Veteran Issues Digest Number 1786

[admin]

1. Retirees, disabled vets still can file for 2008 stimulus payments

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Fri May 2, 2008 10:51 am (PDT)

May 2, 2008

Retirees, disabled vets still can file for 2008 stimulus payments

WASHINGTON (AFRNS) -- Even though April 15 has passed, the Internal Revenue
Service is reminding retirees, disabled veterans and others who normally do
not file a tax return that there is still time to submit a 2007 form to
receive an economic stimulus payment.

People who have no tax filing requirement but have at least $3,000 in
qualifying income should file a simple Form 1040A. Qualifying income
includes any combination of earned income, nontaxable combat pay as well as
certain payments from Social Security, Veterans Affairs and railroad
retirement.

"Don't worry if you did not file a return by April 15. If you meet the
criteria, you are still eligible for a stimulus payment. The quicker you
file, the quicker you'll get your payment," said Doug Shulman, IRS
commissioner.

People must file a return by Oct. 15 to receive an economic stimulus payment
this year.

Mr. Shulman is urging friends and family members to reach out to
acquaintances or relatives who may either be unaware of the economic
stimulus payment or unable to file the tax return themselves.

"We need everyone's help to make sure all eligible people get the economic
stimulus payments," he added.

For taxpayers who are required to file an income tax return, the IRS will
use the 2007 tax return to determine eligibility for economic stimulus
payments of up to $600 ($1,200 for married couples). There also is a
payment of $300 for each qualifying child younger than 17.

Those people not required to file a return because their income is too low
or nontaxable must file a tax return to obtain their economic stimulus
payment. The Economic Stimulus Act of 2008 provides a minimum payment of
$300 ($600 for married couples) plus the $300 payment per eligible child, if
the person (or married couple) has at least $3,000 in qualifying income.

The types of Social Security benefits that are considered qualifying income
include retirement, disability and survivor payments. Supplemental Security
Income is not qualifying income. The types of Veterans Affairs benefits
that are considered qualifying income include disability compensation,
disability pension and survivor payments.

People not otherwise required to file an income tax return must file a
simple Form 1040A with basic information to ensure that they receive the
economic stimulus payment. This information includes their name; address;
dependents, if any; amount of their qualifying income (which must be $3,000
or more); direct deposit information and their signatures. Forms 1040A and
instructions are available at <file://www.irs. gov/> Internal Revenue Service.

Eligible people, including their qualifying children, must have Social
Security numbers. Also, people cannot be claimed or be eligible to be
claimed as a dependent on another's tax return. People with Individual
Taxpayer Identification Numbers are not eligible.

There are IRS Taxpayer Assistance Centers open during the week to provide
assistance. To find an IRS office near you, go to <file://www.irs. gov/>
Internal Revenue Service and click on "Contact IRS," then "Contact Your Local IRS
Office." These sites offer free tax preparation and filing for individuals
and families whose income is $40,000 or less. A select number of volunteer
tax assistance sites in local communities may also remain open. People can
call (800) 906-9887 to find the volunteer tax assistance site closest to
them.

If people want to file their own return electronically, they can still use
Free File - Economic Stimulus Payment, also available at
<file://www.irs. gov/> Internal Revenue Service. This program provides free software and
free electronic filing of Form 1040A. (Courtesy of the IRS)

2. HR 5954, Fight for Veterans Unknowingly Exposed to Toxic Tests in 60

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Fri May 2, 2008 11:08 am (PDT)

Tell your congressman to support this bill...if Thompson or Rehberg are your
Rep's. thank them

CONTACT:

Anne Warden (Thompson) at (202) 225-3311, (703) 338-4480 or
<mailto:anne.warden@ mail.house. gov> anne.warden@ mail.house. gov
Mike Thompson (D-CA) http://mikethompson .house.gov/

Bridger Pierce (Rehberg) at (202) 225-3211, 406-581-8971 or
bridger.pierce@ mail.house. gov
Denny Rehberg (R-MT) http://www.house. gov/rehberg/

FOR IMMEDIATE RELEASE:

May 1, 2008

Thompson and Rehberg Fight for Veterans Unknowingly Exposed to Toxic Tests
in 60s and 70s

WASHINGTON - Today, Congressmen Mike Thompson (D-CA) and Denny Rehberg
(R-MT) introduced legislation that would provide healthcare to veterans who
were unknowingly subjected to biological and chemical weapons tests
conducted in the 1960s and 70s.

