According to a May 7 Stars and Stripes article, “…a federal appeals court on Monday found that Congress, not the courts, is responsible for fixing the VA’s troubled mental health care system, overturning a previous court that found the program riddled with ‘unchecked incompetence.’”
The article states, “[i]n a 10-1 decision, the 9th U.S. Circuit Court of Appeals rejected a lawsuit that sought to force the Department of Veterans Affairs to overhaul the treatment program and reversed an earlier ruling that would have forced the government to speed up treatment requests and benefit claims.”
It goes on to say that , “the decision came in a lawsuit filed in 2007 by a veterans’ group that alleged the VA’s system could be blamed for suicides and other suffering because of its slow approach to treating returning soldiers.”
Writing for the court, Judge Jay Bybee stated “[The lawsuit] sounds a plaintive cry for help, but it has been misdirected to us.”
The article states, “[i]n a 10-1 decision, the 9th U.S. Circuit Court of Appeals rejected a lawsuit that sought to force the Department of Veterans Affairs to overhaul the treatment program and reversed an earlier ruling that would have forced the government to speed up treatment requests and benefit claims.”
It goes on to say that , “the decision came in a lawsuit filed in 2007 by a veterans’ group that alleged the VA’s system could be blamed for suicides and other suffering because of its slow approach to treating returning soldiers.”
Writing for the court, Judge Jay Bybee stated “[The lawsuit] sounds a plaintive cry for help, but it has been misdirected to us.”
“As much as we may wish for expeditious improvement in the way the VA handles mental health care and service-related disability compensation, we cannot exceed our jurisdiction to accomplish it.”
The article notes that only one judge dissented, expressing concern that the ruling “…leaves veterans in a ‘Catch-22’ position because they can’t turn to the courts if the VA fails to respond to their cases.”
