RUNNING HEAD: VETERANS

The War at Home: Veterans

Abigail Leadenham
Legal Studies Academy
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ABSTRACT
The purpose of this paper is to inform others about Veteran health care. Each year

countless numbers of veterans die. More than 35,000 combat veterans are being denied health

care enrollment by the Department of Veterans Affairs because of a computer system error,

according to an internal document obtained by The Huffington Post.(Bendery, 2011) Through

the US government veterans receive the proper health care for the injuries they have sustained in

war. Veterans problems can range from cancer to depression or limb loss. All of these injuries are

treatable by the VA. each one treated differently, but still treated.

The War at Home: Veterans

In the year 2015, 307,000 United States veterans passed away(Devine 2015). These

veterans have passed away from waiting for VA health care. The cause of death varies from

suicide or death from their injuries/illness. These veterans range from all ages. For the death toll

to lower, its going to take a combined effort from The U.S. Department of Veterans Affairs and

hospitals/doctors.
A wounded veteran is, A veteran of the U.S. military, ground, naval or air service who is

entitled to compensation (or who but for the receipt of military retired pay would be entitled to
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compensation) under laws administered by the Secretary of Veterans Affairs, or (ii) A person who

was discharged or released from active duty because of a service-connected disability (Carnegie

Mellon University 2016 n.d.). Wounded veterans receive health care from The U.S. Department

of Veterans Affairs. The U.S. Department of Veterans Affairs offers benefits such as:

Compensation, education & training, vocational rehabilitation & employment, home loans, life

insurance, pension and other benefits(United States.(n.d.). Veterans Benefits Administration).

Compare and Contrast
In Alaska, veterans receive land discounts/ purchase preference, property tax

exemptions, veterans housing and residential loans, employment services, military credit for state

retirement, and free tuition for spouse or dependent of armed services. The state of Virginia has

veteran care centers, Virginia transition assistance programs, Virginia Military Survivors and

Dependents Education Program, Honorary Diplomas for Veterans and Real Estate Tax

Exemption(Military Advantage, November 23 2016).Compared side by side, Virginia does not

offer land discounts, property tax exemptions, military credit for retirement and free tuition for

the spouse or dependant(Military Advantage, November 23 2016). Alaska offers succeed

Virginia's, allowing Alaska residents to receive benefits not offered by most states. The state of

Virginia as previously stated, has veteran care centers, virginia transition assistance programs,

Virginia Military Survivors and Dependents Education Program, Honorary Diplomas for

Veterans and Real Estate Tax Exemption. The Rhode Island veterans home, Cemetery, Tax

exemption, and Veterans Benefits Counseling. The state of Rhode Island does not offer care

centers, transition assistance programs, education programs and real estate tax

exemption(Military Advantage, November 23 2016). The benefits given by virginia are more

than those of rhode island, placing rhode island #51 in places to live if you're a veteran, 51 being
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the worst. Patrick Harris a former veteran states, I know Alaska offers a lot of financial

assistance to veterans. This includes land discounts, property tax exemptions and loans. They

also have 21 employment centers that prioritize veterans. If you look at the factors leading to

homelessness in veterans, this solves a lot of those issued (Harris 2016). He was asked, statics

show that the state of Alaska is number one for veterans retirees and Massachusetts is number
thirty eight, and Rhode Island is number fifty one, why do you think that is? When asking Nicole

Leadenham the same question, she replied, Honestly, I have to assume it is based a LOT on

healthcare(Leadenham, 2016).

Factual information/Study taken

"Over 300,000 - and this is hard to believe, and its actually much more than that now -

over 300,000 veterans died waiting for care"(Fiske, 2015). There was a study taken to see if there

was any correlation between combat trauma and suicide among vietnam. According to Bullman,

T. A., & Kang, H. K,

They took a group of wounded soldiers and looked at the severity of their wounds

and how many times they have been wounded. The results of the test were that

veterans who have been wounded/hospitalized more than once had a higher

tendency of killing themselves. The risk of suicide might be caused by

psychological problems caused by war. One study showed that 37% of amputee

veterans committed suicide. The number of times wounded is a more important

risk factor for those committing suicide. Also veterans who have experienced pain

or depression because of their injuries are at risk of poisoning. (1996)

Benefit program
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There are numerous programs in the United States that offer help to wounded veterans.

My Healthevet is an example. My Healthevet is a part of the United States Department of

Veterans Affairs. This website/organization offers prescription refills, a system that allows you

to schedule VA appointments and have reminders, communication between the veteran and their

VA health care team, viewing, printing or downloading their VA medical record(My

Healthevet,United States Department of Veterans Affairs 2016).In order to receive these benefits

and more the veteran has to register. Registration requires: First, last and middle name, alias,

marital status, social security number, current occupation, gender, birthdate, relationship to

VA( VA patient, Veteran, Health Care Provider, etc.), donor information(blood type, organ

donor), primary address, contact information and the making of a username and password( My

Healthevet,United States Department of Veterans Affairs 2016).

