"Erspamer showed the judge two e-mails written last year among high-ranking officials that said an average of 18 military veterans kill themselves each day—and five of them are under VA care when they commit suicide. Another e-mail said 1,000 veterans under VA care attempt suicide each month. "
VA urges dismissal of health care lawsuit
By PAUL ELIAS
Associated Press Writer
04/21/2008
source
SAN FRANCISCO—A government lawyer on Monday urged a judge to dismiss a lawsuit charging the Department of Veterans Affairs with failing to properly treat thousands of veterans for mental illness, saying the VA runs a "world class" medical care system.
In opening statements of the trial, veterans' lawyers painted a diverging portrait of the system, one in which suicides and suicide attempts are rising at alarming rates because of VA incompetence and recalcitrance to address the issue.
Two veterans groups have joined in a class-action lawsuit against a sprawling VA system that handled a record 838,000 claims last year. U.S. District Court Judge Samuel Conti is hearing the case in a two-week trial, without a jury.
Justice Department lawyer Richard Lepley argued Monday that the VA has responded to the unprecedented number of claims, which officials say is being driven by aging Vietnam veterans and other warriors of the Cold War era, by launching a massive new hiring process.
Lepley told the judge that the VA has added more than 3,700 new "mental health physicians" to a mental health professional staff of 17,000 that treats increasing cases if post-traumatic stress disorder and other psychological problems in the last year.
"We are staffing up," Lepley said. "We can't do it overnight."
Government lawyers say the VA has been devoting more resources to mental health and making suicide prevention a top priority. They also argue that
the courts don't have the authority to tell the department how it should operate.
Earlier in the morning, veterans lawyer Gordon Erspamer told the judge that the VA isn't doing enough, calling for the judge to order a massive overhaul of how the VA processes claims and perhaps hire a "special master" to preside over the agency.
Erspamer cited a RAND Corp. report released last week estimating that 300,000 U.S. troops—about 20 percent of those deployed—are suffering from depression or post-traumatic stress from serving in Iraq and Afghanistan.
Erspamer showed the judge two e-mails written last year among high-ranking officials that said an average of 18 military veterans kill themselves each day—and five of them are under VA care when they commit suicide. Another e-mail said 1,000 veterans under VA care attempt suicide each month.
And many of the 900,000 troops currently deployed in war zones in Iraq and Afghanistan will soon need to be treated for post-traumatic stress disorder, Erspamer said.
The plaintiffs' lawyer also complained that it takes too long for the VA to process new claims—an average of about 180 days and probably longer for post-traumatic stress.
It also takes an average of more than five years for the VA to decide a veteran's appeal of denied coverage, Erspamer said. In the last six months, 526 vets have died while awaiting word of their appeal within the VA, he noted.
"This is a serious problem," Erspamer told the judge.
In addition to overhauling the system, Erspamer said veterans should have access to lawyers and other court tools that they're currently barred from using in the VA appeals process.
The government's attorney countered that involving more lawyers in the process will add to the delays rather than reduce wait times. Lepley also argued that it takes the VA longer to process claims than typical private insurance companies because it has to prove a veteran's disability was incurred during service time.
Lepley noted the VA will spend $3.8 billion for fiscal year 2008 on mental health and announced a policy in June that requires all medical centers to have mental health staff available all the time to provide urgent care.
By PAUL ELIAS
Associated Press Writer
04/21/2008
source
SAN FRANCISCO—A government lawyer on Monday urged a judge to dismiss a lawsuit charging the Department of Veterans Affairs with failing to properly treat thousands of veterans for mental illness, saying the VA runs a "world class" medical care system.
In opening statements of the trial, veterans' lawyers painted a diverging portrait of the system, one in which suicides and suicide attempts are rising at alarming rates because of VA incompetence and recalcitrance to address the issue.
Two veterans groups have joined in a class-action lawsuit against a sprawling VA system that handled a record 838,000 claims last year. U.S. District Court Judge Samuel Conti is hearing the case in a two-week trial, without a jury.
Justice Department lawyer Richard Lepley argued Monday that the VA has responded to the unprecedented number of claims, which officials say is being driven by aging Vietnam veterans and other warriors of the Cold War era, by launching a massive new hiring process.
Lepley told the judge that the VA has added more than 3,700 new "mental health physicians" to a mental health professional staff of 17,000 that treats increasing cases if post-traumatic stress disorder and other psychological problems in the last year.
"We are staffing up," Lepley said. "We can't do it overnight."
Government lawyers say the VA has been devoting more resources to mental health and making suicide prevention a top priority. They also argue that
the courts don't have the authority to tell the department how it should operate.
Earlier in the morning, veterans lawyer Gordon Erspamer told the judge that the VA isn't doing enough, calling for the judge to order a massive overhaul of how the VA processes claims and perhaps hire a "special master" to preside over the agency.
Erspamer cited a RAND Corp. report released last week estimating that 300,000 U.S. troops—about 20 percent of those deployed—are suffering from depression or post-traumatic stress from serving in Iraq and Afghanistan.
Erspamer showed the judge two e-mails written last year among high-ranking officials that said an average of 18 military veterans kill themselves each day—and five of them are under VA care when they commit suicide. Another e-mail said 1,000 veterans under VA care attempt suicide each month.
And many of the 900,000 troops currently deployed in war zones in Iraq and Afghanistan will soon need to be treated for post-traumatic stress disorder, Erspamer said.
The plaintiffs' lawyer also complained that it takes too long for the VA to process new claims—an average of about 180 days and probably longer for post-traumatic stress.
It also takes an average of more than five years for the VA to decide a veteran's appeal of denied coverage, Erspamer said. In the last six months, 526 vets have died while awaiting word of their appeal within the VA, he noted.
"This is a serious problem," Erspamer told the judge.
In addition to overhauling the system, Erspamer said veterans should have access to lawyers and other court tools that they're currently barred from using in the VA appeals process.
The government's attorney countered that involving more lawyers in the process will add to the delays rather than reduce wait times. Lepley also argued that it takes the VA longer to process claims than typical private insurance companies because it has to prove a veteran's disability was incurred during service time.
Lepley noted the VA will spend $3.8 billion for fiscal year 2008 on mental health and announced a policy in June that requires all medical centers to have mental health staff available all the time to provide urgent care.
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Veterans United For Truth
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