VA fails at PTSD care, lawsuit charges

[unhappycamper]

VA fails at PTSD care, lawsuit charges
By Kelly Kennedy - Staff writer
Posted : Thursday Apr 3, 2008 6:23:31 EDT

Veterans for Common Sense is suing the Department of Veterans Affairs because, the group says, VA is so thoroughly bogged down with a backlog of 600,000 benefits claims that Iraq and Afghanistan veterans with post-traumatic stress disorder are not receiving the care they need.

The trial begins April 21 in U.S. District Court for the Northern District of California.

The lawsuit, which names VA Secretary Dr. James Peake as defendant, — is a class action filed by a large group of veterans who allege “a system-wide breakdown” in the way the government treats veterans with PTSD. They say several suicidal veterans have unsuccessfully sought VA mental health care.

Representatives from veterans service organizations, VA and mental health experts are expected to testify.

According to Gordon Erspamer, an attorney representing the veterans pro bono, the lawsuit challenges a backlog in handling claims, “appellate delays of five to 10 years” for disability ratings, waiting lists and the “inadequacy of VA care for PTSD.”


Rest of article at: http://www.armytimes.com/news/2008/04/military_veteransaffairs_lawsuit_040208w/

[TomInTib]

1. And Paul said,"Hey! I just shot my car".

"What's the big deal?"

Hung himself in the Harris County Jail that very night.

We told them.

But they would not listen.

Tom

[fed-up]

2. VCS-Media Advisory-TRIAL TO BEGIN IN FEDERAL COURT CASE BY WOUNDED VETS AGAINST VA

http://www.veteransforcommonsense.org/articleid/9703

Paul Sullivan and Bob Handy

Veterans for Common Sense and Veterans United For Truth
Apr 02, 2008


MEDIA ADVISORY: TRIAL TO BEGIN IN FEDERAL COURT CASE BY WOUNDED VETS AGAINST VA

PRESS CONTACTS:

1. Paul Sullivan, Veterans for Common Sense, [phone]

2. Robert M. Handy, Veterans United for Truth, [phone]

3. Gordon P. Erspamer, Attorney, Morrison & Foerster, [phone]

4. Sidney M. Wolinsky, Attorney, Disability Rights Advocates, [phone]

WHAT: Trial

WHO: Before Senior Judge Samuel Conti, United States District Court, Northern District of California.

WHEN: Monday, April 21, 2008, at 9:00 a.m.

WHERE: Federal Courthouse, Courtroom #1, 17th Floor, 450 Golden Gate Avenue, San Francisco, CA

Senior Federal District Court Judge Samuel Conti has expeditiously set trial in this ground-breaking nationwide lawsuit against the Department of Veterans Affairs (VA) challenging systemic problems in the VA’s health care and adjudication systems for disabled veterans. The trial, to begin on April 21, will include testimony from the heads of national veterans organizations, top VA officials and some of the leading experts in the country on the widespread failings of the VA system.

Tragically, the VA has been neglecting wounded veterans returning from service in Iraq and Afghanistan who are in desperate need of ongoing care and support, including medical treatment and disability payments for living expenses. Among those suffering the most are returning veterans with mental disabilities such as post-traumatic stress disorder (PTSD). Veteran suicides have reached an epidemic level, with over 120 veterans taking their own lives every week. This lawsuit is unprecedented in directly challenging the VA’s 600,000 case backlog in handling claims, appellate delays of five to ten years, the waiting lists that veterans face before receiving health care, and the inadequacy of VA care for PTSD.

PTSD is a psychiatric disorder that can develop in a person who witnesses or is confronted with a traumatic event. PTSD is the most prevalent mental disorder arising from combat. The suit claims that numerous VA practices violate the constitutional and statutory rights of veterans by denying veterans safeguards in the VA benefits process and mandated medical care. The suit also calls for court orders requiring the VA to provide immediate medical and psychological help to returning troops and to screen them for risk of suicide.

[fed-up]

3. Members Needed 4 Lawsuit v VA's Lack of Mental Health Care

http://www.opednews.com/maxwrite/diarypage.php?did=6787

March 27, 2008 at 23:58:35

Members Needed 4 Lawsuit v VA's Lack of Mental Health Care

Diary Entry by JOY2U


If you have a family member who has tried to get care from the VA on mental health issues, your testimony is needed in a class-action lawsuit pending in federal court. Anyone - veteran or family member - who has had problems with the VA over mental health issues should register with the attorneys representing veterans and provide their testimony. Please read further for details.

::::::::

Dear Members of Military Families Speak Out,

If you have a family member who has tried to get care from the VA on mental health issues, your testimony is needed in a class-action lawsuit pending in federal court. Anyone - veteran or family member - who has had problems with the VA over mental health issues should register with the attorneys representing veterans and provide their testimony. Please read further for details.


Background:Last July, 2007, two veterans' groups filed a class action suit against the Veterans Administration on behalf of 600,000 veterans The veterans groups that filed the lawsuit are Veterans United for Truth and Veterans for Common Sense.(Veterans for Common Sense et al v. Peake, Case No. C 07 3758, U.S.D.C., N.D. Cal. 2007) The case accuses the VA of failure to provide prompt mental health care to veterans with PTSD and failure to promptly and accurately process disability claims.Testimony from individual veterans and MFSO family members is needed, and we are writing to you today to urge you to participate.


Although it was feared that the judge hearing this case would dismiss it, Judge Samuel Conti has allowed the case to proceed in the U.S. District Court in San Francisco.In mid-March, he heard testimony from both sides, and he has ruled that a full trial on the issues will begin on April 21, 2008. Despite the extreme backlog of cases and epic levels of suicides among veterans, the VA is arguing that veterans are only entitled to health care if the VA decides to provide it, that veterans lack any "entitlement" to health care.The class action complaint seeks a judicial finding that the VA's system of handling claims and appeals is so dysfunctional that it violates veterans' constitutional and statutory rights.The suit also calls for court orders requiring the VA to provide immediate medical and psychological help to returning troops and to screen them for risk of suicide.

What can MFSO members do to help? First, if your family member has had trouble obtaining help from the VA, register as a participant in this case.Either the veteran or his/her family member who has had problems with the VA over mental health issues is urgently needed to register. Your testimony is confidential. Often family members are providing the evidence, because the veteran has given up or is reluctant to complain. Sign up to participate here. There you will find a very short form to complete, after which you will be contacted by the law firm representing the veterans, Morris & Foerster. They will conduct a brief phone interview with you and ask you to provide more details. They are friendly and understanding of veterans' reluctance to talk. In the record provided to the court, the name and personal information of the veteran will be redacted. (Only the judge can see the personal data, if he so requests. Personal data is kept by the veterans' attorneys as client-privileged data.)

This is a serious opportunity for MFSO members to contribute to this important lawsuit.If you have questions, you can also contact Sandy Cook at Veterans United for Truth at [e-mail], if you still have questions or are reluctant to contact the attorneys yourself, MFSO Board member Linda Englund will be happy to talk to you via phone [phone]) or email ([e-mail]) for further details.


MFSO members can do one more thing to assist the progress of this lawsuit.The VA and Dept. of Justice attorneys are trying to get Veterans for Truth thrown out of the case as not having standing to sue. They are asking for MFSO members to join VUFT as members. The more members they can claim, the stronger their standing as plaintiffs and the stronger this case is.Sign up with VUFT at http://www.vuft.org/membership.html.