VCS Announces Our Four PTSD Priorities for 2009‏

Veterans for Common Sense was formed by Gulf War veterans in 2002 in part to avoid repeating the mistake of failing to adequately address the medical needs of our veterans when they return home from war. VCS has a track record of success when we take on an issue. During 2006 and 2007, we worked extensively with Congress on the "Dignity for Wounded Warriors Act," a bill that became law in 2008 and expanded healthcare and benefits for our returning Iraq and Afghanistan war veterans.

On January 26, VCS sent a letter to our new VA Secretary, Erik Shinseki, urging him to use his rule-making authority to promulgate a regulation establishing a presumption of service connection for deployed veterans diagnosed with post traumatic stress disorder (PTSD) based on the recent Institute of Medicine report linking PTSD with deployment to a war zone.

VA reports more than 105,000 Iraq and Afghanistan war veterans are already diagnosed with PTSD. Many of the bureaucratic hurdles veterans face for treatment and benefits start in the military. That's why VCS developed four priority items for the military to improve how the military handles PTSD during 2009:

1. VCS urges DoD to implement the 1997 Force Health Protection law, PL 105-85, Section 761-771, that requires the military to provide pre- and post-deployment medical exams to all service members. The Government Accounting Office and the Institute of Medicine found the current system of asking soldiers to self-report mental illness was woefully inadequate. We believe mandatory exams by physicians will reduce stigma against PTSD by normalizing the exam process. When a civilian police officer is involved in a shooting, he or she receives a mandatory exam before returning to duty. This same standard of required exams should apply to all our troops when they return home from combat.

2. VCS urges DoD to implement a strong anti-stigma program as required by the National Defense Authorization Act for 2009. We believe that attitudes toward veterans with PTSD will change with education about the causes, symptoms, and treatments. Education should describe the devastating consequences of untreated PTSD like broken families, unemployment, crime, drug and alcohol abuse, homelessness, and suicide. We believe that reducing stigma will encourage more veterans to seek treatment and provide a smoother readjustment for our veterans into colleges, jobs, and communities without fear of discrimination.

3. VCS urges DoD to hire additional mental health professionals to meet the increasing demand for examinations and treatment. In February 2007, the American Psychological Association reported a 40 percent vacancy rate for mental health professionals within the Department of Defense. If DoD plans to perform the mandatory exams in a timely manner, then the military must have a sufficient supply of mental health practitioners to meet the ever-increasing demand. More than 717,000 troops have deployed two or more times to the war zones, and these veterans are now at greater risk for developing PTSD than those who deploy only once. Identification and early treatment for PTSD will save taxpayers' money and help stem the growing suicide epidemic.

4. VCS urges VA to work more closely with DoD implementing the Force Health Protection law so VA has sufficient records to provide medical care and process disability claims. We believe that many of the problems VA faces when dealing with PTSD arise due to inadequate military policies that flow unchecked downstream toward VA. We are concerned that there are 105,000 Iraq and Afghanistan veterans diagnosed by VA with PTSD, yet only 42,000 veterans receive VA disability compensation for PTSD - an unacceptable 40 percent approval rate that may be caused by a lack of military medical records. VCS also urges VA to grant automatic disability benefits to Iraq and Afghanistan war veterans diagnosed with PTSD by VA.

We know these are ambitious goals, but we here at VCS believe they are necessary to reduce the rising tide of PTSD-related violence and suicides among our veterans. Your contribution to VCS will help make this ambitious agenda for 2009 attainable. Please make a commitment to America's veterans today.

Thank you,

Paul Sullivan
Executive Director
Veterans for Common Sense

VCS Invites You to Meet Aaron Glantz

As He Launches Book Tour for "The War Comes Home"

January 13, 2009, Aaron Glantz Launches Book Tour for "The War Comes Home". Check to see if he'll be in your town soon! VCS urges our members to buy and to read Aaron's masterpiece effort to chronicle the plight of the veterans sent to the Iraq and Afghanistan wars.

Our VCS review of his excellent book

Meet Aaron Glantz

THE WAR COMES HOME IN SAN FRANCISCO, CALIFORNIA

On Wednesday Janury 28 at 7pm Aaron Glantz will speak at City Lights Books at Broadway and Columbus in San Francisco alongside San Francisco Supervisor Eric Mar and Iraq war veteran Walter Williams. More info at City Lights

THE WAR COMES HOME IN OAKLAND, CALIFORNIA

On Saturday January 31 at 8pm, Aaron Glantz will speak alongside media critic Norman Solomon and Bay Area Iraq and Afhganistan war veterans in a benefit for KPFA Radio. First Congregational Church of Oakland, 2501 Harrison Street

THE WAR COMES HOME IN DENVER, COLORADO

On Tuesday February 3 at 7pm Aaron Glantz will speak at the Mercury Cade alongside area Iraq and Afghanistan war veterans in a benefit for KGNU Community Radio, 2199 California St. More info at KGNU Community Radio