The existence of these tests, known as Project 112, including Project SHAD,
was denied by the Department of Defense (DoD), despite reports from
participating veterans that they were being stricken with unusual diseases.
The DoD now acknowledges that the tests took place, but the Veterans
Administration (VA) will not provide these veterans with health benefits and
compensation for their diseases. The Thompson-Rehberg legislation would
require the VA to assume the toxins used in the weapons tests caused injury
to the veterans, making them eligible for medical benefits and/or
compensation for their conditions.

"For ten years, I've been fighting to get the government to acknowledge
that these extremely dangerous tests made some of our brave veterans sick
and even caused some of their deaths," said Thompson. "These men risked
their lives for their country, and in return, their government treated them
like guinea pigs and has for years turned its back on them. This
legislation will make sure they don't have to wait any longer for the help
they need and deserve."

"Project 112 is one test the Department of Defense has undoubtedly flunked,"
said Rehberg. "Now, these brave men and women who served our country have
been left to suffer. These veterans deserve quality healthcare and
recognition by their government that it understands what they've had to go
through. This bill is a great step toward that."

Project 112, which included Project SHAD, was conducted between 1963 and
1973 by the Department of Defense and other federal agencies. During these
projects, a number of weapons containing chemical and biological agents such
as VX nerve gas, Sarin Nerve Gas and E. Coli were tested on unknowing
military personnel.

Normally, a veteran must provide proof of a connection between service and
the health condition being claimed. This bill would provide veterans of
Project 112 a "Presumption of Service Connection," which means that the VA
presumes the relationship between service and a health condition is based on
the other criteria, such as dates and location of service. For example,
veterans exposed to Agent Orange during the Vietnam War are already given a
"Presumption of Service Connection."

In addition, this bill instructs the Secretary of Veterans Affairs within
180 days of enactment to notify all veterans of potential exposure to the
biological or chemical weapons used in Project 112 and Project SHAD. A
Government Accountability Office report (GAO-04-410) issued in May of 2004
concluded that a substantial number of veterans still remain unaware that
tests were conducted on them.

The Thompson-Rehberg legislation has been endorsed by the Vietnam Veterans
of America.

###

CONTACT:

Anne Warden (Thompson) at (202) 225-3311, (703) 338-4480 or
<mailto:anne.warden@ mail.house. gov> anne.warden@ mail.house. gov

Bridger Pierce (Rehberg) at (202) 225-3211, 406-581-8971 or
bridger.pierce@ mail.house. gov

3. FW: Congressman Filner Veterans Bill Announcements & comments by Kel

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Fri May 2, 2008 11:14 am (PDT)



_____

From: Sp5kelley2nd94th@ aol.com [mailto:Sp5kelley2nd94th@ aol.com]
Sent: Friday, May 02, 2008 12:56 PM
To: undisclosed- recipients:
Subject: Congressman Filner Veterans Bill Announcements

Congressman Filner Veterans Bill Announcements

Below is a link for these announcements and some personal comments.

<http://www.2ndbatta lion94thartiller y.com/Chas/ CongressmanFilne rAnnoucements
.htm>
http://www.2ndbatta lion94thartiller y.com/Chas/ CongressmanFilne rAnnoucements.
htm

Kelley

NEWS FROM.

CHAIRMAN BOB FILNER

HOUSE COMMITTEE ON VETERANS' AFFAIRS

FOR IMMEDIATE RELEASE: April 30, 2008

Contact Kristal DeKleer at (202) 225-9756

<http://veterans. house.gov/> http://veterans. house.gov

House Veterans' Affairs Committee Approves Landmark Bills

Washington, D.C. - Today, the House Veterans' Affairs Committee led by
Chairman Bob Filner (D-CA), approved fourteen bills to improve services and
benefits provided for America's veterans at the Department of Veterans'
Affairs. "Caring for veterans is an ongoing cost of war and the measures
passed today will have an impact on our veterans and their dependents," said
Chairman Filner. "I would like to thank the Subcommittee Chairs and the
Ranking Members for their hard work and strong bipartisan leadership in
crafting these bills that we have passed today."

Five of the bills passed today address the health care needs of veterans,
including a bill to authorize major medical facility projects and leases for
Fiscal Year 2009.

1. H.R. 2790, as amended - To amend title 38, United States Code, to
establish the position of Director of Physician Assistant Services within
the office of the Under Secretary of Veterans Affairs for Health.

2. H.R. 3819 - To amend title 38, United States Code, to require the
Secretary of Veterans Affairs to reimburse veterans receiving emergency
treatment in non-Department of Veterans Affairs facilities for such
treatment until such veterans are transferred to Department facilities, and
for other purposes.

