VA fails at PTSD care, lawsuit charges

PTSD Lawsuit

VA fails at PTSD care, lawsuit charges

By Kelly Kennedy - Staff writer
Posted : Thursday Apr 3, 2008 10:13:27 EDT

Veterans for Common Sense is suing the Department of Veterans Affairs because, the group says, VA is so thoroughly bogged down with a backlog of 600,000 benefits claims that Iraq and Afghanistan veterans with post-traumatic stress disorder are not receiving the care they need.

The trial begins April 21 in U.S. District Court for the Northern District of California.

The lawsuit, which names VA Secretary Dr. James Peake as defendant, — is a class action filed by a large group of veterans who allege “a system-wide breakdown” in the way the government treats veterans with PTSD. They say several suicidal veterans have unsuccessfully sought VA mental health care.

Representatives from veterans service organizations, VA and mental health experts are expected to testify.

According to Gordon Erspamer, an attorney representing the veterans pro bono, the lawsuit challenges a backlog in handling claims, “appellate delays of five to 10 years” for disability ratings, waiting lists and the “inadequacy of VA care for PTSD.”

The suit asks for immediate medical help, as well as screening for suicidal thoughts, for troops returning from Iraq and Afghanistan.

At a House Veterans Affairs health subcommittee hearing Tuesday, Ira Katz, VA’s deputy chief patient care services officer for mental health, said 60,000 Iraq and Afghanistan veterans have received a preliminary diagnosis of PTSD.

In the past two and a half years, he said, VA has hired 3,800 new mental health workers. In February, VA announced plans to open 23 new vet centers and establish mental health counseling by phone.

However, several service members have slipped through the cracks, often tragically. In one case, former Marine Lance Cpl. Justin Bailey killed himself while in VA’s residential substance abuse program. His father, Tony Bailey, testified that his son didn’t see a psychiatrist while he was in the program, even though he had been diagnosed with PTSD.

Another veteran, former Marine Lance Cpl. Jonathan Schulze, tried to check himself into mental health care because he said he was suicidal, but VA representatives told him they’d have to put him on a waiting list. He also killed himself.

The waiting lists themselves have gained notoriety. Though Peake has said waiting times have been shortened, he said at a hearing in February that VA still needs to work that issue.

“In April 2006, there were over 250,000 unique patients waiting more than 30 days for their desired appointment date for health-care services; that’s not acceptable,” Peake told the House Veterans' Affairs Committee at a Feb. 7 hearing.

“As of Jan. 1, 2008, we had reduced the waiting list to just over 69,000. Our budget request for 2009 provides the resources necessary ... to virtually eliminate the waiting list by the end of next year.”
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It's not so much they fail at the treatment of the veterans, once a veteran is in the VA Mental Health treatment system, it works, and it works well, I know I have been in it since Jan 2003, I can call my shrink and get a walk in appt anytime, I am 100% SC for PTSD though so I am in the top treatment category, so I don't know if the guys not rated or with lower rating awards are treated differently, I imagine they are, the true problem lays in the compensation claims process, it can really take years if not a decade or longer to get a proper rating, they put your file on what many of us call the "hamster wheel" from the Gerional Office to the Board of Veteran Appeals they remand it to the RO for additional C&P exams, or another opinion, etc, then the RO again denies or low balls the claim requiring the veteran to again appeal to the BVA and wait years for a hearing and then they do it all over again. I know one lady that just won a mental health award from the Appeals Management Team that goes back to 1987, and may end up going back to 1969 shen she was discharged and VA failed to get her treatment records from the Navy. The games they play are ridiculous.

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