Posted on 02/07/2008 6:17:49 PM PST by BGHater
Veterans have no legal right to specific types of medical care, the Bush administration argues in a lawsuit accusing the government of illegally denying mental health treatment to some troops returning from Iraq and Afghanistan.
The arguments, filed Wednesday in federal court in San Francisco, strike at the heart of a lawsuit filed on behalf of veterans that claims the health care system for returning troops provides little recourse when the government rejects their medical claims.
The Department of Veterans Affairs is making progress in increasing its staffing and screening veterans for combat-related stress, Justice Department lawyers said. But their central argument is that Congress left decisions about who should get health care, and what type of care, to the VA and not to veterans or the courts.
A federal law providing five years of care for veterans from the date of their discharge establishes "veterans' eligibility for health care, but it does not create an entitlement to any particular medical service," government lawyers said.
They said the law entitles veterans only to "medical care which the secretary (of Veterans Affairs) determines is needed, and only to the extent funds ... are available."
The argument drew a sharp retort from a lawyer for advocacy groups that sued the government in July. The suit is a proposed class action on behalf of 320,000 to 800,000 veterans or their survivors.
"Veterans need to know in this country that the government thinks all their benefits are mere gratuities," attorney Gordon Erspamer said. "They're saying it's completely discretionary, that even if Congress appropriates money for veterans' health care, we can do anything we want with it."
(Excerpt) Read more at sfgate.com ...
But Congress, the elite, get wonderful care, unlimited.
This is an all time low!
Anything from the SF Chronicle raises my hackles.
I think we should give the necessary care to veterans who need it, but these people want to foster the image of vast numbers of military personnel coming home psychologically damaged due to their wartime experiences.
As always, it is Vietnam all over again for them.
The vast majority of servicemen and women return home, integrate back into society and contribute productively. They want you to think they are all a hair’s breadth away from living on the street or climbing a bell tower.
Just my opinion on anything having to do with San Francisco.
Let’s see now:
Bush’s Just Us Department files a friend of the court brief OPPOSING the Appelate Court ruling OPPOSING the D.C. gun ban. Now Bush’s Just Us Department says vets have no right to mental health benefits.
Gee, I’m sure glad I voted for RINO Bush — twice.
This makes me sick at my stomach, we can take them and put them in horrible situations to fight while we wine and dine, send them to jail and prosecute them for making errors in a war you do not know who the enemy is.
They are supposed to wait and get killed in order to know if it is the enemy, I could go on and on, I am disgusted with our governments treatment of our veterans.
I don’t disagree one bit. I am on your side on this. It is the way the media uses things like this make me even more angry about it.
But its ok to give it to illegals and camel jockeys that want to kill us all. What an ass!
I have no clue? On what do you base that statement? Before you flame me, please finish reading what I have written here.
How many troops have we rotated through Iraq and Afghanistan, and how many of those are going to be diagnosed with a combat related mental disorder? You do the math, and tell me that the vast majority of servicemen and women DON’T come back and be productive members of society.
Are you saying that this war is different than WWII, Korea and Vietnam, and that it is MORE stressful and damaging than those conflicts were to those who served in them? That there is something more inherently horrible or awful about this war that is going to elevate dramatically the number of veterans who require long term psychological care? (Which, by the way, is what the SF Chronicle would like Americans to think. That’s my opinion.)
I would guess you have spent more time around military hospitals and wounded soldiers by a large margin than 99% of the rest of America, with your grandson going through what he has.
But try to keep it in perspective (which I genuinely understand is difficult, because your grandson is your own flesh and blood) But during other wars, the Veterans Hospitals were often overflowing with wounded and suffering men, and working in health care, I have had the opportunity to provide care to many of them over the years. Many of them still bear the scars fifty years later, both physically and emotionally. But they go on with their lives and do the best they can, the majority of them succeeding.
We can ALWAYS do more for them, it will likely never be enough. Most of them DON’T want to be painted as victims. They just want respect, gratitude and help when they need it.
“Are you saying that this war is different than WWII, Korea and Vietnam, and that it is MORE stressful and damaging than those conflicts were to those who served in them? That there is something more inherently horrible or awful about this war that is going to elevate dramatically the number of veterans who require long term psychological care?”
Yes, it’s called TBI traumatic brain injury (not that it never existed before, but the dramatic increase in it in this war). Because of medical advancements and amazing on the battle field medical care, more vets are surving attacks than ever in history. People who otherwise would’ve been dead are living. Obviously that’s a good thing, but an unforeseen (maybe) consequence of that is TBI and increased PTSD.
So yes, there is a big difference. Iraq has produced an astounding number of wounded vets with TBI and related serious problems (there’s some record setting statistic cited, I think highest survival rate or something). Thus, you have people who have suffered a horrible traumatic attack/injury and lived whereas in the past they would’ve been dead. The Military was and still is not prepared for this. There’s been testimony about this from the highest ranks in DOD.
Also, contributing to the issue is the fact that people are repressing their problems because of the military culture and not wanting to come across as needy or victims. Undiagnosed and untreated illnesses get worse over time.
In sum, we have a dramatic rise in TBI and related mental disorders coupled with a lack of resources, and young vets untrained and uneducated about recoginzing warning signs, about the importance of not repressing them, and knowing where to get help and it actually being available when needed. I despise the media. I hate most of anything associated with San Fran, but bashing the media for bringing this to light and denying the reality does not help the Vets and is a disservice.
The Bush administration should come out and say they don’t have the resources they need and ask Congress for whatever it will take. They can keep my rebate check for that.
Mine too.
But that is not the point I was making. The point is that the VAST majority of those who come back are indeed returning into society as functional members and do not require long term care either psychologically or medically. I know the statistics you are referring to, as I recall, the percentage of wounded or killed combat troops in Iraq and Afghanistan is half the rate of WWII or Korea, but the number of wounded who succumb to injuries has dropped from something like 25% to under 10%, which by definition means that more serious injuries are being survived.
I don't think we disagree. My point is you woudn't hear a peep about how our veterans are being mistreated by the government from the likes of the SF Chronicle between 1973 and 1993. There was no war.
GWB is not in control ... this is shameless ...
“My point is you woudn’t hear a peep about how our veterans are being mistreated by the government from the likes of the SF Chronicle between 1973 and 1993. There was no war.” Or from 1993-2000, even though there were wars, different ones, but wars nonetheless. More significantly, I believe the suicide rate was higher under Clinton’s administration despite general peace time. I don’t recall hearing a peep.
I don’t doubt media bias at all, it’s obvious and Vets are often pawns in a sick twisted liberal “game.”
Agreed.
A snappy hand salute for the guy and my hopes for the fullest recovery possible. Please give him my humble thanks.
Regards Freeper
Take away Congress’ retirements and benefits packages. Get rid of anyone here illegally, and pour the funds into the care for Freedom’s Wounded Warriors. This is B.S. plain and simple.
Dear Rose,
Prayers for your Tony and Ambrose. May God bless and take care of your family.
I agree...prayers for your family.
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