3. H.R. 5729 - To amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to provide comprehensive health care to
children of Vietnam veterans born with Spina Bifida, and for other purposes.
(Passed with amendment)

4. H.R. 5554, as amended - To amend title 38, United States Code, to
expand and improve health care services available to veterans from the
Department of Veterans Affairs for substance use disorders, and for other
purposes.

5. H.R. 5856 - To authorize major medical facility projects and major
medical facility leases for the Department of Veterans Affairs for fiscal
year 2009, and for other purposes.

The Committee took great strides to improve readjustment services and
benefits for troops and veterans with the passage of seven bills. The
Committee approved legislation to improve the VA home loan program,
including H.R. 4883 and H.R. 4884, both introduced by Bob Filner (D-CA),
Chairman of the House Committee on Veterans Affairs. H.R. 4883 would
prohibit foreclosure of property owned by a service member for one year
following a period of military service. H.R. 4884, the Helping Our Veterans
to Keep Their Homes Act of 2008, would increase the maximum home loan
guarantee amount and reduce the home loan funding fees for veterans. The
Committee also approved H.R. 5684, a bill to improve veterans' educational
benefits for active duty troops. The author of the bill, Congresswoman
Herseth Sandlin, accepted an amendment to also include educational benefit
increases for members of the National Guard and Reserve.

6. H.R. 3681 - To amend title 38, United States Code, to authorize the
Secretary of Veterans Affairs to advertise in the national media to promote
awareness of benefits under laws administered by the Secretary. (Passed
with amendments)

7. H.R. 3889, as amended - To amend title 38, United States Code, to
require the Secretary of Veterans Affairs to conduct a longitudinal study of
the vocational rehabilitation programs administered by the Secretary.
(Passed with amendment)

8. H.R. 4883 - To amend the Servicemembers Civil Relief Act to provide
for a limitation on the sale, foreclosure, or seizure of property owned by a
service member during the one-year period following the service member's
period of military service. (Passed with amendment)

9. H.R. 4884, as amended - To amend title 38, United States Code, to
make certain improvements in the home loan guaranty programs administered by
the Secretary of Veterans Affairs, and for other purposes. (Passed with
amendment)

10. H.R. 4889, as amended - To amend title 38, United States Code, to
recodify as part of that title chapter 1607 of title 10, United States Code.

11. H.R. 5664, as amended - To amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to update at least once every six
years the plans and specifications for specially adapted housing furnished
to veterans by the Secretary.

12. H.R. 5684, as amended - To amend title 38, United States Code, to
make certain improvements in the basic educational assistance program
administered by the Secretary of Veterans Affairs, and for other purposes.
(Passed with amendments)

The final two bills approved by the Committee would provide a cost-of-living
adjustment for service-connected disability compensation rates and would
modernize the disability claims processing system at the VA.

13. H.R. 5826 - To increase, effective as of December 1, 2008, the rates
of disability compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for survivors of
certain service-connected disabled veterans, and for other purposes.

14. H.R. 5892 - To amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to modernize the disability benefits claims
processing system of the Department of Veterans Affairs to ensure the
accurate and timely delivery of compensation to veterans and their families
and survivors, and for other purposes.

"This Committee continues to take bold action to keep the promises that have
been made to our veterans," said Chairman Filner. "I thank my colleagues
for their persistent efforts to make positive differences in the lives of
our veterans."

Comments:

While this seems to be a good start on many of the issues I discussed with
Congressman Filner and other congressmen and has been the focus of many our
discussions and attempts to rectify the mindless power of Veterans Affairs
and the lack of transparency on presumptive disorder associations rules and
protocols, if there is any established in writing that is by the VA/IOM
connection; (prior to that it was the VACEH/VA connection) it does not go
far enough on many fronts. Legal fronts those legal implications which
Veterans and Widows are subjected that no other segment of society is
negatively affected by those rules as victims or stakeholders. The Veterans
Community does not fall under the same legal rules of evidence as the rest
of the citizenship from either VA or IOM, or one could conclude even from
our own congress.

Once again, leaving open interpretations as to what congress really wants
that Veterans Affairs can interpret any way it wants is not going to work;
as VA will be less than honorable in trying to accomplish those undefined
and non-mandated Congressional goals.

For example on Number 2

2. H.R. 3819 - To amend title 38, United States Code, to require the
Secretary of Veterans Affairs to reimburse veterans receiving emergency
treatment in non-Department of Veterans Affairs facilities for such
treatment until such veterans are transferred to Department facilities, and
for other purposes.

