Lawyers Say Vets Dying Waiting for VA Care

Federal Lawsuit Against Department Of Veterans Affairs Comes To A Close

(CBS)  CBS News producer Pia Malbran wrote this for CBSNews.com.

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In closing arguments in a federal lawsuit against the Department of Veterans Affairs (VA), plaintiff lawyers accusing the agency of failing to effectively take care of our nation’s military veterans said, “1,457 veterans died while their appeals were pending” in the last six months alone.

“More of these veterans are dying in the United States than out in combat,” attorney Arturo Gonzalez said.

Two veterans rights groups - Veterans for Common Sense and Veterans United for Truth - sued the VA hoping a federal judge could order the government agency to overhaul and improve its system. The trial took place in San Francisco with seven days of court testimony. Closing remarks were held Wednesday.

Plaintiff lawyers claimed the agency has dropped the ball in a number of ways and as a result has not provided proper access to health care and benefits to veterans. For example, they said the VA has yet to fully implement the Mental Health Strategic Plan that was introduced back in 2004. Gonzalez said, “there is no plan for dealing with all of these veterans who are returning and who are in need of help.” The argument was also made that veterans are waiting too long to get medical appointments and the benefits they deserve.

Daniel Bensing, the Department of Justice lawyer representing the VA, told the judge that the VA has a “very well-regarded system for providing health care.” He insisted that 80 percent of the Mental Health Strategic Plan recommendations have been adopted and he said, “98 percent of Iraq/Afghanistan veterans are seen within 30 days.”

The issue of suicide also played a big part in the trial. Damaging internal e-mails made public early on, as reported by CBS News, showed top officials at the VA discussing how to withhold critical information about the risk of suicide among veterans from the public. Gonzalez and his team said the emails show how the VA’s top brass are not dealing with the true scope of mental health issues facing veterans.

Bensing did not talk specifically about the e-mails in his closing statement but said “we don’t dispute that suicide is a major, serious problem among veterans.” He said the issue of suicide is already a “major priority” for the VA and claimed the evidence presented by other attorneys on the issue of suicide was “unnecessary.” Furthermore, he said the mental health budget has increased from $3.2 billion to $3.5 billion annually and 3,700 new mental health professionals have recently been hired by the VA.

U.S. District Court judge Samuel Conti now has to make a decision in the case and will do so after receiving post-trial summaries from both sides which is scheduled to happen May 9 and May 19.

[mom915]

I think that the VA should be accountable for our men and women in uniform that seeks their help and not get it fast enough to help them. My son took his life in Jan, 2006 after months of struggling with the VA to prove he had PTSD from serving in Irag.
The day he died friends from an organization in Calif tried like heck to contact the VA for assistance only to be told that his social worker was off work because of it being Martin Luther King day.
Yet, the person at the VA on the other end of the phone didn''t even try to help in anyway.
I think that the VA needs to focus on the importance of an SOS call -vs- a worker not being trained for an emerency of this tragic ending of my son''s plea for help. Other words had the VA been there to help my son might be still ALIVE. There''s no excuse!!!!

[pensacola88]

Drama!! Drama!! Drama!!!

I think we forget that evey organization either makes a profit as a business or completes its'' mission as an agency. Creating an organization that tries to do both is impossible with our economic system, which is a combination of commerce and taxation. The commerce is for profit and taxation is for missions.

Even with every middle class person paying 50% of their wages into taxation, (both income and sales) the problem of universal healthcare won''t be attainable until the middle class grows to a suffient level. Shrinking middle class numbers hurts everyone.

Higher oil prices shrinks the middle class faster than higher taxes or higher interest rates.

Reversing the economic downturn requires ending the war, which escalates the oil prices higher each week, and opening our borders to tourists. We have 10 million less tourists here at any time today, than we did is 2001. Each spending $100 a day translates into a $1 Billion dollar a day loss to our economy. Our middle class suffers from this daily $1 billion dollar loss. That also translates to a $500 million dollar per day taxation revenue after that $1 billion dollars circulated through our economy.