Case
According to HENDERSON v. SHINSEKI 2010;
After the VA denied David Hendersons claim for supplemental disability

benefits, he filed a notice of appeal in the Veterans Court, missing the 120-day

filing deadline by 15 days. Henderson argued that his failure to timely file should

be excused under equitable tolling principles. While his appeal was pending, this

Court decided Bowles v. Russell , 551 U. S. 205 , which held that the statutory

limitation on the length of an extension of time to file a notice of appeal in an

ordinary civil case is jurisdictional, so that a partys failure to file within that

period could not be excused. The Veterans Court concluded that Bowles

compelled jurisdictional treatment of the 120-day deadline and dismissed

Hendersons untimely appeal. The Federal Circuit affirmed.

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There were two parts to this case. (a) Branding a procedural rule as going to a courts subject-

matter jurisdiction alters the normal operation of the adversarial system. Federal courts have an

independent obligation to ensure that they do not exceed the scope of their subject-matter

jurisdiction and thus must raise and decide jurisdictional questions that the parties either

overlook or elect not to press("HENDERSON v. SHINSEKI," 2010). (b) Congress did not

clearly prescribe that the 120-day deadline here be jurisdictional. Pp. 712("HENDERSON v.

SHINSEKI," 2010). (1) None of the precedents cited by the parties controls here. All of the

cases they cite e.g., Bowles, supra; Stone v. INS , 514 U. S. 386 ; and Bowen v. City of New

York , 476 U. S. 467 involved review by Article III courts("HENDERSON v. SHINSEKI,"

2010). (2) Several factors indicate that 120-day deadline was not meant to be jurisdictional. The

terms of 7266(a), which sets the deadline, provide no clear indication that the provision was

meant to carry jurisdictional consequences. It neither speaks in jurisdictional terms nor refers

in any way to the jurisdiction of the [Veterans Court], Zipes v. Trans World Airlines, Inc. , 455

U. S. 385 . Nor does 7266s placement within the VJRA provide such an indication. Its

placement in a subchapter entitled Procedure, and not in the subchapter entitled Organization

and Jurisdiction, suggests that Congress regarded the 120-day limit as a claim-processing rule.

Most telling, however, are the singular characteristics of the review scheme that Congress

created for adjudicating veterans benefits claims("HENDERSON v. SHINSEKI," 2010).

Law
The law is Affordable Health Care for all Americans, PUBLIC LAW 111148

MAR. 23, 2010 124 STAT. 119(Senate and House of Representatives, 2010). (1) IN

GENERAL.The term minimum essential coverage means any of the following: (A)
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GOVERNMENT SPONSORED PROGRAMS.Coverage under (i) the Medicare program

under part A of title XVIII of the Social Security Act, (ii) the Medicaid program under title XIX

of the Social Security Act, (iii) the CHIP program under title XXI of the Social Security Act,

(iv) the TRICARE for Life program, (v) the veterans health care program under chapter 17 of

title 38, United States Code, or (vi) a health plan under section 2504(e) of title 22, United States

Code (relating to Peace Corps volunteers)(Senate and House of Representatives, 2010). Veterans

are promised health care to help stabilize their lives.

Types of Disablements
A type of disablement is PTSD. PTSD is a disorder that develops in some people

who have experienced a shocking, scary, or dangerous event. It is natural to feel afraid during

and after a traumatic situation. Fear triggers many split-second changes in the body to help

defend against danger or to avoid it ("NIMH Post-Traumatic Stress Disorder," n.d. 2016).

PTSD can be helped with the use of therapy and/or medicine. This fight-or-flight response is

a typical reaction meant to protect a person from harm. Nearly everyone will experience a range

of reactions after trauma, yet most people recover from initial symptoms naturally. Those who

continue to experience problems may be diagnosed with PTSD. People who have PTSD may feel

stressed or frightened even when they are not in danger("NIMH Post-Traumatic Stress

Disorder," n.d. 2016).

Another type of disablement is Traumatic Brain Injury. Traumatic brain injury (TBI), a

form of acquired brain injury, occurs when a sudden trauma causes damage to the brain. TBI can

result when the head suddenly and violently hits an object, or when an object pierces the skull

and enters brain tissue(Traumatic Brain Injury Information Page 2016).Every person reacts

differently to this injury causing the placement of categories. The categories are: mild, moderate,
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and severe. Examples of mild TBI would be : headache, confusion, lightheadedness, dizziness,

blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a

change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration,

attention, or thinking(Traumatic Brain Injury Information Page 2016).

