QUICK STORY ~ 1/23/12-10:00

The VA says that veterans rights are not constitutionally protected!

   The judges of the United States Court of Appeals for the Ninth Circuit have voted to rehear our case in response to an appeal from the VA.

   They removed the 105-page finding from 10 May 2011 from consideration as a precedent, which apparently is normal practice on a re-hearing but which is also frustrating.

   The Chief Judge of the Ninth Circuit, Judge Alex Kozinski, was the dissenting judge in the first panel so this is not entirely unexpected, although it is mightily disappointing. What we won is now set aside and we begin anew.

To recap:

   With only 4½ years in the process, at least we have the comfort of knowing that we are getting our day in court a little faster than many veteran’s appeals are being processed, although not much faster.

   The new appeal is based in large part on the VA’s contention that veterans “lack any due process protection under the Constitution” entitling them to efficient handling of their treatment and benefit claims.

    See our recent newsletter (Vol 7 Issue 3, 20 November 11) for a report on the hearing by clicking on "Past Issues of SOUND OFF" on the right, above.

For those who are interested:

The Original Complaint (73pp pdf)

Original District Court Ruling (82pp pdf)

9th Circuit Intro & Conclusion Extract (4pp pdf)

Complete 9th Circuit Ruling (140pp pdf)

Our Chairman's Statement ~~

     While Veterans United for Truth and Veterans for Common Sense are being credited as the plaintiffs in the lawsuit, the real credit must go to the two law firms who had the tenacity to file the case.

     Morrison & Foerster and Disability Rights Advocates lead attorneys Gordon Erspamer and Sid Wolinsky and their crew of lawyers, paralegals, secretaries and staff are the real heroes of the case. They put in the long hours to bring the full depth of our plight as veterans before the court.

    There is still work to be done and the folks at Morrison & Foerster and Disability Rights Advocates are as committed today as they were on the first day.

    America’s Veterans owe them a debt of gratitude that we will never be able to repay. VUFT and VCS may have been the vehicle, but MoFo and DRA were and are the engine.

Bob Handy HMC USN Ret

Chair VUFT

We recently - and reluctantly - sued the Veterans Administration and others to improve medical care for veterans, particularly those returning from the current conflicts. The filing is here as

are periodic update reports on the progress of the suit.

Court location information is here

Have YOUR case evaluated here