Victory for Veterans - Judge Rules in Favor of VCS in Case Against VA

[fed-up]

at least the story is getting picked up by some of the major papers!

What the case is about
http://www.veteransptsdclassaction.org /

http://www.veteransforcommonsense.org/articleid/9109
Veterans for Common Sense
Jan 11, 2008


January 10, 2008, Washington, DC – The U.S. District Court in San Francisco today handed an enormous victory to veterans who sued the Department of Veterans Affairs (VA) over lengthy delays for medical care and disability benefits. The Judge’s ruling means our class action lawsuit against VA will move forward, with the first court hearing scheduled for next month.

“We won this round against VA. Veterans will have our day in court. The VA must now release documents under discovery about their deliberate attempts to deny and delay medical care and disability benefits for all veterans, especially our Iraq and Afghanistan war veterans,” said Paul Sullivan, the executive director of Veterans for Common Sense (VCS), the lead plaintiff organization that filed suit against VA.

On July 23, 2007, VCS and Veterans United for Truth (VUFT) filed a class action lawsuit against VA in order to force VA to provide prompt and high-quality medical care and disability benefits to veterans, especially those with mental health conditions such as Post Traumatic Stress Disorder (PTSD). “Our Iraq and Afghanistan war veterans are committing suicide while waiting for VA to answer their pleas for medical care. VA must make sure all our veterans receive prompt and high-quality medical care and disability benefits. The long waits at VA must end,” added Sullivan.

Shortly after VCS and VUFT filed suit, VA filed a motion to dismiss the case. On December 14, 2007, the U.S. District Court heard oral arguments in the case. On January 10, 2008, the Court ruled against VA and ordered the lawsuit to go to trial. The Court also ruled VA must provide free medical care for Iraq and Afghanistan veterans for two years. The Court ruling means discovery in the class action lawsuit will begin immediately. The first court date is set for February 22, 2008.

"The February hearing will focus on the VA's failure to provide mandated health care to our nation's veterans, which has lead to an epidemic of suicides by our returning warriors, who have been forced to carry on the battle alone ,” Sullivan said.

...snip

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/11/BAKDUDEB5.DTL
Judge in S.F. allows suit charging VA denies some vets health care
Bob Egelko, Chronicle Staff Writer
Friday, January 11, 2008

Veterans' advocates can proceed with a lawsuit claiming that the federal government's health care system for troops returning from Iraq and Afghanistan illegally denies care and benefits, a federal judge in San Francisco ruled Thursday.

U.S. District Judge Samuel Conti, a conservative jurist and a World War II veteran, rejected Bush administration arguments that civil courts have no authority over the Department of Veterans Affairs' medical decisions or how it handles grievances and claims.

If the plaintiffs can prove their allegations, Conti said, they would show that "thousands of veterans, if not more, are suffering grievous injuries as the result of their inability to procure desperately needed and obviously deserved health care."

..snip

http://www.mercurynews.com/crime/ci_7942515?nclick_check=1
Class-action lawsuit against VA approved
Judge says there is no adequate means to appeal rejection of post-traumatic stress disorder claims
By Josh Richman
STAFF WRITER
Article Launched: 01/11/2008 03:07:28 AM PST

http://www.opednews.com/articles/genera_aaron_gl_080111_federal_judge_allows.htm
January 11, 2008 at 14:07:50
Federal Judge Allows Major Class Action Lawsuit Against the VA
by Aaron Glantz

http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=49788

Kaiser Daily Health Policy Report

Coverage & Access | Federal Judge Permits Class-Action Lawsuit To Proceed Against VA for Inadequate Veterans Care

A federal judge in San Francisco on Thursday ruled that two veterans' advocacy groups can proceed with a class-action lawsuit claiming that the Department of Veterans Affairs violated federal laws and veterans' civil rights by delaying and denying benefits, the Contra Costa Times reports (Richman, Contra Costa Times, 1/11). U.S. District Judge Samuel Conti also ruled that veterans are legally entitled to two years of health care after leaving the service, despite government arguments that VA is required to provide only as much care as its budget allows in a given year, according to the San Francisco Chronicle (Egelko, San Francisco Chronicle, 1/11).

..snip


and thanks to kpete

Federal Judge Allows Major Class Action Lawsuit Against the VA
Posted on: January 11, 2008 - 12:57pm by Aaron Glantz

A federal court in San Francisco has cleared the way for a major national class action lawsuit on behalf of veterans suffering from Post Traumatic Stress Disorder. The VA had sought to dismiss the lawsuit claiming that the groups bringing the suit, Veterans for Common Sense and Veterans United for Truth, were simply "advocacy organizations" and did not have standing to sue on behalf of the estimated 320,000 to 800,000 service members returning from Iraq and Afghanistan with cases of PTSD.

The complaint, filed in federal court in July, sought a Judge's order finding that VA's system of handling disability claims and appeals is so dysfunctional that it violates veterans' constitutional and statutory rights. The suit also calls for court orders requiring VA to provide immediate medical and psychological help to returning troops and to screen them for risk of suicide.


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In his 42 page ruling allowing the class action suit to go forward, U.S. District Court Judge Samuel Conti wrote the federal system for weighing individual veterans' claims "does not provide an adequate alternative remedy for Plaintiffs' claims for several reasons.

The Judge's ruling means the class action lawsuit against VA will move forward, with the first court hearing scheduled for next month.

more at:
http://warcomeshome.org/content/federal-judge-allows-major-class-action-lawsuit-against-va