THE WAR COMES HOME IN BOULDER, COLORADO

On Wednesday February 4 at 7pm Aaron Glantz will speak at Boulder's First Congregational Church alongside area Iraq and Afghanistan war veterans in a benefit for KGNU Community Radio; Broadway at Pinel, More info at KGNU Community Radio

THE WAR COMES HOME IN LOS ANGELES

On Thursday February 12th at 7pm Aaron Glantz will speak at Skylight Books alongside area Iraq and Afghanistan war veterans. 1814 Vermont Street. More info at Sky Light Books

CALL TO ACTION: Veterans vs Country They Serve

Veterans vs Veterans Administration Case UpDate 6-25-08

Yesterday, the 25th, a ruling came down from the judge hearing the case, in San Francisco, 82 pages long, and not a surprise to this Vet. In the ruling the judge sided with the Veterans but had to push it to where it belongs, In Congress. Only Congress and the Excutive Branch, of the Peoples Government, can bring about the way to long overhall of the Veterans Administration. Everything that is being reported about the care to the returning Veterans, of the Wars and Occupations of Choice, is actually Old News, just ask the thousands of my brother, and sister, Veterans of Korea and Vietnam, and it's happening once again while these conflicts rage as it did back than. We call the present Military the Professional Military yet we continue the foulups that take place within the Government Agencies, Veterans Administration and DoD Health, that are charged with it's care, especially the Mental Trauma War brings on in the Soldiers and the Civilians in these Theaters of Occupation.

This Government, thus by extension it's agencies, are the People of this Country. We 'Hire' those in charge who in turn hire those that do the work. We pay the salaries and the bills, those who work in the federal system work for us, from the President right on down the whole Government.

The Veterans, and those personal still on Active duty, of this Countries Military, Serve the Country in Defense of. For that service they are owed by the Country the Best Care Available and the Best VA Care Agency in the World, they always have been, but Especially as this Country supports the Wars of Choice it's leaders sell to it. Over 70% were in Support, many were silent but in support many others were very vocal and calling and labeling those of us who saw what was coming every dispicable name they could come up with. Those of us opposed wear our guilt of not being able to stop what was to come and the continuing destruction, we were sadly right about what we saying and it's even been worse.

It is up to the People to give back what is owed to those who serve, Contact your Representatives, in Congress, both houses, and Demand the Overhall of the VA, long overdue! The support from the majority of this countries people has never been there, some speak it but few act on it. The ones who could be depended on to help us Veterans from past conflicts, after WWII, were many of the activists opposed to the conflicts, some of the family members of the veterans who understood, some professionals in physical and mental health fields and law, and caring civilians who were driven by what they saw and heard, and the veterans, but those numbers have always been a small percentage of this countries population.

We have a young generation now seemily getting more involved, they came out in opposition to the invasion, they have come out in greater numbers on the political scene, they are coming out on a whole host of issues as they see this country heading in a direction opposite of that they were taught and led to believe. The Active Duty and Veterans need that energy and dedication to come to their aid in fights with the government and country that shouldn't even be needed, but exist. And the older generations that haven't been there, you know who you are, need to step it up more than just a notch.

SF Federal Judge Refuses To Order Overhaul Of VA

A federal judge in San Francisco refused Wednesday 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.

One of the groups who have been tirelessly, and extremely dedicated, working on this lawsuit has been the Disability Rights Advocates and their legal branch. Yesterday, after the ruling came down they posted this on their wensite:

June 25, 2008: Senior Federal District Court Judge Samuel Conti has issued his decision in the landmark case brought on behalf of veterans suffering from PTSD and traumatic brain injury in July of 2007. The trial was conducted from April 21 30, 2008, and included a week of testimony in early March. The trial focused on the Department of Veterans Affairs (VA) health care and adjudication systems for disabled veterans. The trial included testimony from the heads of national veterans’ organizations, top VA officials and some of the leading experts in the country on the widespread failings of the VA system.
Read the Press Release.
Read more about the Case

This is the press release, which is a downloadable file, linked above:

MEDIA ADVISORY


JUDGE RULES that VETS IN ptsd case should seek relief from congress — VETS RESOLVE TO APPEAL


WHAT:Decision After Trial—VCS, et al. v. Peake, et al.

JUDGE Senior Judge Samuel Conti, United States District Court, Northern District of California.

PRESS CONFERENCE: 2:30 p.m. PST, June 25, 2008, Morrison & Foerster LLP, 425 Market Street, San Francisco, CA 94105, 11th Floor, check in with building security first and go to the 11th Floor; or dial in to listen to the conference: 1-800-755-6634

Senior Federal District Court Judge Samuel Conti has issued his decision in the landmark case brought on behalf of veterans suffering from PTSD and traumatic brain injury in July of 2007. The trial was conducted from April 21‑30, 2008, and included a week of testimony in early March. The trial focused on the Department of Veterans Affairs (VA) health care and adjudication systems for disabled veterans. The trial included testimony from the heads of national veterans’ organizations, top VA officials and some of the leading experts in the country on the widespread failings of the VA system.

