By John Hoctor
June 28, 2008
A federal judge ruled Wednesday against two veterans organizations seeking injunctive relief against the Department of Veterans Affairs (VA).
U.S. District Judge Samuel Conti rejected the groups claims arguing his court lacked jurisdiction.
The veterans groups are asking for fast-track intervention to order expeditious development of a fair, systematic means to process veterans’ claims for treatment of life-threatening problems in light of the numbers of veterans having committed or attempted suicide, as well as those with post-traumatic stress disorder (PTSD) and other emotional traumas.
Many vets returning from Iraq and Afghanistan are suffering with PTSD.
Veteran suicides have reached epidemic levels with over 120 veterans reportedly taking their own lives every week. As many as 1,000 vets under VA care are attempting suicide per month.
Calling the plaintiffs claims “misdirected” within the first paragraph of the 82-page legal decision, Conti said jurisdiction “lies with Congress, the secretary of the Department of Veterans Affairs, the adjudication system within the VA, and the Federal Circuit.”
Lawyers for the plaintiffs said Conti’s decision threatens veterans’ constitutional rights and vowed to appeal the ruling.
“The decision, if upheld on appeal, would suggest that veterans have no enforceable rights in America, and the Constitution does not apply to veterans,” remarked lead plaintiffs counsel, Gordon Erspamer. “For all Americans, the implications of this decision are profoundly disturbing.”
“Our fight on behalf of our veterans will continue,” Erspamer added.
Co-counsel Sid Wolinsky said, “I know that we will not rest until victory has been achieved and the suffering of our veterans ceases.”
Judge Conti, himself a World War II veteran, acknowledged some veterans experienced “significant” wait-listing in attempts to receive timely treatment, but said he could find no “systemic violations” that compelled court intervention.
During the April hearing in San Francisco, veterans sought a court order to compel the VA to improve veterans’ treatment of mental health and health care services.
Ruling could result in continued wait-listing of emotionally traumatized veterans
Dr. Judith Broder, who founded the Soldiers Project, a free and confidential counseling service for service members and their families, expressed concern about the impact of the Conti’s ruling on PTSD-afflicted veterans.
“What I think it means is that there will be more tragic stories,” Broder said. “If there are delays, which probably are inevitable, unless the person has an advocate . . . they’ll throw up their hands and say ‘forget it.’ Even if that doesn’t mean suicide, it can mean lots of suffering.”
VA “pleased” with outcome
The VA is “pleased with the decision,” VA Washington, D.C. spokesperson Phil Budahn said, “but we’re not going to go beyond that right now.”
Paul Sullivan, executive director of Veterans for Common Sense, said he was only temporally deterred by the ruling.
“This ruling will only cause us to redouble our efforts and our pursuit of justice for our nation’s veterans,” Sullivan said. “We will not rest until our job is finished.”
Veterans United for Truth Director Bob Handy added, “Every time we feel discouraged or need to find our way, we always return to the VA’s motto, ‘To Care for Him Who Hath Borne the Battle, and His Widow and His Orphan,’ and that tells us what we need do.”
Congressional response: Allocate more $$$
Rep. Bob Filner (D-Chula Vista), who chairs the House Veterans Affairs Committee, said he believed there was enough evidence of systemic negligence.
“People think VA stands for ‘Veterans Adversary’ because they have to fight, fight, fight for benefits that should be a no-brainer,” Filner said.
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