Federal Court won't help veterans?

UPDATE Veterans For Common Sense is taking this to the Supreme Court!

9th Circuit Court Reverses itself. Next Stop Supreme Court

Dear Supporter,

As you may have heard, this week the 9th Circuit Court of Appeals issued their En Banc decision regarding our lawsuit ruling against VCS and VUFT. While the majority decision once again confirmed that serious problems exists within the Department of Veteran's Affairs, they disagreed that the courts were the proper venue for the veterans to seek redress. We respectfully disagree and will be appealing this case to the Supreme Court of the United States. Our veterans are not second class citizens and should not be subject to an arbitrary and capricious system with special rules exempt from normal due process protections that other Americans enjoy. As it stands the VA can effectively do what it wants forcing veterans to languish for years This is just a set back, it is not the end of our 5 year struggle, to ensure veterans have timely access to the quality care that they need and deserve. The recent IG report quanitfying the serious problesms that persist at VA shows that our veterans need everyone's help. We need your support to keep up the fight. The 9th Circuit Court may have turned their back but we will never turn our back on veterans. You can sign on to be a part of our historic court case by donating today.

I was always taught our Constitution trumps statutes and that our Courts were our last bastions to preserve our rights and liberties;now that promise has proved hollow, and all I hear is the continuing echoes of men and woman in distress. We should all feel their pain. This day will be remembered as the day our country turned its back on our veterans. VCS vows to fight this heartbreaking decision all the way to the end, because 18 of our veterans commit suicide every day.”

Sincerely,
Patrick Bellon,MPA
Iraq Veteran
Executive Director

The government gave veterans excuses. The charities around the country spread out and sprung up. They watched the 99% protests while they wondered who the hell would fight for this part of the 1% serving today along with the less than 10% that served yesterday. Groups ended up showing exactly what they value. Veterans for Common Sense and Veterans United for Truth decided to try to legally force the government to honor their side of the deal only to discover the court says they have no authority? So where are you on this? Are you willing to fight for them? Protest for them? Call your senator or congressman? Call the media to make sure everyone knows how bad things are for them?

Fed court reverses order for VA system overhaul
PAUL ELIAS May 7, 2012

SAN FRANCISCO — A federal appeals court on Monday reversed its demand that the Veterans Affairs Department dramatically overhaul its mental health care system.

A special 11-judge panel of the 9th U.S. Circuit Court of Appeals said that any such changes need to be ordered by Congress or the president.

The 10-1 ruling reversed an earlier decision by a three-judge panel of the same court.

The May 2011 ruling had ordered the VA to ensure that suicidal vets are seen immediately, among other changes. It found the VA's "unchecked incompetence" in handling the flood of post-traumatic stress disorder and other mental health claims was unconstitutional.

The new decision said courts are powerless to implement the fixes sought by two veterans groups that filed the lawsuit against the VA in 2007. The lawsuits alleged that hundreds of thousands of veterans had to wait an average of four years to fully receive the mental health benefits owed them.

"There can be no doubt that securing exemplary care for our nation's veterans is a moral imperative," Judge Jay Bybee wrote for the majority. "But Congress and the president are in far better position" to decide whether and what changes need to be done.

The court said veterans are free to file individual legal claims, but courts had no business ordering systemic overhauls.

"If the courts don't have jurisdiction, then the veteran is left without a remedy," Erspamer said.

Veterans for Common Sense and Veterans United for Truth filed the lawsuit at the heart of the ruling in San Francisco federal court in 2007.

During the two-week trial without a jury in April 2008, lawyers for the groups showed the judge emails between high-ranking VA officials that the attorneys said confirmed high suicide rates among veterans and a desire to keep quiet the number of vets under VA care who attempt suicide.

"Shhh!" began a Feb. 13, 2008, email from Dr. Ira Katz, a VA deputy chief. "Our suicide prevention coordinators are identifying about 1,000 suicide attempts per month among the veterans we see in our medical facilities. Is this something we should (carefully) address ourselves in some sort of release before someone stumbles on it?"

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