In his decision, Judge Conti held that it is “clear to the Court” that “the VA may not be meeting all of the needs of the nation’s veterans.” He agreed with, and explicitly adopted, many of the factual assertions made by the veterans. Those include the following:

1“The suicide rate among veterans is significantly higher than that of the general population,” and there is “a strong connection between PTSD and suicide.”

2“One out of every three soldiers returning from Iraq was seen in the VA for a mental health visit within a year of their return” with PTSD being a “leading diagnosis.”

3“The high rates of PTSD among Iraq veterans are the result of various factors, including multiple deployments, the inability to identify the enemy, the lack of real safe zones, and the inadvertent killing of innocent civilians, ” as top VA officials admitted.

4“Initiatives such as screening veterans at risk, a suicide prevention database, emerging best practices for treatment, and education programs were all still at the ‘Pilot Stage’ three years” after VA’s Mental Health Strategic Plan was adopted.

5“It is beyond doubt that disability benefits are critical to many veterans and any delay in receiving these benefits can result in substantial and severe adverse consequences.”

6The VA’s track record with respect to delays in processing veterans’ appeals “is troubling.” It is taking veterans on average 4.4 years to adjudicate a benefits claim at the first two levels in the VA benefits system.

Nonetheless, Judge Conti concluded that the power to remedy this crisis lies with the other branches of government, including Congress and the Secretary of the Department of Veterans Affairs, holding VA’s failures to meet veterans’ needs are “beyond the power of this Court” and would “call for a complete overhaul of the VA system.” Judge Conti’s opinion states that Congress, and not the courts, needs to resolve the crisis facing our nation’s veterans. This underscores the importance of the ongoing congressional hearings that seek to find the truth, and to address the problems faced by our veterans. Now, more than ever, it is critical that Congress act. Plaintiffs very much appreciate Judge Conti's consideration, but disagree with his legal conclusions. Accordingly, Plaintiffs plan to appeal to the United States Court of Appeals for the Ninth Circuit so that these important legal questions can be addressed by a higher court. The full text of the decision can be found at Veterans PTSD Class Action.

Paul Sullivan, Director of Veterans for Common Sense, commented that “This ruling will only cause us to redouble our efforts and our pursuit of justice for our nation’s veterans. We will not rest until our job is finished.” Bob Handy, the Director for Veterans United for Truth, added: “Every time we feel discouraged or need to find our way, we always return to the VA’s motto, ‘To Care for Him Who Hath Borne the Battle, and His Widow and His Orphan,’ and that tells us what we need do.”

“The decision, if upheld on appeal, would suggest that veterans have no enforceable rights in America, and the Constitution does not apply to veterans. For all Americans, the implications of this decision are profoundly disturbing,” remarked the lead counsel for Plaintiffs, Gordon Erspamer. “Our fight on behalf of our veterans will continue.” Sid Wolinsky added, “I know that we will not rest until victory has been achieved and the suffering of our veterans ceases.”

Tragically, the VA has been neglecting wounded veterans returning from service in Iraq and Afghanistan who are in desperate need of ongoing care and support, including medical treatment and disability payments for living expenses. Among those suffering the most are returning veterans with mental disabilities such as post-traumatic stress disorder (PTSD). Veteran suicides have reached an epidemic level, with over 120 veterans taking their own lives every week, and 1,000 suicide attempts per month amongst veterans under VA care. This lawsuit was unprecedented in directly challenging the VA’s 600,000 case backlog in handling claims, appellate delays of five to ten years, the waiting lists that veterans face before receiving health care, and the inadequacy of VA care for PTSD.

The trial brought to light many critical facts that the VA had tried to conceal or downplay. An internal e-mail from the VA’s head of mental health, Dr. Ira Katz, surfaced during the trial. At a time when the VA was reporting only 790 veteran suicide attempts in all of 2007, Katz wrote, “Shh!...Our suicide prevention coordinators are identifying about 1,000 suicide attempts per month…Is this something we should (carefully) address...before someone stumbles on it?” At trial it was also disclosed that the suicide rate of veterans is at least three times the national suicide rate and in 2005, the suicide rate for veterans 18-24 years old was three to four times higher than non-veterans.

We are grateful to Judge Conti for hearing our case and for allowing a public display of VA’s enormous systemic failures.


Client Contacts:

Paul Sullivan, Veterans for Common Sense
(202) 491-6953

Robert M. Handy, Veterans United for Truth
(805) 455-5259

Counsel:

Gordon P. Erspamer, Arturo J. González, Heather A. Moser
Morrison & Foerster LLP, Lead Counsel
(415) 268-7000

Sid M. Wolinsky, Ron Elsberry, Kasey Corbit,
Disability Rights Advocates
(510) 665-8644

This is The Courts Decision in PDF File and is 82 Pages long, if you would like to download and read.