This has been on the books forever that during an emergency the Veteran can
go to the nearest hospital and Veterans Affairs will reimburse the hospital
or Veteran. However, Veterans Affairs in the past has argued for sometimes
years that there was no emergency. Now since they were not there and cannot
read the mind of the Veteran or family; I do not know how they argue the
point but they do and the VA clerks just deny deny deny. Deny to the point
the Veterans home is attached by the treating hospital and assets seized.
Of course, for the illegal in this nation, this is not allowed. Does not
make much sense now does it.

This new statement by congress means nothing and is certainly not new unless
there are mandated requirements in; maximum time to resolve the issue,
evidence and/or statements needed in support, or other such defined criteria
that Veterans Affairs must accept and then the minimum time limit Veterans
Affairs has to pay the bill. Such as within 60 days.the treating hospital
and/or the Veterans Family SHALL be reimbursed.

Congress has sooner or later got to realize unless they are specific,
Veterans Affairs will operate on behalf of the Executive Branch just as they
have in the past. In other words, do not assume integrity when there is
none.

I wonder what ever happened to the Senate VAC spouting off they were going
to allow Veterans to go to any hospital rather just the VA and see who the
Veterans would pick with the Senate advertised "most Veterans prefer VA care
to other care down the street from their homes." I would bet that after
they found out that only 20% of Veterans actually use the VA Health Care
they kind of changed their minds. Although I have written articles and
suggested that while VA free health care was at one time only unique to our
segment it is no longer unique to our nation with probably 10 times that
amount getting free health care wherever and whenever they choose.

And there are many other financial issues that could be addressed as to the
cost savings and supporting rural communities with one federal buck creating
two bangs.

In other words, this entire VA Medical system other than a few specific
areas, may have had its day in history.

Then we have Number 6.

6. H.R. 3681 - To amend title 38, United States Code, to authorize the
Secretary of Veterans Affairs to advertise in the national media to promote
awareness of benefits under laws administered by the Secretary. (Passed
with amendments)

This is one issue I have argued vehemently based on my experience with not
only my Battalion Members, Marines located in the same area but also the
friends I grew up with in my hometown that also served in our war; one
Marine with two battlefield promotions. These warriors had no idea of the
presumptive disorders that had affected them for decades or that they were
even allowed to go to VA Medical Centers. Why? Because there had been no
Veterans Affairs outreach programs at the national level to inform these
warriors of the mortality and morbidity disorders created by DoD. Of
course, we know the reasons why.

My suggestions had been, given the so-called support of the national print
and broadcast media, that as a very minimum twice a year (Memorial Day and
Veterans Day) the media should with financial support from VA at least run
the banner ads across the bottom all day on informing the Veterans and/or
their widows the benefits and/or presumptive disorders. When VA was asked
what outreach they had their comment was, "they inform the VSO's."

I go back to my point on VSO's. When did VSO's become the mouthpiece for
all Veterans and the sole distributor of Veterans Affairs information? In
fact, their membership may represent 1/10th of all Veterans and less than
that on Widows who have Service Connected Benefits and legal rights. Yet,
time and time again VSO's testify with their own agenda's and not
necessarily, what is important to all Veterans and/or Widows. Veterans and
Widows do not get to testify, so congress hears most of what it wants to
hear.

Moreover, yes both VA and Congress love the fact that there are so many
VSO's that keep everyone divided rather than one organized unit that will
speak loudly and not just whisper in protest as if their gonads are cut off;
as not to offend the VA or Congress.

I am thinking of starting my own VSO that will be exclusive blonde blue eyed
Veterans that must have neuropathy and have been wounded only in the stomach
area. Then one of you can create another one for Marines only that are dark
hair and dark eyes with neuropathy.. ..... and so forth. Ridiculous? You
bet it is but that is about what we have now. Beer, Barbeque, Bingo, Bank
Accounts are more important.

Now what I found missing in these new HR Bills is once again unless specific
measurable requirements are mandated then these will be put in the trash can
by VA no different than many of the others that congress has concluded are
the wishes for Veterans by Congress; at least on advertised face value (more
for votes than real action).

Missing again, which would be very simple to demand for the Nations Veterans
and Widows is the definition of when the Veteran dies his or her claim dies
with him. This definition not only promotes the incessant stalling and
denying with intended bias by VA. By default makes the Veterans family
subsidize the government with their own resources from wounds created by our
own government.

It should be mandated, since there are no complex medical decisions to be
made and only verifying three data points and in many cases according to
VA's own rules the level of compensation is automatic, that these claims be
approved within 60 days followed by funds deposited via electronic transfer
no later than 30 days later. This process should not take 6 to 18 months
leaving the Veteran and his or her family footing the disability created
bills while in some cases, the Veteran expires before the stalled approval
and then our government reaps the benefits of that unpaid earned
compensation to be used for folks that have done nothing for the nation
other than breath the free air provided by the now uncompensated deceased
Veteran.

