1-14-08, 10:56 am

A class action lawsuit against the Department of Veterans Affairs (VA) over lengthy delays for medical care and disability benefits can go forward, ruled a federal judge last Thursday in San Francisco.

The lawsuit was filed last summer by Veterans for Common Sense (VCS) and Veterans United for Truth 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).


Paul Sullivan, the executive director of VCS, declared victory. In a press statement, he said, “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.”

The decision came just as media reports suggest that returning veterans are disproportionately involved in violent crime incidents, alcohol and drug abuse, and suffer from mental trauma.

“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.

According to a recent New York Times investigation of the problems of returning veterans, mental and physical health care problems are highly treatable. While stigmatization of service members who seek mental health care is a major factor, the Pentagon blames an overburdened veterans health care system for the failure to effectively detect mental trauma and difficulties adjusting to civilian life.

George W. Bush vetoed a defense authorization bill recently passed by an overwhelming bipartisan majority in both House of Congresses that would have increased funding for mental health care for returning veterans.

Political Affairs reported in 2005 that the Bush administration viewed veterans benefits as 'hurtful' to national defense. The administration sought several ways to reduce benefit payments, including systematically failing to tell veterans about which benefits they were eligible for, increasing fees for medical treatments, and privatizing services at veterans facilities.

Privatization of services earned the administration negative publicity and congressional scrutiny when a 2007 a Washington Post investigation exposed poor treatment of veterans at Walter Reed Army Medical Center, including neglect and unsanitary conditions.

According to government data compiled by VCS, as of October 2007, the Department of Defense had deployed a cumulative total of 1.6 million service members to the Iraq and Afghanistan war zones. Of those, 750,000 are now veterans eligible for VA healthcare and disability benefits.

More than 264,000 Iraq and Afghanistan war veterans have already been treated at VA hospitals. However, of the 52,000 diagnosed by VA with PTSD, only 19,000 are receiving disability compensation for PTSD. According to VA statistics, veterans wait more than six months on average for disability benefit decisions from VA.

Another court hearing next month could determine if the VA has abided by the plaintiffs request for access to additional government documents related to the case. '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.

--Reach Joel Wendland at