Swords to Plowshares also put out a press release, after the ruling, in PDF that you can download here

Here are a few more articles you can read to find out more.

Judge rules court won't step in to aid vets

The federal government is subjecting veterans to long delays in obtaining mental health care and medical benefits, but the power to change the system rests with officials and Congress, not the courts, a federal judge in San Francisco ruled Wednesday in dismissing a lawsuit by veterans' advocates.

The VA is understaffed and takes an average of nearly 4 1/2 years to hear veterans' appeals of benefit denials, and a long-range improvement plan the agency adopted four years ago is still mostly in the pilot stages, the judge said.
But Conti said, "The remedies sought by plaintiffs are beyond the power of this court and would call for a complete overhaul of the VA system.

And what does the VA Administration think.

VA spokesman Phil Budahn said the agency was pleased with the ruling.

What would one expect, for it isn't the hard working Veterans Administration employees that create the failures of the agency, nor any government agency, though I don't blame some who get so frustrated they just go along and stop trying to correct the systems, it's the Political Appointee's to the leadership positions and those hired in the Administrations of these agencies. I wonder how long this Phil Budahn has been working in the Veterans Administration.

Veterans get mixed decision about mental health care from SF judge

Conti found that individual members would have standing to sue. “Given the dire consequences many of these veterans face without timely receipt of benefits or prompt treatment for medical conditions, especially depression and PTSD, these injuries are anything but conjectural or hypothetical,” he wrote.

Do you want to help erase the Vietnam Syndrom, at least a part of that, do you really 'Support The Troops' in more than words, cheap symbols, and maybe an occasional care package, than Contact Your Representatives Today and continue these contacts, as often as deemed necessary, keep the preasure on them, show the Soldiers and Veterans you really care for and support them for their service to the country you live in, Sacrifice your time and anything else needed to give them the help that shouldn't need to be asked for, but should already exist!

Press Conferance
by Gordon Erspamer of Morrison & Foerster LLP

A Big HatTip to Ernie1812 over at Vet Voice for this video!

Veterans 1 - Government 0

Veterans Groups Win Round In Federal Court in Lawsuit Against VA

A federal court judge sided with two veterans advocacy groups suing the Veterans Administration Tuesday, agreeing to add to evidence an explosive email written by a VA official that suggested counselors consider diagnosing war veterans who show signs of post traumatic stress disorder with a less serious condition.

Two veterans advocacy groups, Veterans for Common Sense and Veterans United for Truth, sued the VA last year for allegedly failing to provide treatment to veterans returning from Iraq and Afghanistan who are suffering from PTSD.

SNIP

Video Report

On the E-Mail and Exceptance from the local ABC Affiliate

Crisis in Veterans' Healthcare

DeJa-Vu Vietnam Era All Over Again!!

For an Arrogant, Apathedic, Wealthy country, that loves it's Conflicts and Occupations, we truely show our colors with our short term memories.

This all went on before, We Didn't Learn.

Now this time we have the cute little phrase, with magnetic car ribbons {though they must weight abit too much, don't see them anymore especially on the gas guzzling SUV's, save gas you know, get rid of excess weight.}, "Support The Troops", but like all the past times the reality of the feel good phrases quickly disappears when they return, "Forget The Veterans!"!

So the 'Troops', fresh from the battles and occupations we send them to, this time after Multiple Tours some now of their fifth, have to face the reality of the new battles, with little help, against the country that sent them but Refuses to Pony Up The Monies Needed to Care for them, funny how they Ignore the Costs of waging the Occupations and Destruction of Others, and the War Profitteers who reap from those monies!

Class-action suit against Veterans Affairs opens
E-mails noting high rate of veteran suicide are shown, but agency says it is doing its best to provide healthcare.

The U.S. Department of Veterans Affairs may paint a rosy picture of improving healthcare for veterans, but the agency has systematically denied benefits to sick veterans and delayed claims so long that many of them commit suicide, a lawyer for two advocacy groups argued in federal court Monday.

VA stalling on care, judge told at S.F. trial

More than 120 veterans of the wars in Afghanistan and Iraq commit suicide every week while the government stalls in granting returning troops the mental health treatment and benefits to which they are entitled, veterans advocates told a federal judge Monday in San Francisco.

This afternoon, for those able to tune in online:

On Tuesday, April 22nd, KPFA/ Pacifica Radio will broadcast a three-hour live national special delving into the crisis in the VA health care system. The special broadcast will include live updates from the San Francisco Federal Courthouse, interviews with veterans’ attorney Gordon Erspamer, advocates from Veterans for Common Sense and Veterans for America, as well as interviews with veterans and their families, including Joyce and Kevin Lucey who are suing the VA claiming their son Jeffrey committed suicide after being turned away from the VA.


