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VA trial ends with differing views of care

SAN FRANCISCO — A two-week trial that scrutinized the quality of health care for veterans concluded Wednesday with the judge questioning how much authority he had to order changes in the Department of Veterans Affairs, even if he found deficiencies.

“One of the problems I have in this case is this court is restricted by various statutes, binding regulations and case law,” U.S. District Court Judge Samuel Conti told lawyers.

Justice Department lawyer Daniel Bensing, who was defending the system that serves nearly 6 million veterans, argued that the veterans groups suing the VA should take their case to Congress, not the courts.

Arturo Gonzalez, who represented the two veterans groups that sued, countered that the judge did have power to order changes because VA’s “system has crashed and it has been overwhelmed” by an increasing number of claims.

Last year, the VA processed 840,000 claims, an increase from 675,000 in 2001. VA attributed the increased to aging Vietnam veterans with growing health problems. But Gonzalez argued that VA is unprepared to care for the returning veterans from Afghanistan and Iraq.

Conti, who heard the case without a jury, ordered lawyers for both sides to file additional legal documents on the issue.

The veterans groups sued VA last year and accused it of failing to adequately provide mental health care, including inadequate suicide prevention, and taking too long to process claims. Internal VA e-mails disclosed during trial showed that four to five veterans under VA care commit suicide and another 1,000 veterans attempt suicide each month.

“The fact that veterans are killing themselves at alarming rates are undisputed,” Gonzalez told the judge, urging him to order dramatic changes at the VA. Gonzalez suggested that the judge appoint a VA monitor who would report to the judge and ensure compliance with any court-ordered reforms.

Gonzalez also complained that it was taking the VA an average of about 180 days to decide whether to award a veteran benefits and that appeals of adverse decisions were taking years to resolve.

A study released earlier this month by the Rand Corp. estimates that 300,000 U.S. troops — about 20 percent of those deployed — are suffering from depression or post-traumatic stress from serving in Iraq and Afghanistan.

“These veterans need help,” Gonzalez said. “The VA has demonstrated they won’t do it on their own.”

Bensing told the judge that VA already considers addressing suicides and suicide attempts “a major priority.” The mental health budget has increased from $3.2 billion to $3.5 billion annually, and the agency recently hired 3,700 new mental health professionals, he noted.

“There is a special focus on suicide prevention,” Bensing said. “Enormous steps are being taken out the field to enhance the mental health service to veterans.”

Bensing conceded that it was taking too long to process VA claims, but that the agency was working to streamline a complicated system handling a record volume.

“Processing time is a troubling issue,” Bensing said. “These waiting times do no represent a deprivation of care.”

The judge ordered both sides to file post-trial legal papers by May 19, after which he said he would decide the issue.