Printer Friendly Page
GOVERNMENT ASKS COURT TO THROW OUT CLASS-ACTION
SUIT AGAINST VA -- Says groups filing suit have
no standing
and that their claims are barred by sovereign
immunity.
Background on this lawsuit against the VA is
here...
http://www.vawatchdog.org/07/
nf07/nfJUL07/nf072407-1.htm
Web site for lawsuit news is here...
http://www.veteransptsdclassaction
.org/index.html
To read the government's filing, go here...
http://www.veteransptsdclassaction
.org/pdf/courtfiled/9-25-07-Motio
n%20to%20Dismiss.pdf
And, we have a press release from Veterans for
Common Sense, one of the groups who filed the suit.
Press release here...
http://www.veteransforcommonsense
.org/articleid/8522
Press release below:
-------------------------
VETERANS RESOLVE TO CONTINUE FIGHT FOR DISABLED
VETERANS AS VA SEEKS TO HAVE LAWSUIT THROWN OUT
FOR IMMEDIATE RELEASE -- Veterans For Common Sense (VCS) and Veterans
United For Truth (VUFT)
Plaintiff veterans groups vowed to continue their fight for timely
medical treatment and compensation for wounded veterans despite
Defendants’ motion to dismiss the complaint “in its entirety”, filed on
September 25, 2007. The veterans class action lawsuit entitled, Veterans
for Common Sense et al. v. Nicholson et al., No. C 07 3758, U.S.D.C.
(N.D. Cal. 2007), seeks to force the VA to follow the law and provide
timely medical care and disability benefits for veterans suffering from
post-traumatic stress disorder (“PTSD”).
Ignoring the long litany of charges about the defects in the VA system
and statutes and abuses of veterans, the government argues that all
claims by anyone about the treatment of our veterans must be “channeled”
through that same system, however flawed. Defendants belittle the
Complaint as merely raising “frustrations with political processes,” and
urge that the problems described therein can only be addressed to
“representative branches of government.”
Paul Sullivan, Director of VCS, commented that “The VA ought to be
ashamed. Veterans deserve their day in Court. Every day the VA fights
our lawsuit means another day that our wounded veterans go without
medical care and disability payments.”
Ironically, the government’s motion to dismiss addresses the veterans’
complaint that the laws and procedures applied by the VA are
constitutionally inadequate by suggesting that veterans have no rights
at all, no forum to raise their complaints, and no access to our
district courts. Relying on the archaic principle that “the King can do
no wrong,” the government argues that all claims by veterans against the
government are barred by sovereign immunity.
Bob Handy, Chairman of VUFT, stated that “What the VA is essentially
saying is that the VA could decide to put all veterans claims on ice for
ten years and then just flip a coin, and that there would be nothing a
veteran could do about it. This continues its shameful attacks on
veterans, reinforcing the view held by many that the government
considers veterans to be second class citizens. Every veteran and every
citizen in our country should be appalled by this betrayal. We will
never give up our fight for justice for the defenders of our liberty.”
The VA also argues to the Court that the veterans groups bringing the
case (VCS and VUFT), which it labels as mere “advocacy” groups, lack
“standing” to raise claims on behalf of their members (i.e. veterans),
and that veterans do not have the right to sue as a group, but rather,
each veteran must file separately.
As to the government’s failure to provide health care to returning
veterans, the government argues that its obligations to veterans are not
mandatory, i.e., it can provide as little or as much health care as it
desires. VCS and VUFT are sure that this is not what the military
recruiters tell prospective soldiers.
“Just last week, the GAO caught the VA lying to Congress about how much
time it takes for a wounded veteran to see a VA doctor. More than
200,000 veterans are homeless in America, and over 600,000 veterans are
still waiting in line for the VA to decide their claims. And now the VA
says that veterans must take their complaints to Congress, when it is
the VA, not Congress that is the problem,” Sullivan added.
The veterans groups are represented by Gordon Erspamer from Morrison &
Foerster, and Sid Wolinsky from Disability Rights Advocates.
The government’s motion to dismiss can be read on the veterans case web
site at:
http://www.veteransptsdclass
action.org/cfd.html.
-------------------------
Larry Scott --
