Well I warned everybody that this
might happen, and this is exactly why.
I caution everybody from getting their
hopes up that any federal court will
rule in their favor. The courts have
no history at all in ruling to the
favor of Veterans on these kinds of
matters. Furthermore, is a HUGE drain
on the pockets of those involved
as it costs lawyer fees to do this
and rather deceptively, the lawyers
will take the cases even if they
have an incling that the case will
be lost with certainty.

This case, however, did bring in
a victory to the extent that it
got as far as Trial without being
dismissed and that will allow
future cases to go farther into
the process.

The courts will simply NOT defy the
Justice Department on most agency
defenses. They will NOT so you
all have to work within the system
to get your rights.

I am going to be posting new information
under the Grievance Forum soon and
show you the way and strategies to
force changes at the Congress level
even when the Committees themselves
are uncooperative. It isn't perfect,
but it is a new strategy and it
will be up for everyone to know about
and to consider if it's right for
their own groups.

We extend our heartfelt sympathy and
support to those San Diego Veterans
who so boldly attempted this Trial
case out there in the good name of
those who were most effected by it.
We are sorry for your loss.


____________________________________


Jun 25, 2:08 PM EDT


Federal judge refuses to order overhaul of VA


By PAUL ELIAS
Associated Press Writer


Federal judge refuses to order overhaul of VA

SAN FRANCISCO (AP) -- A federal judge on Wednesday refused to order an overhaul of the Department of Veterans Affairs' health care system, saying veterans groups who had sued for the changes should take their case elsewhere.

In a ruling issued following a two-week trial in San Francisco last month, U.S. District Court Judge Samuel Conti ruled that the lawsuit was "misdirected" and that the plaintiffs should instead ask Congress, the head of the Veterans Administration and the federal court in Washington, D.C., to improve the system.

Veterans groups had sued the VA, alleging that its mental health care and benefits award system were flawed. The groups wanted Conti to order the agency to dramatically improve how fast it processes applications and how it delivers mental health care, especially for preventing suicides and treating post-traumatic stress disorder.

Conti said he didn't find any of the poor mental health care and other deep-rooted problems that the veterans alleged in their lawsuit.


__________________________________________

End of Associated Press Release

__________________________________________
Updated and Expanded Version of the
original Associated Press Release




Jun 25, 7:36 PM EDT


Federal judge refuses to order overhaul of VA

By PAUL ELIAS
Associated Press Writer


Federal judge refuses to order overhaul of VA





SAN FRANCISCO (AP) -- A federal judge on Wednesday refused to order an overhaul of the Department of Veterans Affairs' health care system, saying veterans groups who had sued for the changes should take their case elsewhere.

U.S. District Judge Samuel Conti ruled that the lawsuit was "misdirected" and that the retired warriors should instead ask Congress, the head of Veterans Affairs and the federal court in Washington, D.C., to improve the system.

Veterans groups had sued the VA, alleging that its mental health care and benefits award systems were flawed. The groups wanted Conti to order the agency to dramatically improve how fast it processes applications and how it delivers mental health care, especially for preventing suicides and treating post-traumatic stress disorder.

Conti, a World War II veteran, said the groups "did not prove a systemic denial or unreasonable delay in mental health care" in their lawsuit.

"Although the evidence clearly did not prove that every veteran always gets immediate mental health care, it by no means follows that there is a systemwide crisis in which health care is not being provided within a reasonable time," Conti wrote in his 82-page ruling.

Conti did say that the "VA may not be meeting all of the needs of the nation's veterans" and said veterans "have faced significant delays in receiving disability benefits and medical care from the VA." But he concluded that he was powerless to order changes where he did find problems and said that such decisions are left exclusively to the agency's chief.

VA spokesman Phil Budahn said the agency was pleased.

Gordon Erspamer, a lawyer for the veterans groups, said he would appeal.

"The judge essentially said that there's nobody to oversee the VA," Erspamer said. "The VA isn't doing its job."

Conti's ruling came after a two-week trial without a jury that ended April 30.

During that trial, lawyers for the groups showed the judge e-mails between high-ranking VA officials confirming high rates of suicides among veterans and a desire to keep quiet the number of vets under its care who attempt suicide.

"Shhh!" began a Feb. 13 e-mail from Dr. Ira Katz, a VA deputy chief. "Our suicide prevention coordinators are identifying about 1,000 suicide attempts per month among the veterans we see in our medical facilities. Is this something we should (carefully) address ourselves in some sort of release before someone stumbles on it?"

Katz wrote in another e-mail that 18 veterans kill themselves daily on average.

After the trial another e-mail surfaced that was written by VA psychologist Norma Perez suggesting that counselors in Texas make a point to diagnose fewer post-traumatic stress disorder cases. The veterans' lawyers argued that e-mail showed the VA's unwillingness to properly treat mental health issues.

Conti said the e-mail was "troubling" but not proof of a systemwide policy, and that Perez was not a high-ranking official.


+++++++++++++++++++++++++++++++++++++++++++
End of Expanded AP Release

This message has been edited. Last edited by: McClellanVet,