It should also be mandated that Veterans Affairs given a Veterans case that
includes a spouse and/or a soon to be Widow and/or minor children that VA
cannot dismiss the case based on the passing of the Veteran which puts the
now widow back at the longest line when it should have been decided with the
original case since there are benefits in perpetuity that apply to those
decisions. In fact, the widow's case should continue automatically and the
monies now stalled for months or even years should be paid to the widow from
the time the original case was submitted. After that time line the widow
should then be entitled to survivor DIC benefits.

This just might stop the stalling as the Executive Branch and its VA puppets
would no longer have motive to stall these claims until the Veteran
succumbs.

Do not punish our dying Veterans and their Widows because of poor VA
performance that is inexcusable and unjustifiable, which many would conclude
is "as ordered and nothing but SOP."

It should also be ordered by Congress that those Veterans with Stage Four
mortality disorders caused by our own government and listed in the
presumptive disorders, which is extremely lacking due to bias, lack of
transparency at to what is required by VA/IOM.these claims shall be resolved
at 100% with financial support to the family in no less than 30 days. Work
out the details later.

Moreover, no you do not need two years of training to do this at VA level.
Comparing and then verifying three data points, should take "days" not
years!!!!!!! Bring in some part time help if needed. I recall some
churches had even volunteered to help in this venue... free of charge.

I still say without direct specific measurable criteria of what constitutes
a presumptive disorder by congress, Veterans and their families are going to
languish and die with no support from VA/IOM. It has never happened before
in the previous Veteran Issues such as Nuclear, LSD, Edgewood, SHAD, and I
would conclude it is not going to happen for the Herbicide Veterans or the
Gulf War Veterans.

Only after Congress admits that in these issues there is little integrity in
the Executive Branch, White House, Bureau of Budget, DoD, VA/IOM, chemical
companies, even some members of the CDC, EPA, our own congress, and
certainly the government funded studies done by the major players (which we
now know are useless and only used as government/VA/ IOM denial tools), etc
and then establishes the real measurable requirements that it wants for
Veterans. Only then will we and our Widows achieve some sort of legal
resolution that approximates the legal constitutional rights afforded to all
citizens except those that have served in the military and actually did
something to earn and protect those legal rights for all.

Certainly there is much more to get done in immune system disorders as well
as all site cancers and the issues of cellular damages and mitochondrial DNA
level.

Kelley




4. FW: Final arguments in Suit against VA

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Sat May 3, 2008 7:53 am (PDT)

also see
http://www.fogcityj ournal.com/ wordpress/ 2008/04/30/ attorneys- present-final- a
rguments-in- veterans- neglect-federal- case/

_____

From: James [mailto:starjm50@yahoo. com]
Sent: Saturday, May 03, 2008 3:32 AM
To: Jim
Subject: Epidemic of Suicides

Veterans Combat VA in Lawsuit
Seeking Adequate and Timely Healthcare

http://www.fogcityj ournal.com/ wordpress/ 2008/05/01/ %E2%80%9Cepidemi c-of-suic
ides%E2%80%9Dvetera ns-combat- va-in-lawsuitsee king-adequate- and-timely- health
care/




By John F. Hoctor
May 1, 2008
Alarming rates of suicide compared to previous U.S. military conflicts have
united veterans of Iraq and Afghanistan in a declaration of war on their own
soil against the U.S. Department of Veterans Affairs.

<http://www.fogcityj ournal.com/ wordpress/ 2008/04/30/ attorneys- present-final-
arguments-in- veterans- neglect-federal- case/> Closing arguments in the first
national class-action lawsuit filed against the VA by veterans of the Iraq
and Afghanistan conflicts, were presented yesterday in Federal court in San
Francisco.
The lawsuit, known as Veterans for Common Sense v. Peake, accuses the VA of
systematically denying veterans desperately needed medical treatment,
leading to an "epidemic of suicides," and long delays in treatment for
traumatic brain injury, post traumatic stress disorder (PTSD) and other
"invisible wounds."
"The suicide problem is out of control," said Gordon Erspamer, lead attorney
with Morrison & Foerster who is representing Veterans for Common Sense and
Veterans United for Truth in a national class-action lawsuit against the VA.
"Our veterans deserve better," Erspamer said. "There are waiting lists to
see a doctor that usually go for at least a month. If you're suicidal, you
can't wait a month. You can't wait three months. People placed on waiting
lists have killed themselves. It's a documented fact."

