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Lawsuit alleges affairs department is not providing adequate care for U.S. veterans

By: THE ASSOCIATED PRESS

Issue date: 4/21/08 Section: Nation
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SAN FRANCISCO - The U.S. Department of Veterans Affairs isn't doing enough to prevent suicide and provide adequate medical care for Americans who have served in the armed forces, a class-action lawsuit that goes to trial this week charges.

The lawsuit, filed in July by two nonprofit groups representing military veterans, accuses the agency of inadequately addressing a "rising tide" of mental health problems, especially post-traumatic stress disorder.

But government lawyers say the VA has been devoting more resources to mental health and making suicide prevention a top priority. They also argue that the courts don't have the authority to tell the department how it should operate.

The trial is set to begin today in a San Francisco federal court.

An average of 18 military veterans kill themselves each day, and five of them are under VA care when they commit suicide, according to a December e-mail between top VA officials that was filed as part of the federal lawsuit.

"That failure to provide care is manifesting itself in an epidemic of suicides," the veterans groups wrote in court papers filed Thursday.

A study released this week by the RAND Corp. estimates that 300,000 U.S. troops - about 20 percent of those deployed - are suffering from depression or post-traumatic stress from serving in Iraq and Afghanistan.

"We find that the VA has simply not devoted enough resources," said Gordon Erspamer, the lawyer representing the veterans groups. "They don't have enough psychiatrists."

The lawsuit also alleges that the VA takes too long to pay disability claims and that its internal appellate process unconstitutionally denies veterans their right to take their complaints to court.

The groups are asking U.S. District Court Judge Samuel Conti, a World War II U.S. Army veteran, to order the VA to drastically overhaul its system. Conti is hearing the trial without a jury.

"What I would like to see from the VA is that they actually treat patients with respect," said Bob Handy, head of the Veterans United for Truth, one of the groups suing the agency.

Handy, 76, who retired from the Navy in 1970, said he founded the veterans group in 2004 after hearing myriad complaints from veterans about their treatment at the VA when he was a member of the Veterans Caucus of the state Democratic Party. The department acknowledges in court papers that it takes on average about 180 days to decide whether to approve a disability claim.
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