KPFA host and former Army medic Aimee Allison and award-winning journalist Aaron Glantz will anchor the broadcast and take calls from listeners. Listeners can also participate in a blog on KPFA’s interactive warcomeshome.org website, which highlights the human costs of the Iraq and Afghanistan occupations for those in the United States. The special airs on KPFA from 10am PDT (1pm EDT) to 1pm PDT (4pm EDT) on 94.1 FM in Northern California and online at kpfa.org and warcomeshome.org, as well as on Pacifica stations and affiliates around the country.

( Click here to visit KPFA to listen live }

The broadcast comes on the heels of KPFA/ Pacifica’s broadcast of the Winter Soldier hearings last month in Silver Springs, Maryland, where scores of US veterans spoke out about war crimes perpetrated by the US government in Iraq and Afghanistan, including crimes they had witnessed or participated in.

Watch

Veterans Families Speak Out
"Only On The Web": Chief investigative correspondent Armen Keteyian speaks to the families of five soldiers who, allegedly suffering from post-traumatic stress disorder, took their own lives.

Just One Base?

I Think Not!

Today we get another followup report Report Faults Mental Care for Iraq Veterans at Upstate Base

Seems as these reports keep coming they all can be considered 'followups', one after the other after the other after the other....., building to what is actually happening to our Military, but Especially the Military Personal that serve, so it seems, not the Country but the whims of the Civilian and some Military Leadership as well as Ideologies not followed by the Majority, as the Nation of Apathy tunes out to their Service and the Care given for same!

WATERTOWN, N.Y. — The four tours in Iraq served by the Second Brigade at Fort Drum here have created an unusual level of stress, especially after the standard Iraq tour was increased to 15 months from 12. Yet according to a new report on the shortcomings of mental health care at the base, a soldier’s wait to be seen for psychological help can take more than a month.

The draft report, “Fort Drum: A Great Burden, Inadequate Assistance,” which was given to The New York Times last week, was done by Veterans for America, a nonprofit advocacy organization for wounded members of the armed forces. It also uncovered several other problems with the mental health services on the post, which is north of Syracuse.

Video Report
Of VFA report from Fort Drum-News 10


You can find backlinks to recent reports, like the ones NPR gave, and information in this report.

The above comes on the heels of this report Suicide by Guard, Reserve Troops Studied

More than half of all veterans who took their own lives after returning from Iraq or Afghanistan were members of the National Guard or Reserves, according to new government data that prompted activists on Tuesday to call for a closer examination of the problem.

The research, conducted by the department's Office of Environmental Epidemiology, provides the first demographic look at suicides among veterans from those wars who left the military.

I could give a number of reason, speculative, on the why of these suicides, but the reasons are very obvious and should be recognizable to everyone, think Regular Military leading to what the Reserves and National Guard are normally used for, especially as to the National Guard. Than think what this Country has been using them for these last five years! And Think War!

I visited Ilona Meaghers site for the above AP link, which I had known she had just added Here a short time ago. I found that she had placed another Important headsup as well: Upcoming Congressional Hearings on Combat PTSD.

Received this head's up on two important upcoming House Veterans Affairs Committee hearings from Mike and Kim Bowman. In December as you may recall, they offered Chairman Bob Filner and the committee heartrending testimony on their son Tim's suicide. Tim was an Illinois National Guard member, one of the OEF/OIF veterans' groups most at risk for taking their own lives after returning home.

For those Really Interested in what is Actually Going On, outside of cult worshipping individuals running in the Presidential Race, can visit Ilona's site to take note of the dates of these Important Hearings and her added comments as well as all the Important information she passes on to the rest of us, and her Dedication!

I could add a number of links to past reports on Military and Veteran Health Care, especially as to the Mental Health conditions of many returning Military Personal, at other Bases and Veterans facilities but just have a few more I would like to note.

Like this one from another well known base, and recently reported on, Fort Carson:

Fort Carson Forcibly Removed Soldier from Mental Hospital and Deployed Him to Iraq War

Paul Sullivan, executive director of Veterans for Common Sense, was outraged. "If he's an inpatient in a hospital, they should have never taken him out. The chain of command needs to be held accountable for this. Washington needs to get involved at the Pentagon to make sure this doesn't happen again. "First, we had the planeload of wounded, injured and ill being forced back to the war zone. And now we have soldiers forcibly removed from mental hospitals. The level of outrage is off the Richter scale."

Paul has the article, at above, along with the link back to the original at the Denver Post.

The NY Times report, at the top, comes on the heals of a Tragic Incident that happened last weekend and I posted about Drum Soldier Killed by Police 2-09-08 at my site as well as at ePluribus Media and Vet Voice, where I stayed with the report, from right after it broke, updating as new information came in.

Here is a News 10 Video Feed of Tragic Incident

I have the statement, given by the Fort Drum Military Spokesperson, from Sunday morning, at either of the above links.

In the statement we have this:

To our knowledge he had not been referred nor sought counseling for any battle-related illnesses or Post Traumatic Stress Disorder.

