Tag Archives: VA

VA modifies Mental Health benefits

Courthouse News has this update on VA benefits regulations:

The Department of Veterans Affairs has modified eligibility rules so veterans with mental illness may receive treatment while waiting for confirmation of their service, according to a revised regulation.

The VA has revised its rules to allow for tentative eligibility approvals for VA health care for those who served in the military after Sept. 7, 1980. Applicants must still meet the minimum service requirement under federal code and tentative approvals are contingent on whether they have filed for VA health care within six months after their discharge under conditions “other than dishonorable,” the agency said in its action.

Effective June 13, veterans may receive medical treatment before their psychosis or “mental illness other than psychosis” has been confirmed to be service-connected, the rule says.

The VA said the rule change makes sense considering most veterans are able to connect their medical condition to military service, and early treatment could improve their chances of a positive outcome.

“The immediate medical treatment will, in turn, enable the veteran to manage his or her medical condition more effectively,” the agency said in its action.

The agency also removed the six-month minimum service time to be eligible for the mental health benefits. The minimum was originally set by a Congress concerned about some service members who would enlist with the sole intention of obtaining eligibility for veterans’ benefits, but then would bring about their own early discharge, the agency explained in its action.

The agency said that the rule has been changed “in consideration of the fact that very few, if any, veterans will be seeking tentative eligibility determinations within six months of discharge for a period of service that began over 32 years ago. The amount of time that a veteran, who entered active duty after Sept. 7, 1980, must serve on active duty to be eligible for VA benefits is governed by another U.S. code.

In addition, mental health care has been extended to “non-enrolled” veterans, or veterans who receive their care from private hospitals instead of the VA, and copayment obligations have been removed.

via Courthouse News Service.

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VA Can’t Refuse To Treat Medical Conditions Of Inmates

The District Court for the Western District of Virginia refused to dismiss a class action alleging that a womens prison in Virginia fails to treat medical conditions as a way to cut costs.

Five prisoners at Fluvanna Correction Center for Women FCCW in Troy, Va., are leading the charge against the Virginia Department of Corrections VDOC, which they say routinely violates Eighth Amendment rights and shows deliberate indifference to medical needs.

U.S. District Judge Norman Moon denied the states motion to dismiss Tuesday.

“Plaintiffs allege that, as a result of cost-saving concerns, medical personnel at FCCW have failed, or refused, to invest the time or effort required to acknowledge, examine, diagnose and treat them with respect to existing or potentially serious medical problems and concerns,” he wrote. “Indeed, the complaint is replete with specific examples of how Plaintiffs have been adversely affected as a result of this concern.”

The decision states that officials with the Virginia Department of Corrections allegedly received hundreds of grievances, which should have notified them of a continuing problem at the prison facility.  Consequently, Judge Moon held that the class may proceed.

“Given that plaintiffs have alleged that the VDOC defendants remained inactive despite personal knowledge of information disclosing alleged ongoing deficiencies in medical care, plaintiffs Eighth Amendment claim may proceed against them directly.”

The complaint alleges the prison refused to treat medical conditions in the following examples of the putative class representatives.

  • The prison failed to give the proper dosage of medication prescribed to Cynthia Scott after she was diagnosed with sarcoidosis, a disease that formed nodules in her lungs, spleen and liver. Scott also allegedly developed a blood clot in her leg that was left untreated until it traveled to her lungs.
  • Bobinette Fearce, a second named plaintiff, says she has degenerative disc disease, causing her chronic pain. The prison doctors allegedly refused to give her enough Tylenol to alleviate her pain. She also claims to suffer from incontinence and must wear a diaper at all times, but an FCCW doctor said she is “too old to be afforded the surgery that would correct her bladder condition.”
  • Patricia Knight says that a stroke caused her to lose grip strength and made walking difficult. Because her conditions allegedly prevent her from performing any prison job, Knight says she cannot afford the $5 “co-pay” for prison medical visits and therefore gets little medical care.
  • Marguerite Richardson says she visited the medical staff when she developed a number of boils on her leg. A test found that she had a highly contagious antibiotic-resistant infection, but the prison waited five months to give her medication to treat the infection, the complaint states.
  • Rebecca Scott, the fifth plaintiff, allegedly suffers from recurring tonsillitis. She says an FCCW doctor told her he “does not believe in removal of tonsils by surgery,” that the prison has rejected her requests to see an outside specialist.

via Courthouse News Service.

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