Paul Sullivan, Executive Director for Veterans for Common Sense, who
testified at the trial said, "The 12,000 attempted suicides per year shows
clearly, without a doubt, that there is an epidemic of suicide among
veterans."
Veterans Wait-Listed for Months or Years
But Erspamer noted that veterans aren't only being wait-listed for medical
treatment for psychological trauma and other "invisible" wounds, but run the
gamut of severe injuries.
"We're dealing with people who are almost totally disabled. People who have
lost arms, lost legs in these wars, people who have come home with Post
Traumatic Stress Disorder or physical brain injury. We can't have these
people waiting for months and years for the treatment they need," Erspamer
said.
Erspamer said the VA has arbitrarily denied coverage to thousands of vets,
that it takes nearly a year to decide whether it will provide coverage to
veterans suffering from PTSD, and takes as long as four years to address
veterans' appeals cases.
"The system is in crisis and unfortunately the VA is in denial," Erspamer
exclaimed within the marble and walnut lined Federal courtroom, urging U.S.
District Court Judge Samuel Conti to appoint a special master to oversee the
troubled agency.
The veterans' groups are also seeking a judge's order forbidding the VA from
turning away any veteran who shows up at a facility seeking mental health
care.
Lawsuit Seek Immediate Treatment for Vets in Need
The lawsuit seeks Conti to issue a preliminary injunction to force the VA to
immediately treat veterans who are at risk of suicide, or show signs of
PTSD, and to overhaul internal systems that handles benefits claims. The
lawsuit alleges that numerous VA practices stemming from a 1998 law violate
the constitutional and statutory rights of veterans suffering from PTSD by
denying veterans mandated medical care.
The two veterans groups suing the VA want Conti to order the agency to
dramatically improve how fast it processes applications and how it delivers
mental health care, especially when it comes to preventing suicides and
treating PTSD. They state that the case is not about damage compensation.
Bush Administration Says Vets' Class Action Is Illegal
Notably, the Bush Administration, elected for two terms in part for a
"Support Our Troops" platform, has repeatedly tried to have the veterans'
suit dismissed, arguing that the groups lacked standing because they were
associations, not individual veterans. The administration went so far as to
argue that the entire notion of a veterans' class-action lawsuit is illegal,
claiming that veterans are required to petition individually.
Justice Department attorneys argued in court papers filed in March 2008 that
Iraq and Afghanistan veterans were not "entitled" to the five-years of free
healthcare upon their return from combat as mandated by Congress in the
"Dignity for Wounded Warriors Act."
Rather, the VA argued, medical treatment for war veterans was discretionary
based on the level of funding available in the VA's budget.
Multiple times during his opening statement, Justice Department lawyer
Richard Lepley categorized the veterans' groups as "special interests" and
argued the changes they seek in their lawsuit - better and faster mental
health care, and more rights for veterans appealing denials of benefits -
are beyond the judge's authority.
"You have no standards to judge," Lepley told Conti. "This court shouldn't
be trying to be a substitute for what the medical professionals at the VA
decide."
But during trial, Dr. Gerald Cross, Principal Deputy Under Secretary for
Health at the Veterans Health Administration, said veterans of Iraq and
Afghanistan were not only entitled to free healthcare, but added, "There is
no co-pay."
Conti Rules for Due Process
During the trial, Conti, a World War II veteran himelf, dismissed the
government's claims.
"It is within the court's power to insist that veterans be granted a level
of due process that is commensurate with the adjudication procedures with
which they are confronted," Conti wrote in a January ruling.
Arguments in the first national class-action lawsuit brought on behalf of
Iraq and Afghanistan war vets accused top government officials of
deliberately deceiving veterans and the American public about the actual
risk of suicide among vets. Government documents produced as evidence during
the trial back up the allegations.
"Shh" Email: 1,000 Suicide Attempts per Month, 18 Suicides per Day
On April 21, the first day of trial, the now-infamous VA internal December
2007 email written by Dr. Ira Katz, the VA's mental health director, was
submitted as evidence. The email states that 12,000 veterans per year under
VA care were attempting suicide. Widely circulated within the VA, the email,
titled "Not for the CBS News Interview Request" told a tragic tale.
"Our suicide prevention coordinators are identifying about 1,000 suicide
attempts per month among the veterans we see in our medical facilities,"
Katz wrote. The email concludes: "Is this something we should (carefully)
address ourselves in some sort of release before someone stumbles on it?"
In November Katz told CBS, "There is no epidemic in suicide in VA," and that
there were only 790 attempted suicides in all of 2007, a fraction of Katz's
estimate stated in the internal email. In the same email Katz wrote there
