A Landmark Victory for Disabled Homeless Veterans: Q&A with the Trial Team

This fall, Robins Kaplan LLP, in collaboration with Public Counsel, Brown Goldstein & Levy, and Inner City Law Center, secured a historic legal victory for disabled homeless veterans in Los Angeles. After a 16-day bench trial, U.S. District Judge David O. Carter ruled that the Department of Veterans Affairs (VA) must honor its commitment to provide housing and healthcare to veterans on the West Los Angeles VA Grounds. The sweeping decision requires the VA to build 1,800 permanent housing units within six years and 750 temporary units within 18 months, voids illegal land-use leases, and mandates critical improvements to veteran services.

Los Angeles is home to the largest population of homeless veterans in the U.S., with thousands living on the streets without access to essential care. This ruling reaffirms the VA’s duty to those who have served, restoring the campus to its intended purpose.

We spoke with the co-leads of the trial team—Roman Silberfeld and Tommy Du—about the case’s challenges, key moments, and the lasting impact this decision will have on the lives of disabled homeless veterans.

How did this case come to Robins Kaplan, and how long has it been ongoing?

Roman Silberfeld (RS): This case came to us through our long-standing relationship with Public Counsel, a nonprofit law firm dedicated to advancing justice for underrepresented communities. Public Counsel approached us because of our firm’s experience with complex litigation and our commitment to public interest cases. The case was filed in November 2022, and it has been an intense and rewarding journey since then.

What were some of the primary challenges the team faced at the outset, and how did you approach these in your strategy for the case?

RS: The first thing that we had to do was to establish a legal claim, and that involved prevailing on a motion to dismiss on two separate important prongs: a claim under the Rehabilitation Act of 1973 and the establishment of a fiduciary duty by the VA toward veterans as beneficiaries of a trust. These foundational elements set the stage for the case to proceed.

Tommy Du (TD): Along with the foundational legal hurdles, we also had to contend with the government’s aggressive litigation strategy, requiring us to operate on multiple fronts simultaneously. Once the case was assigned to Judge Carter, we were on a very compressed timeline to bring the case to trial. This included a last-minute, massive production of documents from the government. Our e-discovery team—special thanks to Lisl Fuhrken and Renae Knudson—was instrumental in helping us sift through those documents to prepare for trial.

The trial spanned 16 days—what were some of the most pivotal moments during this time?

TD: Two moments stand out for me. First, Roman’s masterful cross-examination in breaking down a complex housing finance issue to dispel one of the government’s key theories. Second, the plaintiffs’ testimonies were unforgettable. Each veteran who took the stand brought a human face to their struggle, recounting experiences from the time they enlisted to the moment they sought help, only to be turned away by the VA while seeking housing. Their testimonies served as a powerful reminder to everyone in the courtroom that their homelessness was not a choice but a consequence of a system that failed them.   

RS: Hearing the veterans’ firsthand accounts of homelessness, coupled with expert testimony about its devastating effects on health and well-being, deeply moved the court. Scientific literature and expert testimony presented during the trial showed that homelessness is linked to significantly shortened life expectancies—on average, seven to 10 years shorter than those who are housed, across all age groups. This evidence illustrated the dire implications of being homeless and reinforced the urgency of addressing this issue.

How does this ruling align with the original mission of the West LA VA campus, and what precedent could it set for veteran care across the country?

RS: This ruling restores the campus to its intended purpose: serving as a space for disabled veterans in need of housing and healthcare. It reinforces the VA’s obligation to prioritize veterans’ needs above all else. Importantly, it also sets a significant legal precedent, signaling that other VA campuses must honor their commitments to veterans and cannot misuse land or resources for purposes unrelated to veteran care.

What impact do you hope this decision will have on the lives of disabled homeless veterans in Los Angeles?

TD: There are far too many disabled homeless veterans in Los Angeles. We hope that this decision will help provide some, if not all, with the housing that they deserve after making a voluntary decision to serve and protect our country.  

RS: This ruling, when affirmed on appeal, has the potential to end veteran homelessness in Southern California.

Reflecting on this journey, is there a particular moment or aspect of the case that stands out to you personally?

RS: Seeing justice dispensed through the court’s opinion was a very proud moment for me. It affirmed my belief in the legal system’s power to effect meaningful change for those who need it most.

TD: For me, working with the veterans to tell their story–some for the very first time–was incredibly impactful. It was understandably difficult for some of them to talk about how the trauma of war and their treatment by the VA led to their predicament. It took a lot of courage for them to testify, but they knew that their testimony was crucial for everyone to understand what we were fighting for.