[michael0004]

The following is the link to the VA''''s proposed rulemaking:

http://edocket.access.gpo
.gov/2008/pdf/E8-8091.pdf

This proceeding entitled "Definition of Service in the Republic of Vietnam" is open for public comment until June 16, 2008. The veterans who are adversely affected by this proceeding need as many people as possible to file comments with the VA opposing the VA''''s proposal which attempts to redefine the definition of "service in Vietnam" to exlude those who served in the waters offshore (no matter how close to shore they were) and who served on ships in the harbors of Vietnam from being considered as having served in Vietnam despite their service recognition by the military services through the Vietnam Service Medal and other medals awarded in support of combat operations in Vietnam AND DESPITE THE DEPARTMENT OF VETERANS AFFAIRS OWN STAFF DECISIONS BETWEEN 1991 AND 2002 awarding these very same combat veterans disabilty for certain diseases associated with the spraying of Agent Orange in Vietnam. The Department of Veterans Affairs wants to interpret the statutory (The Agent Orange Act of 1991) "service in Vietnam" language to mean service in Vietnam for those who physically set foot on land in Vietnam even though neither the statute nor legislative history even so much as hinted at such a limitation or excusion. (This also is the basis for Haas vs Nicholson case currently pending before the US Court of Appeals.)

[michael0004]

The Department of Veterans Affairs under the Bush administration has been an enemy of the veteran rather than an advocate for the veteran. It will spend untold millions of dollars to try to block veterans from receiving health care and disability benefits that they deserve and that are required by law. Take for instance the case of Haas vs Nicholson in the US Court of Appeals. Haas is representative of thousands of other similarly situated veterans who were denied benefits and the associated health care by the VA in contravention of the the law. And despite the fact that the US Court of Appeals has yet to rule on this case (which has been going on for 6 years due to VA foot dragging), the VA, nonetheless, has initiated a proceeding to formally implement its policy that was ruled illegal by a lower court so as to provide a "fig" leaf to cover their illegal activity and continue to deny benefits that the lower court ruled it had a duty to provide. And of course, the Bush Administration wants to have all of its bases covered so it submitted draft legislation several months ago to the Senate to codify that which the VA has been doing in contravention of the current law and lower court rulings. For more information, "google" Haas vs Nicholson or "google" Blue Water Navy

[keithle1]

Once they return to the States from Iraq on leave the troops should stay here until these issues get straightened out. Can''t put them all in the stockade.

Combat-disabled vets should get a lot better treatment. It''s disgraceful. You expect the military to give up their lives for the country & then the government nickel & dimes them to death. Pretty bad.

Funny how we seem to have an endless amount of money for some things but not for others.

Come on, Uncle Sam.

[lindaredtail]

I do not understand what is so difficult for a large portion of America to understand. Our health care system is a disaster.The life expectancy of women has dropped and we are now listed as 27 in the world in terms of infant mortality. Even Cuba is ahead of us on the latter. We should be ashamed. We are the wealthiest most powerful country in the world. We have access to things that people in other countries can only imagine. That every veteran, child and elderly person in this country does not have adequate health care is a national disgrace. If we think the world is looking at us strangely it is because they are. We are an enigma. A country of such wealth but yet lacking in important things. We should have the highest life expectancy for all our citizens and the lowest infant mortality rate in the world. Not the other way around. Our priorities are not right-minded.

[excoachken]

To newsofal: Don''t try to put this one on Hillary. This President has closed V.A. Hospitals (no involvement of the Congress), sent us to war without proper equipment (the Congress didn''t bring the concept to him), run Walter Reed like it was Andersonville Prison of the Civil War (under his Secretary of Veteran''s Affairs), led the Republican Party veto of pay raises for the troops in 2006 in favor of tax cuts for the waealthy, and is leading the fight against Senator Jim Webb''s new G.I. Bill because he says, "it will keep people from re-enlisting......... and costs too much." Don''t you dare say this is a bi-partisan effort to rip-off our soldiers. It could only be done with the "leadership" of the Cowardly Cowboy as "the DECIDER!"

[newsofal]

Veterans should march en masse to the steps of the capitol and not retreat till the promises made by congress are fulfilled!

It''s not a "W"/Hillary issue. Both parties have and/or will continue to use the military to meet their political goals and asperations.