Apparently there were no reported signs this Iraq Veteran was suffering from PTSD, but if you read the initial, than followup reports, on how an initial 911 call and hangup, about an apparent domestic disbute, turned into a mutiple shooting and death something more than what was known was happening to Staff Sgt. Dustin J. McMillen age 29.

My thoughts, as this all unfolded, led me to think two things, he either was having a dramatic flashback or was experiancing unseen depression and opted for Suicide By Police, a tragic event that seems to be growing in our society!
In the post, at my site, a comment was left that was signed as the sister of Dustin. I can't verify that is the case, but I don't believe it was just some random person commenting:

I am actually Staff Sgt. McMillens sister. He was the best soilder out there a wonderful husband father and brother. The lack of interest in helping these soilders get help when they get back from a war zone is what killed my brother yesterday. Someone needs to realize they are killing soilders not only in the war but at home afterwards. Its tragic and my brother will be terribly missed.

Rebecka McMillen

Dustin McMillen
February 11, 2008
FORT DRUM, N.Y. — Funeral services and burial for Staff Sgt. Dustin J. McMillen will be held at a later date at Arlington National Cemetery in Virginia.

Calling hours are 7 to 9 p.m. Thursday and 2 to 4 and 7 to 9 p.m. Friday at the Reed & Benoit Funeral Home, 632 State St., Watertown.

Mr. McMillen, 29, of Saratoga Ave., died Saturday at his home.

Born June 20, 1978, in Klammath Falls, Ore., a son of Kenneth and Vickie Crowder McMillen, he joined the Army in 1998.

He married Alexis Fellerman September 23, 1998.

Besides his wife and parents of Oregon, he is survived by a daughter, Sydney Rose; two stepsons, Sean and Zachery, all of Fort Drum; a brother, Patrick Casey, Pa.; a sister Rebecca Crowder, Ore.; a niece and a nephew.

Information provided by Reed and Benoit Funeral Home and Newzjunky, Watertown, N.Y.

And To Further OUTRAGE......

Fort Carson Forcibly Removed Soldier from Mental Hospital and Deployed Him to Iraq War

Paul Sullivan, executive director of Veterans for Common Sense, was outraged. "If he's an inpatient in a hospital, they should have never taken him out. The chain of command needs to be held accountable for this. Washington needs to get involved at the Pentagon to make sure this doesn't happen again. "First, we had the planeload of wounded, injured and ill being forced back to the war zone. And now we have soldiers forcibly removed from mental hospitals. The level of outrage is off the Richter scale."

Paul has the link to the Denver Post article at the above.

VCS Releases New VA and DoD Fact Sheets

This week Veterans for Common Sense releases updated versions of our popular VA and DoD Fact Sheets. The statistics are very disturbing.

The Pentagon officially reported 72,043 battlefield casualties from Iraq and Afghanistan through Jan. 5, 2008 - PDF.

VA hospitals and clinics have already treated 263,909 unplanned patients from the Iraq and Afghanistan wars - PDF. On top of that, VA reported 245,034 unanticipated disability claims from veterans of the two wars.

VCS issued warnings about this growing problem. On Veterans Day in 2007, VCS posted an editorial about how we believe VA and DoD mask the true costs of the two wars.

To assist you with making sense of the new Fact Sheets, a VCS analysis shows that between June 2007 and November 2007:

* The number of PTSD claims approved rose 80 percent (from 19,015 to 34,138), while the veteran population rose only 16 percent. The incidence of PTSD is dramatically rising, or VA is finally starting to take this problem more seriously, or both.

* 100 PTSD claims were approved every day. VA can expect tens of thousands, if not hundreds of thousands more PTSD claims from our new war veterans as more service members deploy to the war zone and then begin to return home.

* Veterans who served in the National Guard or Reserves were nearly three times as likely to have their VA disability compensation claim rejected (14% compared to 5%). VCS remains concerned about the apparent unequal treatment faced by our veterans who were ordered to active duty in the war zone from the National Guard and Reserves.

While the PTSD claims situation may be improving slightly due to intense pressure brought about by the VCS and Veterans United for Truth lawsuit against VA, there are still nearly 18,000 Iraq and Afghanistan veterans diagnosed by VA with PTSD who are not yet receiving VA disability payments.

VCS believes that VA is still not properly reviewing and approving PTSD claims for veterans already diagnosed with PTSD by VA doctors. This means VA continues to deny and delay essential disability payments for our veterans that could be the difference between paying the rent or becoming homeless.

Wounded Warrior Update: Last week, the House voted to include the "Dignity for Wounded Warriors Act" (formerly S 1606 and then HR 1585), in the new Defense Bill, HR 4986. Now we are waiting on the Senate to approve the bill. Sadly, the provision allowing our Gulf War veterans tortured by Iraq to sue the new Iraqi government was watered down.

Please share the critical information in your VCS Update with your friends, reporters, and elected officials so that they know the facts about the Iraq and Afghanistan wars.

