Injured Iraq War Vets Sue VA

Delays In Treatment And Lack Of Pay Prompt Lawsuit Against Department Of Veterans Affairs

(AP)  Frustrated by delays in health care, injured Iraq war veterans accused VA Secretary Jim Nicholson in a lawsuit of breaking the law by denying them disability pay and mental health treatment.

The class-action lawsuit against the U.S. Department of Veterans Affairs, filed Monday in federal court in San Francisco, seeks broad changes in the agency as it struggles to meet growing demands from veterans returning home from Iraq and Afghanistan.

Suing on behalf of hundreds of thousands of veterans, it charges that the VA has failed warriors on numerous fronts. It contends the VA failed to provide prompt disability benefits, failed to add staff to reduce wait times for medical care and failed to boost services for post-traumatic stress disorder.

The lawsuit also accuses the VA of deliberately cheating some veterans by allegedly working with the Pentagon to misclassify PTSD claims as pre-existing personality disorders to avoid paying benefits. The VA and Pentagon have generally denied such charges.

"When one of our combat veterans walks into a VA hospital, then they must see a doctor that day," said Paul Sullivan, executive director of Veterans for Common Sense, which filed the lawsuit. "When a war veteran needs disability benefits because he or she can't work, then they must get a disability check in a few weeks."

"The VA has betrayed our veterans," Sullivan said.

VA spokesman Matt Smith said Monday he could not comment on a pending lawsuit.

"Through outreach efforts, the VA ensures returning Global War on Terror service members have access to the widely recognized quality health care they have earned, including services such as prosthetics or mental health care," Smith said. "VA has also given priority handling to their monetary disability benefit claims."

The lawsuit comes amid intense political and public scrutiny of the VA and Pentagon following reports of shoddy outpatient care of injured soldiers at Walter Reed Army Medical Center and elsewhere.

"Unless systemic and drastic measures are instituted immediately, the costs to these veterans, their families and our nation will be incalculable, including broken families, a new generation of unemployed and homeless veterans, increases in drug abuse and alcoholism, and crushing burdens on the health care delivery system," the complaint says.

It asks that a federal court order the VA to make immediate improvements.

Earlier this month, a federal appeals court in San Francisco issued a strong rebuke of the VA in ordering the agency to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange and contracted a form of leukemia.

"The performance of the United States Department of Veterans Affairs has contributed substantially to our sense of national shame," the opinion from the 9th U.S. Circuit Court of Appeals read.

Nicholson abruptly announced last week he would step down by Oct. 1 to return to the private sector. He has repeatedly defended the agency during his 2½-year tenure while acknowledging there was room for improvement.

More recently, following high-profile suicide incidents in which families of veterans say the VA did not provide adequate care, Nicholson pledged to add mental health services and hire more suicide-prevention coordinators.

Some veterans say that's not enough. In the lawsuit, they note that government investigators warned as early as 2002 that the VA needed to fix its backlogged claims system and make other changes.

Yet, the lawsuit says, Nicholson and other officials still insisted on a budget in 2005 that fell $1 billion short, and they made "a mockery of the rule of law" by awarding senior officials $3.8 million in bonuses despite their role in the budget foul-up.

Today, the VA's backlog of disability payments is between 400,000 and 600,000, with delays of up to 177 days to process an initial claim and an average of 657 days to process an appeal. Several congressional committees and a presidential commission are now studying ways to improve care.

"While steps can and will be taken in the political arena, responsibility for action lies with the agency itself," Melissa W. Kasnitz, managing attorney for Disability Rights Advocates, said in a telephone interview. Her group is teaming up with a major law firm, Morrison & Foerster, to represent the veterans.

"We don't believe the problems will be fixed by the VA if we wait for them," she said.

Gordon P. Erspamer, a partner at Morrison & Foerster, stressed that the lawsuit does not seek to make a partisan statement about the Iraq war but instead finally force action after years of delay.

"This is the worst it's ever been for veterans, and it's only going to get worse," he said.

The lawsuit cites violations of the Constitution and federal law, which mandates at least two years of health care to injured veterans.

The veterans groups involved in the lawsuit are Veterans for Common Sense in Washington, D.C., which claims 11,500 members, and Veterans United for Truth, based in Santa Barbara, Calif., with 500 members.

[kansas1946]

Just typical of this adminstration. This messy business of missing faces, legs, arms, and minds, is not near as much fun and running out on deck of an aircraft carrier in his little cute flyboy uniform declaring, "Mission Accomplished."
Does anyone want to take a guess how many wounded heroes could be taken care of with the money that little stunt of his cost the American taxpayers.
No plan on what to do when we got there, how to leave, and no plan for taking care of our soldiers. Typical...typical...typical.

