|
Injured Iraq
war veterans sue VA
(October
2007 Issue)
By Catherine Robertson Souter
Many of our troops return from Iraq and Afghanistan injured not
only physically but mentally. But instead of the immediate, comprehensive
care they should be getting, in many cases, they face a bureaucratic
system not prepared to handle the increased need.
"When a person is discharged from the military, they are entitled
to two years of medical care in the Veterans Administration system
and after that, only if they have a disability rating," says Melissa
W. Kasnitz, J.D., managing attorney for Disability Rights Advocates
(DRA). "Frequently, the two-year right to care proves illusory because
of delays in getting appointments and lack of medical personnel."
To further complicate matters, she adds, veterans often have trouble
applying for benefits for ongoing health care. One report claims
that the VA has a backlog of disability payments of up to 600,000
and an appeal on a rejected claim takes an average of 657 days to
resolve.
"It is a bureaucratic disaster," Kasnitz says. "If denied, it
can take years for claims to be resolved."
In July, a veterans' group filed a class-action lawsuit against
the U.S. Department of Veterans Affairs, claiming that the VA has
not provided the care they are entitled to and, furthermore, that
the way that claims are handled is unconstitutional. The lawsuit
does not ask for monetary damages, just that the system be changed.
On behalf of the Veterans for Common Sense, the DRA, a California-based,
non-profit law firm, has joined forces with the law firm of Morrison
& Foerster, (working pro-bono), to represent the veterans.
"We are arguing that it violates their constitutional rights to
due process because it takes so long. The system is full of procedural
pitfalls that have enormous effects on veterans," says Kasnitz.
Through a spokesperson, the VA has stated it does not comment regarding
pending lawsuits but that the agency is "committed to meeting the
special needs of Iraq war veterans."
Another concern is that the VA both decides who is entitled to
receive care and delivers the care itself, which puts too much authority
in the hands of the agency.
While the lawsuit, the first of its kind, specifically represents
veterans with Posttraumatic Stress Disorder (PTSD), the changes
would benefit everyone who must work through the VA system.
"PTSD is the signature condition of troops returning from the current
wars in Afghanistan and Iraq," says Kasnitz.
Although the case could take years to be resolved in the court
system, the claimants hope that, by bringing this case to court,
it will highlight some of the specific issues and changes that are
needed and bring more attention to the problem.
"We are using the channel that we are familiar with. We recognize
that this is a major political issue of the time and there is a
lot happening," says Kasnitz. "Everyone does their piece."
|