"are about 18-suicides per day among America's 25 million veterans."
Senator Calls for Katz' Dismissal
"The suicide rate is a red-alarm bell to all of us," said Sen. Patty Murray
(D-Wash). Murray said the VA's mental health programs are being overwhelmed
by Iraq and Afghanistan war veterans, even as the department tries to
downplay the situation.
"I think we ought to be worried," Murray said, adding that, as with
Vietnam-era vets, some of the more violent symptoms might not show up for
50-years.
"They can be walking time bombs for decades," Murray said. "I hope everyone
in the VA understands this."
Murray said the VA has lied about the number of veterans who've attempted
suicide and has demonstrated a pattern of misleading Congress about the
increasing number of soldiers who served in Iraq and Afghanistan who are now
seeking help and straining Defense Department and VA facilities and
programs.
Murray said she's spoken with VA Secretary James Peake and demanded that he
fire the man in charge of the department's mental health programs: Dr. Ira
Katz. The Denator said Peake has yet to respond to her request.
In a Feb. 5, 2008, letter, Peake told Congress that 144 Iraq and Afghanistan
combat veterans committed suicide between October 2001 and December 2005.
Bob Filner (D-CA), House Chairman of Veterans Affairs, flatly called the
situation a national disgrace.
In an April 22, 2008, letter Sen. Daniel K. Akaka (D-Hawaii), chairman of
the Senate Veterans' Affairs Committee called for the resignation of Dr. Ira
Katz from his post as the chief mental health officer at the Department of
Veterans Affairs.
"Dr. Katz's personal conduct and professional judgment have been called into
question," Akaka wrote. "I believe veterans, and the Department of Veterans
Affairs, would be best served by his immediate resignation. "
Senator Hillary Clinton stumping last week in Ft Wayne, Indiana, weighed in
on the VA controversy sweeping Washington, with observations that recall her
generations' battles with Vietnam vets.
"They are generally neglected, as in Walter Reed," Clinton said. "Vets ask,
'Where do I go to get my brain back?'"
Clinton pointed out that traumatic brain injury funds were cut in Bush's
latest budget. She said that the government has a duty to give service back
to the vets after their service and sacrifice.
"We have the greatest military in the world but force is a last resort not a
first resort," Clinton said.
RAND Corporation Study
A recent RAND Corporation <http://www.rand. org/multi/ military/ veterans/>
study strongly suggests that suicide and suicide attempts, traumatic brain
injury, PTSD, and the psychological toll on the troops in Iraq and
Afganistan, many involving multiple rotations, is disproportionately high
compared with the physical injuries of combat.
Since the September 11, 2001, attacks on New York City and Washington,
approximately 1.7 million U.S. troops have been deployed for Operation
Enduring Freedom and Iraqi Freedom (OEF/OIF) in Afghanistan and Iraq. In the
face of mounting public concern over post-deployment health care issues
confronting OEF/OIF veterans, several task forces, independent review
groups, and a Presidential Commission, have been convened to examine the
care of the war-wounded and make recommendations.
Concerns have been most recently centered on two combat-related injuries in
particular: PTSD and traumatic brain injury. With the increasing incidence
among returning veterans, concern about depression is also on the rise.
The RAND Corporation' s study said approximately 300,000 U.S. troops sent
into combat in Iraq and Afghanistan are suffering from major depression and
PTSD, and 320,000 have received traumatic brain injuries.
"There is a major health crisis facing those men and women who have served
our nation in Iraq and Afghanistan, " said Terri Tanielian, a researcher at
RAND who worked on the study. "Unless they receive appropriate and effective
care for these mental health conditions, there will be long-term
consequences for them and for the nation. Unfortunately, we found there are
many barriers preventing them from getting the high-quality treatment they
need."
Vets Need Treatment Presumption
"Seeking help from the Department of Veterans Affairs involves a two-track
system," according to the veterans' complaint filed before the court. "A
veteran will go to the Veterans Health Administration for diagnosis and
medical care, and a veteran goes to the Veterans Benefits Administration to
apply for service-connection and disability compensation. "
The brief states: "The VA is failing these veterans as they move along both
of these parallel tracks. They are not receiving the healthcare to which
they are entitled - and where they do receive it, it is unreasonably delayed
- and they are not able to get timely compensation for their disabilities,
which means that they have no safety net.
"These two problems combine to create a perfect storm for PTSD veterans:
They receive no treatment, so their symptoms get worse; and they receive no
compensation, so they cannot go elsewhere for treatment. The failings of
these two separate but interrelated systems are what this action seeks to
address."
Paul Sullivan, Executive director of Veterans for Common Sense, urged
