There is a great story in Time magazine describing veterans efforts to sue the government:
When veterans of America's two current wars — Iraq and Afghanistan — tried to sue the Department of Veterans Affairs for failing to process thousands of claims for post traumatic stress disorder (PTSD), the Department waved them off saying they had no right to do so. The VA said that Congress had set up an administrative — not judicial — process for evaluating individual disability claims. The veterans, it declared, just had to wait for bureaucracy to take its course — no matter that it has a backlog of 600,000 unresolved claims, each of which can take up to six months or more to process.
Now, however, a federal judge in San Francisco has cleared the way for a dramatic challenge to the constitutionality of the VA's claims system. Judge Samuel Conti of the Northern District of California ruled that the administrative system is not "adequate" for reviewing claims of organizations suing on behalf of a broad class of veterans...
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The suit claims that the VA violates the constitutional rights of PTSD victims by denying them medical care and benefits as well as the power to hire outside attorneys and obtain records in their disability petitions.
Comments: In the VA and military health systems, leaders can throw up their hands and say "it's not logistically possible" and "we don't have enough resources". Often times there is truth to this. How can the highest level and quality of care be delivered if the the staffing and other resources necessary to get the job done aren't available? On the other hand what about leaders who make these excuses because they don't want to make the tough calls. There has to be a balance between accountability and government immunity.
Reference: http://www.time.com/time/nation/article/0,8599,1703091,00.html