[photogeezer]

CBS on-line sure buried this story in a hurry. I am, however, grateful for the new format that allows public input.

This administration has been working to hamstring the VA, cutting their budget the very week our kids were being sent into that hellhole. Chris Smith, a Republican with a big heart for soldiers, was kicked out of the chair of the House Veterans Affairs Committee, and kicked off the committee. He cared too much about veterans. Shortchanging soldiers about to be discharged on disability ratings deprives their families of health insurance, a money-saving measure. Bogus "personality disorder" diagnoses are an attempt to save on claims for PTSD down the road. NONE of these problems is the fault of the VA.

The VA is far from perfect; its another government agency. I do believe that the vast majority who work there care deeply about veterans. It is true that claims take entirely too long, and that wait times to get medical or psychiatric care are far too long. For that, I'm glad the vets are suing.

CBS needs to do an investigation on the Secretary, however. Was he hired to oversee the dismantling of the VA? Is he one of the neocons who want to "drown government in a bathtub"? Is he one who sneers at the VA as an "entitlement" program? I don't know that he is in that crowd, but he has been pretty closely aligned with them all along.

[mayihavemore]

Yes military can receive treatment at civilian sector. BUT, it depends on the type of plan one signs up for. Most sign up for the cheapest plan, so therefore, their choices are limited.

Stop blaming congress, I do recall Dr. Chu (VA)stating that retired military are receiving too much money & that is going to change. I also recall congress asking Jim Nicholson(VA)how much money does VA requires & he said they did not need more money. Congress allots money from information given to them by political appointees & so called experts. Also VA makes up their own figures based on lies. Lets not forget about bonuses given out to keep individuals finding a job in the private sector. It takes a counselor(48 percent counselors are retired military) 2 too 3 years to learn their job! UNACCEPTABLE!!!!! I know that VA counselors make *** sure they receive their tax free benfits. I worked for VA hospital & Military hospital for 29 years.

[meboard]

I'd like to add that the lier-in-chief uses the military as a shied knowing full well they are prohibited from criticizing him. The emperor has no clothes!!!

[undermyboot]

You want to know something else, every time this President wants to get some propaganda out where does he go, to some Military Base and all the Military behind him. He uses these troops to his advantage and too bad fellows if you get hurt. What funeral has he attended since this war began. When the U.S. Cole happened Ronald Reagan went to their memorial. Secretary Gates writes a letter to every servicemen that is KIA. Not the decider.
Posted by starleo146 at 09:54 PM : Jul 23, 2007
=========
Amen. The liar-in-chief is nothing more than a coward who hides behind troops brave enough to do something he ran away from like the puzzy he is- serving in combat. Bush deserves NO respect. Our soldiers deserve much better leadership than this incompetent abuser.

[undermyboot]

Posted by SlipSter01 at 08:56 PM : Jul 23, 2007

This *** posts a copy of the same cr*p over and over again? What a total F*CK. Kizz my azz MOFO

[gracchus1]

snixchance,

That is why your story and those of others is important to make public so people are aware of these horrendous situations and to publicly shame the feckless politicians who allow it to happen and only give a *** about getting reelected and nothing else!

[snixchance]

My husband just left from serving the VAMC working his way up to Chief Nurse in a hospital in North Carolina. He fought as hard as he could for his vets and we are both angered over what we read here; because we know they are true; things my husband fought to change over all of those years; dealing with frauds in the VA who cared only for themselves; only to be outsted at the top of his career when he questioned 12 surgery deaths in less than four months. He went to his supervisor, who told him "keep quiet and I'll take care of it" and it never happened. If the general public knew what really went on at those VA hospitals they should understand the anguish and abuse the vets have to go through to get just basic care. My husband did his best, but against the high aristocrats and politics, it was never enough. To this day, when he meets a vet he makes sure to shake each of their hands and say "thank you."

[gracchus1]

I think that there are two things to note. First, for the past three years, the Bush Administration has cut VA benefits by $3 billion. Second, it is very reminiscent historically of the Battle of Anacosta Flats, or perhaps what is more familiarly known as the Bonus Army. Either way, it is disgraceful and yet another poke in the eye to those who have honorably sacrificed themselves to defend our country.

[sshard]

SlipSter01

Laughable story???? What a dishonor to the men and women who sacrificed so much for your way of life. I hope none of our proud service men and women, read your post. They might think they are they are the disposal generation.

Your post is a slap to all vets.