Court Takes Back Ruling On VA Mental Health

In May a three judge panel of the 9th U.S. Circuit Court of Appeals ordered the VA to institute a
new mental health care program that would speed the appeal process for denied claims, and
provide more timely mental health care and ensure that suicidal veterans are seen immediately.

In its May ruling the court held that the VA takes an average of four years to provide complete
health care that veterans have earned. It also noted that often a suicidal veteran can wait weeks
for a first appointment.

The court ruled that the slow handling of PTSD and other mental health claims was unconstitutional.

On Wednesday the 2-1 ruling was overturned when a majority of the court's judges voted to
rehear the case. The case will now be heard by an 11 judge panel on yet to be decided date. 

Veterans have complained for a long time that the VA is just not taking proper care and is very slow
in the handling of claims. Many say that it takes years to get into the VA system and often
have to appeal a denied claim two or three times.

These men and women feel they are second class citizens and are treated with disdain and
by uncaring staff.

While it is know that the VA is working very hard to change the processes and hire more
health care workers, it is a slow process; and something must be done to make it easier and
quicker for claims to be processed, and the healing begun.

More Wounded Warriors are added to the role every day, even as the fighting in Iraq
and Afghanistan is winding down.

With the suicide rate of almost 18 veterans a day it is unjust, unfair and a blot on our
country's promise to our veterans; that anyone should have to wait that long for treatment.

Jerald Terwilliger
National Chairman
American Cold War Veterans
"We Remember"


---------------- "And so the greatest of American triumphs... became a peculiarly joyless victory. We had won the Cold War, but there would be no parades." -- Robert M. Gates, 1996

9th Circuit Court Blames Congress and President For Not Helping Veterans

On Tuesday the 9th Circuit U.S. Court of Appeals issued a 104 page decision that cited the failure
of the political branches to correct what it called the VA's "egregious problems" and "unchecked
incompetence" in delivering mental health care to veterans.

The three judge panel said this failure violated veterans' due process rights under the U.S.
Constitution. 

The court said that examples show that veterans with PTSD or severe depression were often
forced to wait over eight weeks to receive mental health referrals. It also said that some veterans
committed suicide while waiting for help.

The court said that over 84,000 veterans are waiting for assistance with no legal means to
challenge these delays. The court added that these delays "can mean the difference between
life and death." An average of 18 veterans commit suicide every day.

In 2007, two nonprofit organizations, Veterans for Commons Sense and Veterans United
for Truth had sued the VA claiming "shameful failures" to care for wounded veterans.
This claim was dismissed by the California district court which said the court did not have
the jurisdiction to implement or interfere with the VA's mental health program.

The three judge panel acknowledged that it's intervention in VA affairs was an "extraordinary
step" and this was better suited for Congress or the president.

Judge Stephen Reinhardt wrote that the panel concluded that the political branches had
"so completely and chronically failed" to respect veterans' rights that the court had to
intervene.

"No more veterans should be compelled to agonize or perish while the government fails
to perform its obligations," the opinion said.

The 9th Circuit Court sent the case back to the lower court to determine what changes
are needed to ensure that veterans in need of mental health care receive prompt treatment
and those with urgent problems receive immediate care.

A lawyer for the two veterans' groups Heather Moser, called the decision "monumental" for
recognizing that veterans' have a constitutional right to mental health care in
a timely manner.

Jerald Terwilliger
National Chairman
American Cold War Veterans
"We Remember"

---------------- "And so the greatest of American triumphs... became a peculiarly joyless victory. We had won the Cold War, but there would be no parades." -- Robert M. Gates, 1996

Mental Health Care for Disabled Veterans

For anyone seeking to claim benefits for disabled veterans, finding mental health coverage is not always easy. A number of reports in recent years have suggested that veterans are more likely to report mental health problems than the general population, and that these reports usually occur 6 months or more after returning home. While a mental health assessment is usually carried out by the army before the veterans return home, the fact that the claims occur after six months means that some veterans are missing out.

Being Eligible for Mental Health Care

Any veteran who is already receiving benefits for disabled veterans should be eligible to apply for general mental health coverage. This includes mental health services such as clinics, residential care, assisted living, and primary care clinics. Veterans with serious mental health issues may also have work programs and rehabilitation paid for, in addition to long-term case management of their illness.

Being Assessed

If you want to claim benefits for disabled veterans due to a mental illness which has developed after your retirement, then you will probably have to be re-assessed by a VA physician. This may improve your disability ratings, so that you receive a benefit from the VA, but it is much harder to claim for mental health issues than for obvious physical disabilities.

Jerald Terwilliger
National Chairman
American Cold War Veterans
"We Remember"

---------------- "And so the greatest of American triumphs... became a peculiarly joyless victory. We had won the Cold War, but there would be no parades." -- Robert M. Gates, 1996