Congress to enact legislation to immediately overhaul the VA.
"Congress should legislate a presumption of service connection for veterans
diagnosed [with] PTSD who deployed to a war zone after 9/11," Sullivan said.
"A presumption makes it easier for dedicated and hard-working VA employees
to process veterans' claims. This results in faster medical treatment and
benefits for our veterans."
Warnings Signs Ignored
Chris Scheuerman, a retired Special Forces master sergeant, testified before
a Congressional committee in March. He said there is an urgent need for
mental health reform in the military.
Scheuerman said his son, Pfc. Jason Scheuerman, went to see an Army
psychologist because he had become suicidal. The Army psychologist wrote up
a report saying Jason Scheuerman "was capable of (faking) mental illness in
order to manipulate his command," according to documents the soldier's
father turned over to Congress.
"Jason desperately needed a second opinion after his encounter with the Army
psychologist, " Chris Scheuerman testified before the Armed Services
Committee's Military Personnel Subcommittee.
"The Army did offer him that option, but at his own expense," Scheuerman
said. "How is a PFC (private first class) in the middle of Iraq supposed to
get to a civilian mental healthcare provider at his own expense? I believe a
soldier should be afforded the opportunity to a second opinion via
teleconference with a civilian mental healthcare provider of their own
choice."
Jason Scheuerman shot himself with a rifle July 30, 2005. The 20-year-old' s
suicide note said, "Maybe now I can get some peace."
PAXIL = Peace?
It has been reported during the trial on KPFA radio, April 21, that
15-minute monthly VA "quickie" face time sessions with mentally affected
vets has been ending with the usually young vet being prescribed PAXIL, a
well known and widely prescribed anti-depressant. In fact, Frank Schoenfeld,
assistant chief of mental health the Regional VA, San Francisco, admits it's
not fool proof.
"Yes, PAXIL is a trade name prescription drug that is well known to the
public," Schoenfeld said. "However it has strong side effects (include
depression) that make its use somewhat questionable in these cases."
But plaintiffs' Attorney Arturo Gonzalez produced internal VA e-mails that
contends 18 veterans a day are committing suicide. Kussman countered that
the figure, provided by the Centers for Disease Control and Prevention,
included all 26 million veterans in the country, including aging Vietnam
veterans who are reporting an increased number of health problems.
Kussman said that suicide prevention was a VA priority and that the agency
instituted new measures in the past 18 months; including training its
workers to identify suicidal patients and establishing a 24-hour suicide hot
line for veterans.
A change Is Gonna Come
Under cross examination by veterans' lawyer Sidney Wilensky, Dean of
Catholic University's Law School, William Fox, who previously litigated a
case in front of Judge Conti 35 years ago, made his case for VA reform.
"I liken the F-minus performance of the VA currently to the judicial
situation that led to the historic desegregation ruling of Brown v. Topeka,
Kansas School Board, in 1954," Fox said. "Congress only has the power to
repeal the 62-year-old rating schedule that has kept legitimate claims from
being addressed in a timely fashion. The VA itself can internally reform the
rest of the challenges. I strongly recommend the Social Security model of
delivery too, as a solution."
As the plaintiffs' team of lawyers held an impromptu press conference
yesterday following closing arguments in the trial, echoes of former Bush
era calamities seemed to reverberate throughout the legal teams'
afterthoughts. Gonzalez seemed to speak for America's frustration,
disappointment, and sense of loss.
"Why is this happening?" Gonzalez asked. "The reason this is happening is
because the American people don't know about the alarming suicide rates and
that is just another cost to this war that they [the Bush adminstration]
don't want people to know about. If the public knew about the money spent
and wasted, and exactly how many of our young men and women are killing
themselves, they would be outraged. They don't want the public to know the
truth."

Following the trial yesterday, vet advocates packed up their evidence boxes
and high-tech trial gear. They left the courtroom optimisitc Judge Conti
will initiate the required changes to fix a broken system.
Plaintiff Attorney Sid Wolinsky predicts a virtual vet tsunami of veterans'
claims during the next decade if a judicial decision reverses the effects of
the broken bureaucracy.

Currently, there are no plans being implemented to accommodate as many as
700,000 new claims predicted to occur over the next 10-years by Nobel Prize
winning economist Joseph Stiglitz.
"It's clearly a broken bureaucracy and dysfunctional system as it stands
today owing to the sheer amount of evidence we presented," Stiglitz said.
"This judge can make the determinations. The court can effect those changes
for our veterans and reverse course. They deserve that."
After fighting the good fight for over a year for those who fought
unquestioningly in Afghanistan and Iraq, Gordon Erspamer summed up the case:
"Justice delayed is justice denied."