Veterans For Common Sense et al. v. Peake,
Case No. C 07 3758, U.S.D.C. (N.D. Cal. 2007)
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Appeal to the Ninth Circuit Court of Appeals

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What This Case Is About
Many veterans who have fought in Iraq and/or Afghanistan, as well as those who served in earlier conflicts, are not being given the disability compensation, medical services and care they need. A much higher percentage of these veterans suffer with Post Traumatic Stress Disorder (“PTSD”) than veterans of any previous war, due to the multiple tours many are serving, the unrelenting vigilance required by the circumstances, the greater prevalence of brain injuries caused by the types of weaponry in use, among other reasons. Despite this, the Department of Veterans’ Affairs (“DVA”) is failing to provide adequate and timely benefits and medical care. This federal lawsuit, on behalf of veterans with pending claims based upon PTSD, regardless of the conflict in which they served, is for declaratory and injunctive relief, based primarily on the due process clause of the Constitution. We will focus on the following issues:

The widespread breakdown of the DVA’s adjudication and health care systems for veterans experiencing PTSD. For example, the application process is too complicated; even veterans with “successful” claims are given ratings that are too low; veterans who are rated as disabled continue to be denied appropriate medical care and ongoing support;
The prolonged administrative delays in processing PTSD claims, at both the regional office and appellate levels. Applications are often bounced up and down through a complicated appeals process. We estimate that the average time for a claim to go through the entire appeals process, from the Regional Office to a petition for certiorari to the Supreme Court, is between twelve and fifteen years;
A variety of statutory and regulatory impediments to a veteran’s ability to collect PTSD compensation. These include the inability to obtain discovery, the absence of subpoena power for documents and witnesses, and the inability to hire a lawyer to help out at the regional office level, among other impediments; and
A pattern and practice of internal DVA abuses and improper rules. These are difficult to detect or prove without discovery.
You are invited to familiarize yourselves with these issues by visiting our Resources, reading the pivotal Court-filed Documents in the case and reading relevant News Articles. We appreciate your interest.

Notice
Oral argument was heard on the appeal of this case on August 12, 2009. The case is now under submission at the Ninth Circuit Court of Appeals.
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On July 25, 2008 Plaintiffs Veterans for Common Sense and Veterans United for Truth, Inc. filed a Notice of Appeal of the decision issued by Senior Federal District Court Judge Samuel Conti. In his decision, Judge Conti held that although it is clear to the Court that the VA may need “a complete overhaul” the the power to remedy this crisis lies with the other branches of government.

The importance of this appeal is underscored by the fact that a serious suicide epidemic among veterans continues to exist. Meanwhile, VA continues to turn away suicidal veterans, as shown by the recent case of Lucas Senescall in Spokane Washington. The flood of veterans with mental health problems will continue to increase as the wars go on. This is because, as a recent Army study found, repeat deployments increase the risk of PTSD by 50 percent, above and beyond what we are already seeing from veterans discharged from the first few years of the Iraq and Afghanistan wars.

In his decision, Judge Conti found that many veterans are suffering, and that the VA is the cause of much of that suffering. For these reasons, Plaintiffs believe they should continue to fight, that their cause is valid, and that Judge Conti was incorrect in holding that the courts are without power to grant veterans a remedy.
How Specialist Town Lost His Benefits
Jon Town has spent the last few years fighting two battles, one against his body, the other against the US Army. Both began in October 2004 in Ramadi, Iraq. He was standing in the doorway of his battalion’s headquarters when a 107-millimeter rocket struck two feet above his head. The impact punched a piano-sized hole in the concrete facade, sparked a huge fireball and tossed the 25-year-old Army specialist to the floor, where he lay blacked out among the rubble.

more…

Press Coverage »
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Injured Iraq War Veterans Sue VA Head
AP

Veterans Sue for Stress Disorder Benefits
ABA Journal
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