In an action to ensure to irritate veterans and their families nationwide, the Bush team has asked the Judge hearing the case to dismiss it on the grounds that the federal court system has no right to hear the complaints.
That Congress has established the appeals process and Veterans Court system to handle problems within the VA. What they fail to mention to the Judge is that the system itself is what is wrong with the VA and that is why the veterans finally fed up, took them to court asking for relief. The nations veterans serve to defend the American lifestyle and this nations policies during peacetime and war, and they are not supposed to be able to do what any other American can do when they are wronged, take the offending party to court to get a proper settlement? Is this the American way? NO Hell NO!!!!
Joe Galloway has a very stirring article today that all politicians should be forced to read The State titled
Disgraceful treatment of our veterans
These frauds who love to pose as wartime leaders sat back and did nothing as a cruel bureaucracy sent bill collectors out to harass double-amputee veterans for thousands of dollars because they neglected to turn their armored vests and other gear in to the supply sergeant after they were blown apart on the battlefield.
They did nothing as the Army became ever more conservative, even stingy, in the number of injured and wounded soldiers it judged worthy of full-disability pensions. Soldiers who suffered brain injuries and PTSD so severe that they couldn’t function were put on the street with a 30 percent disability pension — $700 a month — to support a wife and three children.
Neglecting our war veterans and the widows and orphans that result from our wars is as American as apple pie. It’s nothing new. But in the past we always waited until after the war’s end to forget those who’d fought the war.
This may be the first time in our history that we began to neglect and forget our troops during a war.
To me Joe Galloway is the epitome of a combat reporter, he is a soldiers reporter, for those not old enough to remember, the reporter on the ground in the movie "We were Soldiers Once" with Mel Gibson in real life was Joe Galloway he went to La Drang Valley with the real Lt Col Hal Moore and his troops. In other words he has street cred. The military and veterans have no better friend than Joe Galloway, he tells the truth.
Now back to the court fight, in this article in the SF Gate the Bush Admin asks the Judge to dismiss the veterans lawsuit
The government asked a San Francisco federal judge on Friday to dismiss a high-profile lawsuit challenging the system of treatment and benefits for returning combat veterans.
The government's lawyers argued that civil courts have no authority over the Department of Veterans Affairs' medical decisions or how it handles grievances and claims.
"If plaintiffs are not happy with the way the system is currently working, their remedy is to take it up with Congress" or with the veterans department, Justice Department attorney Daniel Bensing told U.S. District Judge Samuel Conti.
He said that in 1988, Congress created a system of reviewing veterans' claims and it can't be second-guessed by regular courts. It was the first hearing on the nationwide lawsuit that is being closely watched by veterans, their families and advocacy groups.
The suit seeks a judicial finding that the VA's system of handling claims and appeals violates veterans' rights. The plaintiffs also want court orders requiring the department to provide immediate medical and psychological help to returning troops and to screen them for risk of stress disorders and suicide.
In brazen chutzpah our President dares to go to court and tell this nations veterans they have no right to use the court system to demand fair treatment by the government, you have to take what we give you at the VA, it doesn't matter if you like it or not.
If the Bush Administration is attempting to totally destroy the all "volunteer" military they are doing an excellent job of doing it. They throw PTSD veterans out of the military claiming it was "Personality Disorders" that started in their childhoods, "no money of medical treatment for you, go away" at last count there are 22,000 veterans in this boat.
They are sending soldiers and marines on repeated tours to Iraq and Afghanistan with rucksacks full of medications, mood altering drugs, Xanax, Zoloft, some of the meds cause depression, if I was in a squad with a guy dopped up on prescription meds, that were given to them in a years supply at once, I would be worried, are they taking them, if they are taking them are they taking them appropriately or doubling up?
I can't tell if the treatment of todays soldiers and veterans is better or worse than during Vietnam, it seems to be a replay of the same exact problems. I know many Vietnam veterans that are still fighting their PDO discharges, and this is what 35-40 years later.
Once the government tags you as a "pre-existing" condition you will literally carry that diagnosis to your grave, and what is Congress doing to help these men and women? It's not enough, more commissions and more study groups won't help.
Let the Federal Judge hear the case and let the court system do it's work, that the VA and Congress refuse to do. The veterans are owed this much.
UPDATE I added this in response to a question but all should read it
the regs now state that upon entrance into (0 / 0)
the military you are accepted by them as whole, with no "defects" and no pre-existing conditions the only exception is this mental diagnosis since it can slip past doctors, expect the problem with this and I am sure that medical personnel could speak to this better than I but if a soldier has a PDO it would show itself during the 2 months of basic training when the soldiers are under intense stress, unless basic has changed drastically in the past 40 years basic is where they break you down and make you a "soldier" to accept orders without question, if they tell you to bark, you bark until ordered to stop, if they tell you to jump you don't ask how high, you jump as high as you can until they tell you to stop
Personality disorders would show themselves during basic or advanced training during the first 6 months of service not 2-3 or 7-8 years later after you have been to combat once or even 3-4 times
they get you to say you fought with your parents, your brothers or sisters, had trouble with teachers in school, legal treouble with the police and bingo you are labeled PDO and gone within days with a bad discharge saving the government tens of thousands of dollars in veterans compensation and medical treatment even the VA attempts to get the "good veterans" to make similar statements during their PTSD exams and then they do the same thing PDO not compensable rated 0% then a combat vet may spend the next 3 years on appeal and still not get it overturned
in the meantime he has lost his car, his home, his wife has taken the kids and left and they wonder why so many committ suicide, I don't wonder I know