Blindness is Loss of useful sight. Blindness can be temporary or permanent. Damage to

any portion of the eye, the optic nerve, or the area of the brain responsible for vision can lead to

blindness("Definition of Blindness," 2016). Damage or permanent loss of eyesight can be

caused by numerous things such as, a roadside bomb or tear gas.

Amputation is a common injury among many US veterans. Amputation is, the surgical

removal of all or part of a limb or extremity such as an arm, leg, foot, hand, toe, or finger

("Limb Amputation: Reasons, Procedure, Recovery," 2016). About 1.8 million Americans are

living with amputations. Amputation of the leg -- either above or below the knee -- is the most

common amputation surgery. Reasons for Amputation:There are many reasons an amputation

may be necessary. The most common is poor circulation because of damage or narrowing of the

arteries, called peripheral arterial disease. Without adequate blood flow, the body's cells cannot

get oxygen and nutrients they need from the bloodstream. As a result, the affected tissue begins

to die and infection may set in("Limb Amputation: Reasons, Procedure, Recovery," 2016).
Many of the US veterans are diagnosed with anxiety, depression and/or PTSD. Anxiety

is, Anxiety is an emotion characterized by feelings of tension, worried thoughts and physical

changes like increased blood pressure. People with anxiety disorders usually have recurring

intrusive thoughts or concerns(Anxiety Association, 2016). The cause of anxiety could be from

fear of being attacked in public or any nerve racking situation.

Depression is, a mood disorder that causes a persistent feeling of sadness and loss of

interest. Also called major depressive disorder or clinical depression, it affects how you feel,
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think and behave and can lead to a variety of emotional and physical problems("Depression

(major Depressive Disorder)," 2016). Depression can affect how a veteran focuses on an

everyday basis. Because of this depression the veterans self esteem and self worth may be

lowered.
Other factors that play into health care
The type of injury received from war is important because it is the basis for what type of

health care you will receive. Types of injuries caused by war come from: bullets, mortar,

artillery, grenade, booby trap/IED, RPG or other weapons("Weapons Effects and War

Wounds,"2016). The household income will affect how much a veteran will receive in money.

The number of dependants also can play a role. There are different types of the armed forces

being Navy, Army, Air Force, Coast Guard, and Marines. There are extensions to these branches.

There are a plethora of jobs offered by all branches. The time of serving is important, it goes

back to the wars, the Gulf war until now.

Example of health care case
More than 35,000 combat veterans are being denied health care enrollment by the

Department of Veterans Affairs because of a computer system error, according to an internal

document obtained by The Huffington Post. Scott Davis, a program specialist at the VAs Health

Eligibility Center in Atlanta and a past whistleblower on VA mismanagement, provided HuffPost

with a recent VA analysis of the number of combat vets, by city, who are listed as pending for

health care enrollment because they didnt complete a so-called means test, which assesses their

household income. Many vets have to submit a means test to be enrolled, but its not required for

combat vets, who are automatically eligible for five years of free care. The policy is spelled out

on the VAs website(Bendery, 2015). Because of a computer error, 35,000 soldiers do not

receive the health care needed to survive. 417 of those 35,000 veterans lived in Virginia. The
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vast majority of these combat vets served in Iraq or Afghanistan. About 16,000 of them have

been pending for more than five years, while about 19,000 have been pending from between one

month and five years. Combat vets lose their eligibility for free health care after five years.

The document comes on the heels of another leaked VA document from April showing that

nearly one-third of 847,000 vets with pending applications for health care had already

died(Bendery 2015).
Example of health care case
U.S. veterans are dying because of delays in diagnosis and treatment at VA hospitals.

At least 19 veterans have died because of delays in simple medical screenings like colonoscopies

or endoscopies, at various VA hospitals or clinics, CNN has learned. That's according to an

internal document from the U.S. Department of Veterans Affairs, obtained exclusively by CNN,

that deals with patients diagnosed with cancer in 2010 and 2011( Bronstein 2014). Barry Coates

is one of the many veterans suffering through the delayel of health care. Barry had colon cancer.

