The
9th Circuit Court of Appeals ruled against the Department of Veterans Affairs (VA) in a lawsuit brought by
two non-profit groups over the VA's failure to provide proper mental health care for veterans in need. More than 3 months ago the panel referred to how the VA was addressing the mental health needs of its veterans as "unchecked incompetence," which in turn was causing "unconscionable delays" in necessary service for
veterans disability. The VA is challenging that ruling.
Veterans United for Truth and Veterans for Common Sense originally brought the lawsuit against the VA. They claimed the VA was so burdened with red tape and bureaucracy it was denying veterans their "constitutional right to mental health care and to the timely adjudication of disability claims."
The groups used the escalating rate of suicides among veterans as proof of the VA's failures. For those veterans under VA care at the time, 4-5 were taking their own lives every day. The Appeals panel acknowledged the VA's widespread failings in a 2-1 decision.
In the Court's decision, they took note of the fact the VA did not employ a single suicide prevention officer at any outpatient clinic. It also found that of all the VA health care facilities, 70% of them lacked the ability to "track potentially suicidal patients." Further, the Court found the VA would need to implement changed "systemwide" given the influx of young veterans requiring mental health services. The case was remanded back to the District Court to establish a plan to put the necessary changes into effect.
Instead of working on that plan, the VA is attempting to have the case re-heard as they argue a 1988 law bars Federal Circuit Courts from "second-guessing" any VA decision over veterans benefits. This, the VA argues, is why the
Court of Appeals for Veterans Claims was established.
If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits
contact our veterans disability rights firm today - 1-888-234-5758.
Category: Veterans' Disability
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Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.