[mcapek]

I am stating facts. Those who are not insured or not interested in being insured get their totally free care in ERs, which happens to be the most expensive form of healthcare there is. That is a fact. The fact that lawyers have bamboozled the american public to sue to the evil and incompetent doctors for any perceived problem, short of a medical miracle, is costing this country dearly, uncounted billions of dollars spent on defensive medicine. So what is let us say Hillary going to do when your typical P.O.Box address or trailer patient decides not to participate in her fantastic national healthcare insurance plan and goes to ER instead? Is she planning to imprison them? If not, who is going to pay for this care? Where is the savings?

BTW, I agree with you, combat injured veterans should get full care from the government, instead of meeting obstacles at every turn.

[michael0004]

I believe that Hillary is the only one with "spine" to do what needs to be done."

And what exactly needs to be done?

Government would dictate healthcare costs, promise
comprehensive healthcare to everyone, all while trying to pay less and less to healthcare providers, in a futile attempt to contain costs? And to keep their lawyer buddies and heavy contributors, Trial Lawyers of America, happy and busy, the ever rising costs of the so-called defensive medicine will continue to spiral upward. Either this country will come to terms that a perfect care to everyone is unaffordable, or the system will go bankrupt. The "free" federally mandated Emergency Room care to the nonpayers, illegals, and other riff raff has also got to stop. There is an incredible amount of abuse in ERs.

Posted by mcapek

Knock off the propaganda already. The proposals being proposed by the Democratic candidates is national health insurance to cover private health care. It is not a proposal for government health care. I ask you: What is so terrible about health care being available for everyone? Or do you believe that only a few of us lucky/special ones deserve health care?

Besides, what does the national health insurance/national health care have to do with the government''''s obligation to its veterans, particularly combat disable veterans to provide them with the health care they need to take care of their service connected disabilities?

[michael0004]

"I believe that Hillary is the only one with "spine" to do what needs to be done."

And what exactly needs to be done?

Government would dictate healthcare costs, promise
comprehensive healthcare to everyone, all while trying to pay less and less to healthcare providers, in a futile attempt to contain costs? And to keep their lawyer buddies and heavy contributors, Trial Lawyers of America, happy and busy, the ever rising costs of the so-called defensive medicine will continue to spiral upward. Either this country will come to terms that a perfect care to everyone is unaffordable, or the system will go bankrupt. The "free" federally mandated Emergency Room care to the nonpayers, illegals, and other riff raff has also got to stop. There is an incredible amount of abuse in ERs.

Posted by mcapek

Knock off the propaganda already. The proposals being proposed by the Democratic candidates is national health insurance to cover private health care. It is not a proposal for government health care. I ask you: What is terrible health care being available for everyone? Or do you believe that only a few of us lucky/special ones deserve health care?

Besides, what does the national health insurance/national health care have to do with the government''s obligation to its veterans, particularly combat disable veterans to provide them with the health care they need to take care of their service connected disabilities?

[kansas1946]

Will you know about the "trickle down" theory. It works. When you have an evil, commander in chief, who cares nothing about veterans, it kinda trickles down the line. As far as Bush is concerned, if you can''t block an IED, then you don''t exist.

[randynason]

The truth is more disgusting and horrifying than anyone can possibly imagine. Thank you, Uncle Sam and U.S. military, for taking such good care of our soldiers and veterans. If we wanted to do our country more harm than you have already done, it would be virtually impossible. We don''t need Al Queda to destroy our country. We''re perfectly capable of doing that ourselves.

[mcapek]

"I believe that Hillary is the only one with "spine" to do what needs to be done."

And what exactly needs to be done?

Government would dictate healthcare costs, promise
comprehensive healthcare to everyone, all while trying to pay less and less to healthcare providers, in a futile attempt to contain costs? And to keep their lawyer buddies and heavy contributors, Trial Lawyers of America, happy and busy, the ever rising costs of the so-called defensive medicine will continue to spiral upward. Either this country will come to terms that a perfect care to everyone is unaffordable, or the system will go bankrupt. The "free" federally mandated Emergency Room care to the nonpayers, illegals, and other riff raff has also got to stop. There is an incredible amount of abuse in ERs.

