Judge in S.F. allows suit charging VA denies some vets health care

Submitted by airborne on Tue, 01/15/2008 - 18:15.

San Francisco Chronicle
Bob Egelko, Chronicle Staff Writer
Friday, January 11, 2008

Veterans' advocates can proceed with a lawsuit claiming that the federal government's health care system for troops returning from Iraq and Afghanistan illegally denies care and benefits, a federal judge in San Francisco ruled Thursday.

U.S. District Judge Samuel Conti, a conservative jurist and a World War II veteran, rejected Bush administration arguments that civil courts have no authority over the Department of Veterans Affairs' medical decisions or how it handles grievances and claims.

If the plaintiffs can prove their allegations, Conti said, they would show that "thousands of veterans, if not more, are suffering grievous injuries as the result of their inability to procure desperately needed and obviously deserved health care."

He said federal courts are competent to decide whether those injuries were caused by flaws in the health care system and the VA's grievance procedures.