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Eugene

(61,937 posts) Mon May 7, 2012, 03:43 PM May 2012

Court reverses itself on veterans healthcare overhaul

Source: Reuters

Mon May 7, 2012 3:28pm EDT

(Reuters) - A federal appeals court has reversed a ruling that ordered a major overhaul of the U.S. Department of Veterans Affairs because of the agency's failure to properly treat combat-related mental problems.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said it lacked authority to direct changes to speed treatment of veterans.

It also said it lacked authority to consider challenges to how the department adjudicates claims.

"As much as we may wish for expeditious improvement in the way the VA handles mental healthcare and service-related disability compensation, we cannot exceed our jurisdiction to accomplish it," Judge Jay Bybee wrote for a 10-1 majority.

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Read more: http://www.reuters.com/article/2012/05/07/us-usa-veterans-mentalhealth-idUSBRE8460XI20120507

2 replies

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Court reverses itself on veterans healthcare overhaul (Original Post) Eugene May 2012 OP

Actual Decision happyslug May 2012 #1

Thanks for the clarification, happy; elleng May 2012 #2

happyslug

(14,779 posts)

1. Actual Decision

Reply to Eugene (Original post)

Mon May 7, 2012, 05:09 PM

May 2012

http://www.veteransptsdclassaction.org/pdf/2012-05-07_9th_Circuit_Opinion.pdf

The important Paragraph:

We conclude that we lack jurisdiction to afford such relief because Congress, in its discretion, has elected to place judicial review of claims related to the provision of veterans’ benefits beyond our reach and within the exclusive purview of the United States Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit

i.e. "wrong court", this case has to be decided by United States Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit NOT any other court.

elleng

(131,063 posts)

2. Thanks for the clarification, happy;

Reply to happyslug (Reply #1)

Mon May 7, 2012, 05:39 PM

May 2012

important that people, esp DUers, understand WHY courts decide as they do.

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