[michael0004]

michael0004 Hope you are still here. I submitted the following. I believe that it would be an error in judgment to ament the rules in regards to this matter. Just two days ago we heard on the news how Anchorage Alaska was blanketed in "fog" that comes all the way from Siberia and was made up of dust and smoke from burning forest fires from hundreds of miles away. All personnel serving in the Vietnam ampitheater both on the ground, local waterways and offshore should have the same medical care available to them in their need. Sailors are often on deck and we do not know how far prevailing wind conditions may have carried Agent Orange. Not if it can carry smoke and dust hundreds of miles. As a nation we have a grave responsibility to care for our veterans. If the choice is wider or narrower parameters of care the moral and ethical choice is the wider parameters lest we fail in our responsibility to those who fulfilled theirs to country and citizenship.


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Posted by lindaredtail at 03:39 PM : May 02, 2008

Thank you for taking the time to submit your excellent comments to the Department of Veterans Affairs'' outrageous proposed rules designed to deny combat veterans disability claims for the diseases they contracted from exposure to Agent Orange. (http://edocket.access.gpo.gov/2008/pdf/E8-8091.pdf)

[Renegade.Rivers]

I have been going through many issues with the VA for the past year in the fight for my benefits. I have been rated 10% disabled for my back condition and am now unemployable for this service connected disability. My Neurosergeon has issed a statement that I can no longer able or ever will be able do the job I was trained to do and the VA has not responded to my appeal for an increase. I can see where vets end up dieing before there claims are ever touched by the VA. They respond to initial claims quickly but appeals end up taking years. They hope you either give up or die. The cover up demonstrates that VA protocol starts at the very top and it is the only way they can maintain their budget or even bonuses.

Posted by navalretgy

I too have severe back problems from injuries I suffered while in the Army. I struggled for over 16 years in order to get 90% disability, and that was upped to 100% because of unemployability. The only way that I got that was because of the efforts of the PVA (Paralyzed Veterans of America), but in order for them to take on your claim as your rep, you have to have a spinal cord injury. If you do in-fact have a spinal cord injury, I would recommend you contact the PVA.

Hope that helps.

[lindaredtail]

michael0004 Hope you are still here. I submitted the following. I believe that it would be an error in judgment to ament the rules in regards to this matter. Just two days ago we heard on the news how Anchorage Alaska was blanketed in "fog" that comes all the way from Siberia and was made up of dust and smoke from burning forest fires from hundreds of miles away. All personnel serving in the Vietnam ampitheater both on the ground, local waterways and offshore should have the same medical care available to them in their need. Sailors are often on deck and we do not know how far prevailing wind conditions may have carried Agent Orange. Not if it can carry smoke and dust hundreds of miles. As a nation we have a grave responsibility to care for our veterans. If the choice is wider or narrower parameters of care the moral and ethical choice is the wider parameters lest we fail in our responsibility to those who fulfilled theirs to country and citizenship.

[erasmus81]

"All this will be fixed when Hillary Clinton is president." Posted by Dave_1958 at 12:44 PM : May 02, 2008

I believe you are right, or were you just being sarcastic?

I believe that Hillary is the only one with "spine" to do what needs to be done.

[michael0004]

Anybody trying to say that this is how a national healthcare system would work, obviously has: 1) Never been in the Army, like I have to see how they can screw up the most simple of concepts and 2) Never had the opportunity, again, as I have, to utilize the Nationalized health care plans of France, Germany, and the Netherlands. Every experience I had with their system was equal to any care I have ever received in the States and did not cost me 1 cent, even though I was an American visitor, not a resident. As of this week 59% of U.S. physicians say that a Nationalized System would be better than what we presently have dictated to us by HMOs and the Drug Industry. From my own experience, I heartily agree.


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Posted by excoachken at 03:26 PM : May 02, 2008

National healthcare is not necessarily government healthcare. The national healthcare proposed by Clinton and Obama involve health insurance for private healthcare.

[excoachken]

Anybody trying to say that this is how a national healthcare system would work, obviously has: 1) Never been in the Army, like I have to see how they can screw up the most simple of concepts and 2) Never had the opportunity, again, as I have, to utilize the Nationalized health care plans of France, Germany, and the Netherlands. Every experience I had with their system was equal to any care I have ever received in the States and did not cost me 1 cent, even though I was an American visitor, not a resident. As of this week 59% of U.S. physicians say that a Nationalized System would be better than what we presently have dictated to us by HMOs and the Drug Industry. From my own experience, I heartily agree.