A recent ruling by a federal judge said two of six claims in a class action lawsuit filed by the ACLU on behalf of veterans with severe disabilities may proceed.
The first claim alleges that veterans with severe mental disabilities and/or brain injuries are denied meaningful access to benefits such as medical and mental health care. The second claim alleges that the process used to determine land use policy in recent years may have been deficient, in that disabled veterans were not given a proper forum for making their wishes known.
The court found that the VA did not assume enforceable fiduciary duties as trustee of the charitable trust created by the original land grant deed. Although the deed called for providing permanent housing for disabled veterans, Congress never explicitly authorized the federal government to assume fiduciary obligations as to the property. The Court found that “while this result may seem shocking, this is the result the law dictates….â€
Robert Rosebrock, a local veterans activist, said “Fellow Veterans are grateful that the ACLU lawsuit is finally moving forward to trial. However, it is deeply disturbing that the VA would even challenge this suit, let alone try to force its dismissal. Hopefully, justice and compassion will prevail and a new, exclusive, and permanent Veterans Home will finally be built to accommodate the thousands of seriously disabled Veterans who need quality care and proper housing.†The VA had no comment because the litigation is ongoing.
VA Lawsuit to Proceed
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