Please donate generously to VCS so we can keep reporting the accurate and complete facts about the human consequences of the Iraq and Afghanistan wars. We appreciate your support so we can provide the policy advocacy that all our veterans need.

Thank you,

Paul Sullivan
Executive Director
Veterans for Common Sense

Veterans Have Big Win in Federal Court

Melissa Posted This Yesterday Over At DKOS, it quickly moved off the list even before I caught it when I got home from work. it's now been Rescued, if you have a KOS account Visit Link and Rate It, as well as the comments, Up today, 1-12-08, so that it gets the readers it should, and is brought back from obscurity to the Rec List, and Visit the Embedded Links to find out More!

Fri Jan 11, 2008 at 05:50:07 PM EST
On Thursday, a federal court ruled that a lawsuit regarding VA’s failure to provide appropriate health care and benefits to veterans with Post Traumatic Stress Disorder can go forward. The case claims that the VA benefit system is unconstitutional because of extreme delays in determining whether veterans are entitled to support. The case also argues that VA fails to provide health care to veterans, even those that are suicidal. The plaintiffs are two veterans groups, Veterans for Common Sense and Veterans United for Truth. The lawyers representing the plaintiffs are Disability Rights Advocates, a nonprofit lawfirm in Berkeley, California, and Morrison & Foerster, a large private lawfirm headquartered in San Francisco.

This is Melissa Kasnitz, a DRA lawyer on the case. I’m happy to respond to comments. Our press release on the ruling, and the press release from Veterans for Common Sense, are attached below. The order is available at our website. I'm not linking to it because it is a 42 page pdf (and because I don't know how).

For people who are not familiar with the lawsuit, Ilona diaried it extensively when the case was first filed.

This ruling is extremely significant – it means that veterans will have their day in court to argue that the existing system is unfair.

DRA Press Release:

DISABLED VETS WIN KEY RULING IN NATIONAL SUIT AGAINST VA OVER MISTREATMENT
SAN FRANCISCO, Calif. – A federal court in San Francisco today cleared the way for a major national class action lawsuit on behalf of disabled veterans to directly challenge the Department of Veterans Affairs (VA). The ruling affirms the rights of veterans with Post Traumatic Stress Disorder (PTSD) to sue in federal court over the huge backlog of claims, the lengthy waiting time that veterans face in receiving needed mental health care, and the inadequacy of care for veterans returning from Iraq and Afghanistan. The complaint, filed in the United States District Court in July, seeks a judicial finding that VA’s system of handling claims and appeals is so dysfunctional that it violates veterans’ constitutional and statutory rights. The suit also calls for court orders requiring VA to provide immediate medical and psychological help to returning troops and to screen them for risk of suicide.
"VA first mistreated hundreds of thousands of veterans, then took the position that the vets could not bring their grievances to court to be heard," says Melissa Kasnitz, the managing attorney for Disability Rights Advocates (DRA), a non-profit law firm in Berkeley, California. "Today, VA’s shameful effort to keep these deserving veterans from their day in court was rejected."
Most disabled veterans cannot receive medical treatment without an approved disability claim. However, VA now has a backlog of over 600,000 applications for claims, and a decision on a claim can take up to twelve years to be processed through appeals. Some pending claims go back to the Vietnam era. Even after claims have been approved, veterans face serious problems in receiving care. Because the demand for medical care and treatment by VA has risen dramatically since the U.S. became involved in the conflicts in Iraq and Afghanistan, VA has long waiting lists and, in some cases, no appropriate treatment for disabled veterans is available.
"We can now address the disgraceful fact that it takes an average of 177 days for VA to process an initial claim for disability benefits, and an additional 657 days, on average, for an appeal, so most veterans wait years for needed medical and mental health treatment, unless they give up or die first," said DRA attorney Sid Wolinsky.
Many disabled veterans give up in despair or frustration, fall into drug or alcohol dependency, or commit suicide. In fact, the total number of military suicides in 2005 was greater than the cumulative death toll from Iraq and Afghanistan since 2001, according to a CBS News investigation. "Improper delays and denials of treatment and benefits have contributed to an epidemic of suicides," according to Co-counsel Gordon Erspamer of Morrison & Foerster; "Because VA refuses to act, we have to ask the Court to protect our returning soldiers."
The suit claims that numerous VA practices violate the constitutional and statutory rights of veterans with PTSD by denying veterans adequate procedural safeguards in VA benefits process, access to the judicial process, mandated medical care, and VA benefits as a result of their condition. In addition to seeking a declaration from the court that these practices violate the constitutional and statutory rights of veterans, the lawsuit seeks an injunction preventing VA from continuing certain policies and procedures. No money damages are being sought, and the class action lawsuit will not address the individual claims of any veteran. The Court dismissed an additional claim that VA’s procedures violate the Rehabilitation Act which requires government agencies to ensure that their programs are accessible to people with disabilities. Plaintiffs in the case include two non-profit organizations, Veterans for Common Sense and Veterans United for Truth, on behalf of all veterans who are seeking or receiving health care or disability benefits from VA. Plaintiffs are represented by the public interest law firm Disability Rights Advocates (DRA) and the private law firm of Morrison & Foerster,
Among those veterans suffering with PTSD the most are returning Iraq and Afghanistan troops. Between 15-50% of returning troops have PTSD, according to the complaint. These troops are being deprived of critical mental health services, especially in the early phases of the illness when identification and treatment are crucial. Left untreated, severe PTSD can lead to substance abuse, depression and suicide. Veterans with PTSD and other psychiatric disabilities may also be the most unprepared to face the bureaucratic battles necessary to secure the benefits to which they are entitled.
The suit alleges that VA has not only shortchanged the disabled veterans for whom they are supposed to provide care, but it has also consistently presented misleading statistics to the American public. Specifically, the complaint says that VA has falsely understated the length of time it takes to decide a veteran’s claims and the true cost of caring for disabled veterans.
PTSD is a psychiatric disorder that can develop in a person who witnesses, or is confronted with, a traumatic event. PTSD is the most prevalent mental disorder arising from combat. According to the complaint, "more than any previous war, the wars in Iraq and Afghanistan are likely to produce a high percentage of troops suffering from PTSD," due to the widespread use of improvised explosive devises, multiple rotations, the ambiguity of fighting combatants dressed as civilians, and the use of National Guard members and Reservists.