The problem was getting worse and I was having more pain," Coates said, talking about one

specific VA doctor who he saw every few months. "She again examined me and gave me some

prescriptions for other things as far as pain and stuff like that and I noticed again she made

another comment -- 'may need colonoscopy.' "I told her that something needed to be done," said

Coates. "But nothing was ever set up ... a consult was never set up(Bronstein 2014). Barry was

denied the care of his colon cancer which seemingly grew worse and worse. After a year of

numerous complaints and phone calls, Barry received his colonoscopy. They caught and found

the cancer and barry is undergoing chemotherapy. As CNN has previously reported, as many as

7,000 veterans were on a backlog list -- waiting too long for colonoscopies or endoscopies -- at

VA facilities in Columbia, South Carolina and Augusta, Georgia(Bronstein 2014). Veterans deal
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with wounds from war and also wounds caused by Mother Nature. These could range from

cancer to tumors to dementia or Alzheimers. Dementia is a general term for a decline in mental

ability severe enough to interfere with daily life. Memory loss is an example(Alz 2016).

Dementia is not a specific disease. It's an overall term that describes a wide range of symptoms

associated with a decline in memory or other thinking skills severe enough to reduce a person's

ability to perform everyday activities(Alz 2016). Alzheimer's disease is a progressive,

degenerative disorder that attacks the brain's nerve cells, or neurons, resulting in loss of memory,

thinking and language skills, and behavioral changes. These neurons, which produce the brain

chemical, or neurotransmitter, acetylcholine, break connections with other nerve cells and

ultimately die. For example, short-term memory fails when Alzheimer's disease first destroys

nerve cells in the hippocampus, and language skills and judgment decline when neurons die in

the cerebral cortex(Alzfdn 2016). The stages are : early(mild)-Forget words or misplace

objects, forgets something they just read, middle(moderate)-Increased memory loss and

confusion, problems recognizing family and friends, continuously repeating stories, favorite,

wants(e.g., foods, places, songs, etc.), or motions, and late(severe)(Alzfdn 2016).

Massachusetts and the military
A recent study gave Boston a very low ranking among the countrys most populated cities that

provide services for veterans. This states veterans face a number of challenges upon their return

home, including securing employment and housing, as Massachusettss rates for unemployment

and homelessness among veterans exceeds that of their national counterparts(Wright, 2014). In

a recent poll, there are 30,000 homeless veterans(Wright, 2014). These numbers were

challenged by Patrick Harris. Patrick Harris is a Police Officer and former veteran. He started in

2008 and became a veteran in 2010. He said, According to the U.S. Department of Housing and
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Urban Development, that number is closer to 58,000. The National Coalition for Homeless

Veterans believes these numbers are due to a shortage of affordable housing, limited access to

healthcare and jobs offering a livable income, PTSD and substance abuse. I very much agree

with this. All of these factors are related and compound each other(Harris 2016). When asked,

In the state of Massachusetts, do you receive the medical care needed? Can you explain why you

answered the way you answered. He replied, Not in my area (Northampton, MA). It usually

takes me in excess of 3 months to get an appointment. Mental health in my area has been

referring me in circles. I have been trying to get an appointment for 6 months and there is no

resolution in sight. I know other VA hospitals in the area are far better, such as West Haven,

CT(Harris 2016). When asking Nicole Leadenham, also a former veteran, Are you aware that

Massachusetts has around 30,000 homeless veterans? Why do you think this is? Could this

situation be improved, if so, how?She replied, I did not know it was this many. I know that

homelessness in the Veteran community is an issue overall. I think that MA is working to

address this issue as there is now a few communities in MA that are subsidized housing

specifically for Veterans. I dont the success of these mini-communities but I do know that they

exist. Im not sure I can guess as to why this is so high without knowing the demographics, as

the problems that exist within the older generation of veterans are different from the newer

generations. I would say for the newer generation from what I hear and see, it is a combination

of being over medicated (easy access to controlled substances) and prideful. Dont want to ask

for help for mental health, or they stop seeing someone because it wasnt helping, when in

reality working with a therapist is not always a perfect fit the first time(Leadenham, 2016). When

asked if Massachusetts health care could be approved she replied, The VA is just like any other
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government job, and people are in these jobs for a long time. I do think that the burnout rate of

doctors, etc is very real within the VA or any government agency. Ive been treated rudely at the

outpatient clinic in Worcester, and when I went into the ER at the VA in Roxbury I had to wait

almost 40 minutes AFTER I saw the doctor for pain medication (this is significant because it was

surmised that I tore my rotator cuff). I dont know how you make people care about their job,

but that feels like the biggest issue.like theyre jaded(Leadenham 2016). Patrick replied,

Absolutely(Harris 2016).

Conclusion
For the death toll to lower, its going to take a combined effort from The U.S. Department

of Veterans Affairs and hospitals/doctors. 1000's upon 1,000 of US Veterans die or don't receive

health care each year. In the year 2015, 307,000 United States veterans passed away (Devine

2015). These veterans have passed away from waiting for VA health care. Veterans health

problems vary from cancer to depression. All treatable by the VA. With a combined effort from

the VA and hospitals/states, the number of waiting veterans and dead veterans will lower.
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