Court Blasts Va Mental Health Care

[boomer2]

Maybe this will open some eyes in Congress and the White House.

http://www.military.com/news/article/appeals-court-blasts-va-mental-health-care-system.html?ESRC=eb.nl

[fanaticbooks]

Thanks boomer2,

My hubby mentioned it was on the news but I wasn't able to watch. Glad to read what it is about. I will check to see if VBN has this posted. If not will give them the article.

Appreciate your finding of this because I had intended to look myself. Now I don't have to do so. :)

fanaticbooks

[Berta]

YOU BET!

Accusing Congress and the president of neglecting to take appropriate action to save veterans' lives, a federal appeals court called for drastic improvements to the Department of Veterans' Affairs mental health care system.

The 9th Circuit U.S. Court of Appeals, in a 104-page decision issued on Tuesday, cited the failure of the political branches to address what it called the VA's "egregious problems" and "unchecked incompetence" in delivering mental health services to veterans.

That failure, the three-judge panel held, violated the veterans' due process rights under the U.S. Constitution.

http://www.reuters.com/article/2011/05/10/us-veterans-mental-health-idUSTRE7497KP20110510?feedType=RSS&feedName=domesticNews

This is a class action suit filed by Veterans for Common Sense and Veterans United for Truth.

The US Court of Appeals decision is here:

http://www.vawatchdogtoday.org/uploads/2011-05-10_9th_Circuit_decision.pdf

more info at

http://www.veteransforcommonsense.org/

[boomer2]

Berta

Thanks for posting the actual decision. I am sending this to my congressman and senator. I recommend that everyone else do the same. WE need to get their attention.

[Vync]

VA's "egregious problems" and "unchecked incompetence" in delivering mental health services to veterans

Can't get any more clear than that

[john999]

Why are not DAV, VFW and AL marching on Washington in protest? I understand this was VCS that got this going. They are claiming it anyway. It is a scandal and where are out million man VSO's in all this? They are worried about Tricare.

[Berta]

Yes-VCS Veterans for Common Sense (Paul Sullivan), Veterans United for Truth , and an entire class of adversely affected veterans were the Plaintiffs.

This lawsuit has had quite an ordeal and has been WON!

“The United States Constitution confers upon veterans and their surviving relatives a right to the effective provision of mental health care and to the just and timely adjudication of their claims for health care and service-connected death and disability,” Judge Stephen Reinhardt wrote for the majority. “

I wonder what the VA is going to do about this decision.

I also wonder how many veterans might be able to use this decision to warrant an earlier entitlement date for their PTSD if the diagnosis and treatment of it was delayed!

Between this decision and the Freeman decision, the VA is getting shoved down their throats that veterans have Constitutional Rights !!!!!---and the very system that has been created due to their service and sacrifice-

has crapped on veterans over and over again and this suit is bound to put a stop to some of that.

I dont think,since the defeated San Francisco case about 2 years ago regarding the same issue - that the DAV, AL, VFW etc etc ever thought this case would fly.

They treated it like a claim-if they don't believe in a vet's claim, they don't support it.

Gordon Espamner one of the finest Vets attorneys around- made front page at the LA times on this case.

http://www.latimes.com/health/la-me-0511-veterans-ptsd-20110511,0,1731423.story

I have not had time to fully read over this important decision.The language of the court was VERY strong and VA has not responded publicly yet to this.

My concern is what will this really mean for veterans with MH issues and how can this decision affect the claims process?

How will this impact on the families of veterans who committed suicide while waiting for VA health care?

Will this decision cause more FTCA and 1151 claims to be filed?

Could this support a better EED for some SC MH veterans who can prove their diagnosis and treatment was delayed?

Maybe we should start sending the VA the US Constitution as evidence in support of our claims!