UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
VETERANS FOR COMMON SENSE and
VETERANS UNITED FOR TRUTH, INC.,
JAMES B. PEAKE, Secretary of
Veterans Affairs, UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS;
JAMES P. TERRY, Chairman, Board of
Veterans Appeals; DANIEL L. COOPER,
Under Secretary, Veterans Benefits
Administration; BRADLEY G. MAYES,
Director, Compensation and Pension
Service; DR. MICHAEL J. KUSSMAN,
Under Secretary, Veterans Health
Administration; PRITZ K. NAVARA,
Veterans Service Center Manager,
Oakland Regional Office, Department
of Veterans Affairs, UNITED STATES
No. C-07-3758 SC
DECISION, FINDINGS OF
FACT AND CONCLUSIONS
As a preliminary summary to this decision, the Court
concludes: In reviewing each of the items of relief requested by
Plaintiffs, the grievances of Plaintiffs are misdirected. The
remedies to the problems, deficiencies, delays and inadequacies
Veterans for Common Sense et al v. Nicholson et al Doc. 238
Shared via AddThis Legal News and Featured Cases :: Justia News
08Veterans for Common Sense et al v. Nicholson et al Document 238 - :: Justia Docs
While angry folks with legitimate concerns or hidden agendas were busy shouting at politicians at televised town-hall gatherings this week, a court hearing held on another critical health care debate drew scant attention.
Oral arguments were heard Wednesday before a federal appeals court in California in connection with a 2007 class-action lawsuit filed by two veterans advocacy groups — Veterans for Common Sense and Veterans United for Truth.
Never heard of it?
You should. It's about the plight of the men and women we send into harm's way. It also has a strong Minnesota link. Here's a quick overview:
The suit alleges that the Department of Veterans Affairs' inability to handle disability claims in a timely or expedient fashion is so dysfunctional that it violates veterans' constitutional and statutory rights. The backlog — a good number of unresolved claims dating to the Vietnam War — may surpass the 1 million mark this fall, according to estimates from veterans advocates. The VA places the backlog at a lower but still hefty 463,000.
The lawsuit also alleges that the VA has been derelict in its legal duty to provide immediate, competent and effective care for military members grappling with post-traumatic stress disorder and thoughts of suicide.
"Justice delayed is justice denied, and that's what we essentially have here," said Gordon Erspamer, a Grand Rapids, Minn., native and Hamline University graduate. "For all these disabled veterans,1210PTSDAppealBrief