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Injured Iraq war veterans to sue VA head
AP ^ | 23 July 2007 | Hope Yen

Posted on 07/23/2007 12:07:48 PM PDT by BGHater

Frustrated by delays in health care, a coalition of injured Iraq war veterans is accusing VA Secretary Jim Nicholson of breaking the law by denying them disability pay and mental health treatment.

Suing on behalf of hundreds of thousands of veterans, it charges that the VA has failed warriors on several fronts — from providing prompt disability benefits, to adding staff to reduce wait times for medical care to boosting services for post-traumatic stress disorder.

VA spokesman Matt Smith said Monday he could not comment on a pending lawsuit. But he said the agency is committed to meeting the special needs of Iraq war veterans.

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.

It asks that a federal court order the VA to make immediate improvements that would speed disability payments, ensure fairness in awards and provide more complete access to mental health care.

"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.

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.

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.

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

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.


TOPICS: Government
KEYWORDS: iraq; jimnicholson; lawsuit; nicholson; oifveterans; va; veterans
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To: MountainFlower

Thanks for the pings. God bless you and yours. :)


21 posted on 08/03/2007 11:03:50 PM PDT by Killborn (BASH BUSH!! All the COOL kids are doing it!!!! Perfect for people with no logic or reason!)
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To: MountainFlower

BTTT


22 posted on 08/04/2007 3:16:30 AM PDT by E.G.C.
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To: BGHater
Where’s the American Legion, the VFW and the DAV. I thought these organizations were supposed to work on behalf of our vets?

From the comments on this thread I see a lot of inconsistency on how those requiring help are treated.

23 posted on 08/04/2007 3:20:36 AM PDT by Jimmy Valentine's brother (Crush your enemies; see them driven before you and hear the lamentation of their women - Conan)
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To: Jimmy Valentine's brother
In 2001 I took a friend who was falling down to the VA hospital. The emergency room was closed and we found a very big waiting room with a hundred or so people. I went to see who was in charge and found a rude foreign national who pointed to a sign in sheet. They admitted him to the hospital and he couldn't get any sleep because loud blacks were shucking and jiving in the halls all night. They called and told me to come get him, but he was not ready for discharge. They had no diagnosis or treatment plan, just eleven future appointments. He went off his many drugs and got relief. I know others who are on too many meds.

So, this is how the VA was when Clinton left, after using it as an affirmative action vehicle for 8 years. I do think it is better now.

24 posted on 08/04/2007 9:31:34 AM PDT by ClaireSolt (Have you have gotten mixed up in a mish-masher?)
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To: Killborn; E.G.C.

you’r welcome and Thanks! God bless you both!


25 posted on 08/04/2007 5:40:27 PM PDT by MountainFlower (There but by the grace of God go I.)
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To: BGHater

To be perfectly honest I am glad to see Nicholson resign.

I attended The American Legion National Convention in Salt Lake City UT. last year and I listend to him speak, he went on about “how The VA health care system is the best health care in the world according to Time Magazine” he just rambled on about how great everything was, and how it was all because of him, rathering than addressing some of the major issues.

he lost my respect after that speach.


26 posted on 08/04/2007 8:38:40 PM PDT by Lady J USA 1981
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To: river rat

The doctors at the VA are some of the best in the country. They were responsible for saving my Dad’s life.

I have had two surgeries at the one in West Los Angeles years ago, and am supposed to have another. It is the logistics of handling the number of vets that seems to be the problem. I have been bumped once by my count, two by theirs. Then on Tuesday I reported once again for the surgery only to find out that I wasn’t scheduled. The story changed several times from, “No. You are scheduled on Friday.”, to “You are tenatively scheduled on Friday.”, to “No. You aren’t on Friday. We’ll call when we have an opening.” There was a fellow that had driven over two hours, only to be told he wasn’t scheduled since he failed his pre-op. They claimed that he had been called, but his wife was adamant that they hadn’t. Then there was the guy that they took to OR and was turned away because he had a fever. They knew that before they took him upstairs.


27 posted on 08/08/2007 11:20:55 AM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: Beckwith

I usually do too, but their logistics are the problem, not the medical care.


28 posted on 08/08/2007 11:21:48 AM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: em2vn

I’m a Cold War vet with a long history of leg problems. After I left active duty I entered the Guard. Why they let me in I don’t know. I received a Medical Discharge, yet I’m not considered “service connected”. Go figure.

The contract we signed said that after 6 months, when we became veterans, that we would receive full medical and pharmacy, plus limited vision with dental in emergency. This was supposed to be for life. Then some congress decided to change the rules. I have to fight for what I was promised.


29 posted on 08/08/2007 11:29:42 AM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: Jimmy Valentine's brother

“From the comments on this thread I see a lot of inconsistency on how those requiring help are treated.”

The inconsistency is easily attributed to the variance of quality of treatment from hospital to hospital. However, if we look at the big picture, I think it is the logistical problems rather than care. Plus, we as military people love three things: coffee, cigarettes, and complaining.


30 posted on 08/08/2007 11:32:58 AM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: river rat

“Warrior families should be taking a VERY hard look at the Government - BEFORE they allow their sons or daughters to enlist in TODAY’s military...”

You weaken our security and discourage young people from great opportunities because of the actions of the Left? If we did that we would be aiding and abetting their agenda. I for one encourage those so inclined towards military service to pursue it.


31 posted on 08/08/2007 11:44:33 AM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: oneamericanvoice
complaining

I'd forgotten that was how you know the troops are still alive. Guess cold beer is a little fuerther down the list

32 posted on 08/08/2007 12:06:02 PM PDT by Jimmy Valentine's brother (Crush your enemies; see them driven before you and hear the lamentation of their women - Conan)
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To: oneamericanvoice

What service organization is representing you?
How long were you in the Guards? I can see how that service might be tripping you up.


33 posted on 08/08/2007 1:29:05 PM PDT by em2vn
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To: Jimmy Valentine's brother

“I’d forgotten that was how you know the troops are still alive. Guess cold beer is a little fuerther down the list”

LOL!! And indeed, the beer (cold or otherwise) is farther down the list.


34 posted on 08/08/2007 3:44:56 PM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: em2vn

“What service organization is representing you?
How long were you in the Guards? I can see how that service might be tripping you up.”

I don’t have a service organization right now. I’ve given up on the AmVet guy since he hasn’t done anything, which I chock up to family problems. I was active duty Army for 7 years in which there are numerous instances of leg problems. Then approximately 1 year in the Guard.

I pursued disability before and the board decided it was a pre-existing condition, to which I pointed out that had it been pre-existing they would have disqualified me from serving. I’m going to try another tactic. If that doesn’t work, you might see me on the media.


35 posted on 08/08/2007 3:51:45 PM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: oneamericanvoice

The DAV is very good at helping vets with disability claims. Since you were given a medical discharge I think the DAV be able to help you.
How long ago did you file your claim and how long did it take for the VA to deny it.


36 posted on 08/08/2007 5:53:30 PM PDT by em2vn
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To: em2vn

I’ll check into it. The original claim was filed years ago. I can’t remember whether it was in the eighties or nineties. It didn’t take them that long to deny it. But I’m not sure if I introduced the medical discharge or not. The care from active duty should have been enough. I was so naive.


37 posted on 08/08/2007 6:05:18 PM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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