Judge dismisses suit charging VA with shoddy mental health care
Bob Egelko, Chronicle Staff Writer

Wednesday, June 25, 2008

(06-25) 11:00 PDT SAN FRANCISCO -- A federal judge in San Francisco dismissed a nationwide lawsuit by veterans groups today that sought major changes in the Department of Veterans Affairs' mental health system because of long waits for treatment and benefits.

Veterans' advocates accused the VA of making mental health care virtually unavailable to thousands of discharged soldiers through perfunctory exams, delays in referrals and treatment, and a prolonged and complex system of awarding medical benefits.

They cited internal department e-mails, released in response to the suit, that reported 18 suicides a day among all veterans and 1,000 suicide attempts a month among those under VA care. About 30 percent of the nation's 24 million veterans receive medical care from the department, which is required to provide care for five years after a veteran is discharged from active duty.

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"The remedies sought by plaintiffs are beyond the power of this court and would call for a complete overhaul of the VA system," Conti said in an 82-page ruling. He said he found "no systemic violations" of law that would justify court intervention.

"Congress has specifically precluded district courts from reviewing veterans' benefits decisions and has entrusted decisions regarding veterans' medical care to the discretion of the VA secretary," said the judge, a World War II veteran who was appointed to the bench by President Richard Nixon.

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