VCS Press Release:

Jan. 11: Victory for Veterans - Judge Rules in Favor of VCS in Case Against VA
Veterans for Common Sense
Jan 11, 2008
January 10, 2008, Washington, DC – The U.S. District Court in San Francisco today handed an enormous victory to veterans who sued the Department of Veterans Affairs (VA) over lengthy delays for medical care and disability benefits. The Judge’s ruling means our class action lawsuit against VA will move forward, with the first court hearing scheduled for next month.
"We won this round against VA. Veterans will have our day in court. The VA must now release documents under discovery about their deliberate attempts to deny and delay medical care and disability benefits for all veterans, especially our Iraq and Afghanistan war veterans," said Paul Sullivan, the executive director of Veterans for Common Sense (VCS), the lead plaintiff organization that filed suit against VA.
On July 23, 2007, VCS and Veterans United for Truth (VUFT) filed a class action lawsuit against VA in order to force VA to provide prompt and high-quality medical care and disability benefits to veterans, especially those with mental health conditions such as Post Traumatic Stress Disorder (PTSD). "Our Iraq and Afghanistan war veterans are committing suicide while waiting for VA to answer their pleas for medical care. VA must make sure all our veterans receive prompt and high-quality medical care and disability benefits. The long waits at VA must end," added Sullivan.
Shortly after VCS and VUFT filed suit, VA filed a motion to dismiss the case. On December 14, 2007, the U.S. District Court heard oral arguments in the case. On January 10, 2008, the Court ruled against VA and ordered the lawsuit to go to trial. The Court also ruled VA must provide free medical care for Iraq and Afghanistan veterans for two years. The Court ruling means discovery in the class action lawsuit will begin immediately. The first court date is set for February 22, 2008.
"The February hearing will focus on the VA's failure to provide mandated health care to our nation's veterans, which has lead to an epidemic of suicides by our returning warriors, who have been forced to carry on the battle alone ," Sullivan said.
As of October 2007, the Department of Defense had deployed a cumulative total of 1.6 million service members to the Iraq and Afghanistan war zones. Of those, 750,000 are now veterans eligible for VA healthcare and disability benefits. According to VA, more than 264,000 Iraq and Afghanistan war veterans have already been treated at VA hospitals. However, of the 52,000 diagnosed by VA with PTSD, only 19,000 are receiving disability compensation for PTSD. According to VA statistics, veterans wait more than six months on average for disability benefit decisions from VA.
VCS is a non-profit organization based in Washington, DC, with 12,000 members. VCS focuses on issues related to veterans' healthcare, veterans' benefits, national security, and civil liberties. VCS and VUFT are represented by the law firm Morrison & Foerster, located in San Francisco, California, and by the advocacy group, Disability Rights Advocates, located in Berkeley, California. "This victory for our veterans was possible because of the generous free legal assistance of these two prestigious organizations," Sullivan said.

For information about the lawsuit, please go to our web site at: Veterans PTSD Class Action
Veterans For Common Sense Article

I am adding an Op-Ed by Paul Rieckhoff, Iraq/Afgan Vet, that he has over at the Huffington Post: Veterans Caught in the Middle Again

As well as this Op-Ed, Yesterdays Lies by John Cory who is a Brother Vietnam Veteran. who received the Purple Heart and Bronze Star with V device, 1969 - 1970.

And this, "Body Of War" by Russell Mokhiber on the Documentary by Phil Donahue "Body of War, this link is to the Trailer!

And this from todays, 1-12-08, LA Times on Honoring The Fallen: War casualties not forgotten by L.A. parish