Swords to Plowshares

The Judge presiding over the class action lawsuit against VA, alleging systemic failures in health care and disability claims processing, has ordered a hearing on the e-mail issued by a VA psychologist. The psychologist suggests that counselors diagnose “adjustment disorder” in lieu of Post-Traumatic Stress Disorder since it could impact the veterans disability compensation.

Judge to consider VA e-mail about PTSD diagnoses

The hearing ordered by U.S. District Judge Samuel Conti follows a two-week trial that ended last month. Veterans groups had sued the VA, saying it inadequately addressed a “rising tide” of mental health problems, especially post-traumatic stress disorder and suicides.

The plaintiffs asked Conti to reopen the case in light of the e-mail discovered after the trial ended.

The judge agreed, saying “the e-mail raises potentially serious questions that may warrant further attention.” He ordered lawyers for both sides to appear in court Tuesday to discuss whether the e-mail has any bearing on the case.

Lawyers for the veterans groups argue that Perez’s e-mail goes to the heart of their case, showing the VA’s indifference to treating mental health.

“This is not Joe the janitor writing this,” vets’ lawyer Arturo Gonzalez said. “This is a supervisor, and it shows how the VA thinks.”

Gonzalez wants the judge to add the e-mail to the evidence given to him at the non-jury trial in support of the lawsuit.

Read the letter written by Gordon Erspamer to Judge Conti on the ptsd email [pdf link] here