Sunday, February 10, 2008

Bush Administration Argues That Veterans Aren't Entitled to Medical Care

Lawyers for the Bush Administration are arguing that veterans have no legal right to medical care and the government isn't responsible to provide care to returning veterans in a lawsuit in federal court.

The arguments, filed Wednesday in federal court in San Francisco, strike at the heart of a lawsuit filed on behalf of veterans that claims the health care system for returning troops provides little recourse when the government rejects their medical claims.

The Department of Veterans Affairs is making progress in increasing its staffing and screening veterans for combat-related stress, Justice Department lawyers said. But their central argument is that Congress left decisions about who should get health care, and what type of care, to the VA and not to veterans or the courts.

A federal law providing five years of care for veterans from the date of their discharge establishes "veterans' eligibility for health care, but it does not create an entitlement to any particular medical service," government lawyers said.

They said the law entitles veterans only to "medical care which the secretary (of Veterans Affairs) determines is needed, and only to the extent funds ... are available."



3 comments:

Anonymous said...

We need to change this. I am a veteran and am also a supporter of William J Meyers in the upcoming fourth congressional elections. He has very good ideas about helping veterans and bringing them home.
We can do our part in the national campaign in the fall, but it may fall to the people of a differnet state. WE CAN help get Meyers get elected so our soldiers have a voice on the hill.

YES WE CAN!

William Meyers for House 2008

Anonymous said...

As sad as it is the government's argument is mostly about legal hair spliting. The word "entitlement" has a very precise legal definition that court precendnt attaches a specfic set of legal rights too, including costly due precess guarentees. My guess is the government's stance is based purely on bugetary concerns.

Anonymous said...

Hey anon! Good to see someone else supporting William Meyers. A recently published article in Ames has me sold on him now.

http://amesprogressive.org/2008/02/13/blogs/gavin/steak-a-bottle-of-moretti-and-a-chat-with-congressional-candidate-william-j-meyers/

It appears health care as a whole is a major concern of his. I think he not only wants to help vets, but wants to help everyone with health care.