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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Reuters

Lawsuit says VA mishandled claims; Veterans allege illegal denials and delays for care, disability pay
USA Today

Veterans sue federal gov’t
UPI

Injured Iraq War Veterans Sue VA Head
AP

Veterans Sue for Stress Disorder Benefits
ABA Journal
© 2007-2009 Morrison & Foerster LLP. All rights reserved.

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CATHOLIC WAR VETERANS
OF THE U.S.A.
National Headquarters
441 North Lee Street
Alexandria, VA 22314
Phone (703) 549-3622
Fax (703) 684-5196
www.cwv.org
Press Release
Mr. Jose Garcia
Contact:
National Executive Director
Phone: (512) 560-6091
FOR IMMEDIATE RELEASE
September 28, 2009
CATHOLIC VETERANS CONCERNED ABOUT THE LOSS OF RESOLVE TO WIN THE WAR ON TERROR
ALEXANDRIA, VA: On September 11, 2001 the United States of America was suddenly and savagely attacked by Islamic Terrorists. By committing this act, the terrorists declared war on the United States of America. The United States government responded to the attack by declaring a “War on Terror” and subsequently mobilized not only its own troops, but a broad coalition of troops from our allies to combat the terrorists on their home soil in Afghanistan, Iraq, and the surrounding areas.
It has been over 8 years since the start of combat operations, and according to the most recent official Department of Defense casualty reports, over 4,000 brave service members have been killed in action, and over 35,000 have been wounded in action.
This week, it has been reported that the Commanding General of U.S. Forces operating in Afghanistan and
its surrounds has asked the Pentagon to authorize an additional deployment of between 30,000 to 40,000
new troops to the area. In news reports, General McChrystal has been quoted as saying the reason for the
new request is that, “…failure to gain the initiative and reverse insurgent momentum in the near-term… risks an outcome where defeating the insurgency is no longer possible.”
CATHOLIC VETERANS CONCERNED ABOUT LOSS OF RESOLVE Page 2
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The Catholic War Veterans of the U.S.A. today wants to remind President Obama as the Commander in Chief of our nation’s military forces that it is his duty to see to the welfare of every service member he deploys, and to provide for them the resources and governmental support necessary to obtain victory against any opposing forces he has set out for them to engage in defense of our nation.
With this in mind, we are very concerned that the current administration seems to have forgotten the reasons we initially responded militarily and declared a War on Terror. We believe that the administration now appears to be risking the lives of our fellow veterans in what has become an unfocused political endeavor, and that our troops are no longer being considered by our government to be operating in a clearly defined state of war.
To ensure that our military forces are used appropriately, we ask President Obama to publicly address the following questions:
1. What is your strategy for achieving total and final victory in the War on Terror?
2. Why is the current administration not making victory in the War on Terror a priority for the American people?
3. What is your plan for ensuring that all deployed troops will have your full and undivided attention, and support, for the missions you have ordered them to undertake?
4. What is your commitment to ensuring that our troops in the field are provided with a limit on return and multiple combat tours?
Mr. President, do not take lightly your decision to put our military in harm’s way. If it is your decision, we expect that you will do everything in your power to achieve victory for them and for the United States of America in the War on Terror.
We applaud our brothers and sisters in uniform for serving our country. In return we ask the American people to hold our government officials accountable to provide the best possible support and care for all of the soldiers, sailors, and airmen that have been, and will be, sent into battle on your behalf.
-End-
CATHOLIC VETERANS CONCERNED ABOUT LOSS OF RESOLVE Page 3
Founded in 1935, the Catholic War Veterans of the United States of America, Inc. is the preeminent national veterans service organization representing the Catholic military veterans of our nation. The CWV is the only Catholic organization to have been granted an official charter by the U.S. Congress. The CWV is a private, non-profit organization recognized by the Internal Revenue Service under IRC 501(c) 4.