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by
Cho
Wed Jul 25, 2007 at 02:27:15 PM EST
originally posted Wed Jul 25, 2007 at 09:28:13 AM EST --bumped
[Note: Thank you, Cho, for giving everyone the head's up on the busy day today, and for all who have joined to welcome Melissa Kasnitz and Jeff Peskoff. Have added content to this commentary, rather than create another for the Q&A so that we can keep all of the information in one place. -- Ilona Meagher]
It's been a busy day and week as far as veterans' affairs are concerned.
Hearings, reports and lawsuits have come together to bring issues regarding the care received by returning troops front and center. [Additional commentary on the hearings can be found in my diary at Daily Kos posted this morning.]
This commentary will focus on the work being done by Disability Rights Advocates, a non-profit legal center working to ensure dignity, equality, and opportunity for people with all types of disabilities throughout the United States and worldwide. Melissa Kasnitz, is managing director in charge of the the lawsuit brought against the Veterans Administration on Monday, and explains the intention of the legal action:
This class action does not seek money damages, nor does it address the claims of any individual veteran. It seeks systemic relief for the flawed system of providing heath care and benefits to veterans. Currently, there is a backlog of over 600,000 cases in the veterans benefit system, and veterans with PTSD are not able to promptly get treatment for mental health problems, despite a statute that requires free healthcare for two years after service. We are asking to the courts to order VA to fix these problems.
Melissa has been interviewed on MSNBC this morning and will be on again later. Ilona has invited Melissa to ePluribus Media to answer questions -- between 2 and 3 Eastern Standard Time. Also, please welcome IraqWarVeteran who has posted below, as he has been extraordinarily instrumental in focusing our attention on how the Iraq Vets are tossed out of the "care queue" with the label personality disorder.
More information as well as the question and answercomments below the fold.
commentary :: :: :: buzz-it!
Important Resources
From DRA's press release:
The complaint, filed in the United States District Court for the Northern District of California, seeks to prohibit the VA from continuing a number of improper practices in handling claims for health care and disability benefits.
Most disabled veterans cannot receive medical treatment without a disability claim approval. However, the VA now has a backlog of over 600,000 claims, and a decision on a claim can take up to twelve to fifteen years. Some pending claims go back to the Vietnam era. In the meantime, many disabled veterans give up in despair or frustration, fall into drug or alcohol dependency, or commit suicide.
Even after claims have been approved, veterans face ongoing problems receiving care. Because the demand for medical care and treatment by the VA has risen dramatically since the U.S. became involved in the current conflicts in Iraq and Afghanistan, the VA has long waiting lists and, in some cases, no appropriate treatment for disabled veterans is available.
The suit claims that numerous VA practices violate the constitutional and statutory rights of veterans with Post Traumatic Stress Disorder (PTSD) by denying veterans adequate procedural safeguards in the VA benefits process, access to the judicial process, mandated medical care, and VA benefits as a result of their PTSD.
In addition to seeking a declaration from the court that these practices violate the constitutional and statutory rights of the Plaintiffs, the lawsuit seeks an injunction preventing the defendants from continuing certain policies and procedures. No damages are being sought. Plaintiffs in the case include two non-profit organizations, Veterans for Common Sense and Veterans United for Truth, on behalf of all veterans who are seeking or receiving health care or disability benefits from the VA. Plaintiffs are represented by the California-based public interest law firm Disability Rights Advocates (DRA).
“The VA’s motto, taken from Abraham Lincoln’s second inaugural address, is ‘to care for him who shall have borne the battle and for his widow and orphan,’” said Melissa Kasnitz of DRA. “The VA is not living up to its motto or its obligation to care for our disabled veterans. Instead it is abandoning our veterans, shamefully following a path that will lead to broken lives and staggering social costs.”
The lawsuit includes the issue of personality disorder discharges being given out (rather than the more costly PTSD diagnoses) as covered in a recent article in The Nation: Whistle-Blower
On the day he was discharged in the fall, Town met with Jeff Peskoff, a civilian employee in the personnel office at Fort Carson in Colorado, and learned he owed the Army $3,000 to repay his enlistment bonus. "At some points it looked like he wanted to cry and at some point he looked like he wanted to rip my head off," Peskoff said.
Peskoff, who served 10 years in the Army, including a tour of Iraq, recently quit his job in disgust and is now speaking publicly for the first time. "If you have a combat tour and you are getting labeled as a personality disorder, there is something wrong. &0133; It's a lie," Peskoff said. "It's a quick way to get rid of that body and bring in another body. And it's a quick way to save money."
In the span of several months, Peskoff said he processed the personality disorder discharges of Schmidt, Town and hundreds of other combat veterans he believed were actually suffering physical and psychological trauma because of the war. "They [Army officials] are basically washing their hands of them," Peskoff said.
Fort Carson officials declined to talk to ABC News about this story. The Government Accountability Office is currently investigating Fort Carson as part of a larger study of mental health services for veterans.
If you are a veteran and wish to add your name to the lawsuit:
Disability Rights Advocates (DRA) is interested in hearing from veterans with Post Traumatic Stress Disorder who served in Iraq and/or Afghanistan. We are investigating the experiences of these veterans as they seek benefits through the Department of Veterans' Affairs.
We are seeking information on how the existing system serves veterans, including whether or not they are satisfied with the speed that their claims are addressed and the outcomes. We also are interested in hearing from veterans about the quality of care they receive at VA facilities.
We encourage any Iraq or Afghani veterans with PTSD who are interested in sharing their experiences to contact us. You can call, write, or email us at: Disability Rights Advocates, 2001 Center Street, Fourth Floor, Berkeley, CA 94704, (510) 665-8644; veterans@dralegal.org. Collect calls will be accepted.
All information will be kept confidential.
Join Us in welcoming both IraqWarVeteran and Melissa Kasnitz.
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