Appellate Court Rules Poor VA Mental-Health Care for Vets Is Unconstitutional

[kpete]

Source: TIME

Appellate Court Rules Poor VA Mental-Health Care for Vets Is Unconstitutional
Posted by Mark Thompson Tuesday, May 10, 2011



The wars in Afghanistan and Iraq potentially got a lot more costly Tuesday. That's because a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco has concluded that the Department of Veterans Affairs' treatment of mentally-ailing vets is so poor it is unconstitutional.

"Among other issues, Veterans ask us to decide whether these delays violate veterans' due process rights to receive the care and benefits they are guaranteed by statute for harms and injuries sustained while serving our country," the three-panel judge ruled unanimously. "We conclude that they do."

It is a far-reaching decision that could prove exceptionally costly for the country, if the plaintiffs -- a pair of veterans' groups -- and the VA can't come to an agreement. The panel ordered a federal district judge -- who had tossed the lawsuit out in 2008 -- to work with both sides and try to hammer out a new mental-health treatment plan.

The plaintiffs are Veterans for Common Sense, in Washington, D.C., and Veterans United for Truth, based in California. The three-judge panel included Chief Judge Alex Kozinski, appointed to the bench by President Reagan, and a pair of judges -- Procter Hug Jr. and Stephen Reinhardt -- appointed by President Carter. Reinhardt wrote the toughly-worded decision, which was hailed by veterans. "This decision hopefully will serve as a model for veterans in the future, and as a testament to the bond of faith between our citizens and the defenders of our freedom," said Gordon Erspamer, who argued the case before the panel on behalf of the veterans' groups. The VA and Justice Department had no immediate comment.



Read more: http://battleland.blogs.time.com/2011/05/10/appellate-court-rules-poor-va-mental-health-care-for-vets-is-unconstitutional/#ixzz1M3GQ9Jri

[msedano]

1. could prove exceptionally costly for

whom? the article declares keeping the contract with military veterans will be costly. sheesh, the men and women with mental dysfunctions are paying with their lives and lifestyles, having already demonstrated their willingness to die for the nation. the nation fears the costs of caring for these vets? i do not. tax and spend, provide these veterans the care they are due.

mvs
army, 69-70

[Snoutport]

3. Not treating them is more costly to society...

[ladywnch]

5. there you go again with that long term vision stuff again......

you should know by now that American's vision only extends 90 days (one financial quarter) at a time. Anything further out than 90 days is 'futuristic' at best.

[blueclown]

2. If only the same principle was applied to numerous private health insurance plans.

Be interested to see how this particular appeals court rules when provisions of Obamacare reach their dockets in the near future.

[fascisthunter]

4. ah yes, use the constitution against your own soldiers=sick