters presented to them “within a reasonable time.” 5 U.S.C. § 555(b).
VA’s multi‑year backlogs and failure to adjudicate claims violate the APA.

 

 

 

 

 

 

 

VII. PRAYER FOR RELIEF

 

 

 

Plaintiffs, on behalf of themselves and the class, respectfully request that this Court:

 

A. Certify the proposed class;

B. Declare that Defendants’ denial and delay policies violate the Eighth Amendment and the APA;

C. Enjoin Defendants to pay all class members full 100% disability benefits within 30 days of claim, retroactive to the date of application;

D. Award compensatory and punitive damages against the United States and individual VA officers;

E. Award costs, interest, and attorney’s fees under 28 U.S.C. § 2412;

F. Grant any further relief the Court deems just and proper.

 

 

 

 

 

 

VIII. CALL FOR ADDITIONAL PLAINTIFFS

 

 

 

Veterans who have been denied or underpaid their disability benefits are urged to contact [Counsel Name & Contact Information] to join this class action. Together, we will hold the VA accountable and end the torture of withholding the benefits our nation promised.

 

Respectfully submitted,

 

[Attorney Name]

[Law Firm]

[Address]

[Phone]

[Email]

 

Dated: May 18, 2025