Protecting our veterans' children
Legacy of Our Veterans' Military Exposures
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Protecting our veterans' children™

Appellate Court Rules Poor VA Mental-Health Care for Vets Is Unconstitutional

May 12, 2011

Appellate Court Rules Poor VA Mental-Health Care for Vets Is Unconstitutional

The court's conclusion at the end of its 104-page decision is blunt: The United States Constitution confers upon veterans and their surviving relatives a right to the effective provision of mental health care and to the just and timely adjudication of their claims for health care and service-connected death and disability benefits…their entitlements to the provision of health care and to veterans' benefits are property interests protected by the Due Process Clause of the Fifth Amendment. The deprivation of those property interests by delaying their provision, without justification and without any procedure to expedite, violates veterans' constitutional rights. Because neither Congress nor the Executive has corrected the behavior that yields these constitutional violations, the courts must provide the plaintiffs with a remedy.

 

Legacy of Our Veterans' Military Exposures

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