A federal court judge in San Francisco demanded that Justice
Department attorneys representing the Veterans Administration explain why an
email written by a top VA official who asked staffers to diagnose fewer cases
of post traumatic stress disorder (PTSD) wasn�t turned over to defendants suing
the VA over its failure to immediately treat veterans who showed signs of the
disease.
U.S. District Court Judge Samuel Conti ordered DOJ attorneys
to appear in court today for a hearing to explain the contents of the email and
whether it should be admitted into evidence. Conti said, �The email raises
potentially serious questions that may warrant further attention."
The March 20 email was written by Norma Perez, a
psychologist and the coordinator of a post-traumatic stress disorder clinical
team in Temple, Texas.
"Given that we are having more and more
compensation-seeking veterans, I'd like to suggest that you refrain from giving
a diagnosis of PTSD straight out," Perez�s email, titled �Suggestion,�
says. "We really don't or have time to do the extensive testing that
should be done to determine PTSD."
PTSD is a psychiatric disorder that can develop in a person
who witnesses, or is confronted with, a traumatic event. PTSD is said to be the
most prevalent mental disorder arising from combat. In April, the RAND
Corporation released a study that said about 300,000 U.S. troops sent to combat
in Iraq and Afghanistan are suffering from major depression or PTSD, and
320,000 received traumatic brain injuries. Since October 2001, about 1.6
million U.S. troops have deployed to the wars in Iraq and Afghanistan. Many
soldiers have completed more than two tours of duty meaning they are exposed to
prolonged periods of combat-related stress or traumatic events.
�There is a major health crisis facing those men and women
who have served our nation in Iraq and Afghanistan," said Terri Tanielian,
a researcher at RAND who worked on the study. �Unless they receive appropriate
and effective care for these mental health conditions, there will be long-term
consequences for them and for the nation. Unfortunately, we found there are
many barriers preventing them from getting the high-quality treatment they
need.�
The VA said it has hired more than 3,000 mental healthcare
professionals over the past two years to deal with the increasing number of
PTSD cases, but the problems persist.
Two veterans advocacy groups, Veterans for Common Sense and
Veterans United for Truth, sued the VA last year for allegedly failing to
provide treatment to veterans returning from Iraq and Afghanistan who are
suffering from PTSD The veterans groups said Perez�s email underscores
arguments plaintiffs� attorneys made during a two-week trial in April that a
systematic breakdown at the VA has led to an epidemic of suicides among war
veterans. The advocacy groups claim the VA has turned away veterans who have
sought help for post traumatic stress disorder and were suicidal. Some of the
veterans, the plaintiffs� lawsuit claims, later took their own lives.
The groups want Conti to issue a preliminary injunction to
force the VA to immediately treat veterans who show signs of PTSD and are at
risk of suicide Attorneys representing both organizations asked the judge to
reopen their case and consider admitting Perez�s email into evidence after
another veterans group publicly disclosed it last month.
Justice Department attorney James Schwartz sent a letter to
Conti last Wednesday saying the email has no bearing on the plaintiffs�
lawsuit. Schwartz said the email was an isolated incident and in no way
reflected VA policy. He added that Perez had been �counseled.�
"It was the action of a single individual that in no
way represented the policies of VA, that, once discovered, was dealt with
quickly and appropriately," Schwartz wrote in the letter to Conti.
The email sent by Perez, however, comes on the heels of
another explosive electronic communication sent by a top VA official a month
earlier suggesting the issue is part of a pattern to downplay the rising number
of PTSD cases surfacing as a result of multiple deployments in the Iraq and
Afghanistan wars.
The Feb. 13. 2008, email, disclosed in the federal court trial
in San Francisco in April, was sent to Ira Katz, the VA�s mental health
director by Ev Chasen, the agency�s chief communications director.
Chasen sought guidance from Katz about interview queries
from CBS News, which reported extensively on veterans suicides last year.
�Is the fact that we�re stopping [suicides] good news, or is
the sheer number bad news? And is this more than we�ve ever seen before? It
might be something we drop into a general release about our suicide prevention
efforts, which (as you know far better than I) prominently include training
employees to recognize the warning signs of suicide,� Chasen wrote Katz in an
email, titled "Not for CBS News Interview Request."
Katz�s response is startling. He said the VA has identified
nearly 1,000 suicide attempts per month among war veterans treated by the VA.
His response to Chasen indicates that he did not want the VA to immediately
release any statistical data confirming that number, but rather suggested that
the agency quietly slip the information into a news release.
�Shh!� Katz wrote in his response to Chasen. �Our suicide
prevention coordinators are identifying about 1000 suicide attempts per month
among the veterans we see in our medical facilities. Is this something we
should (carefully) address ourselves in some sort of release before someone
stumbles on it?�
The February email was sent shortly after the VA gave CBS
News data that showed only a total of 790 attempted suicides in 2007 among
veterans treated by the VA. In an email sent to the network the Monday after
Katz's email was disclosed in court, he denied a "cover-up" and said
he did not disclose the true figures of attempted suicides because he was
unsure if it was accurate.
In a December email Katz sent to Brig. Gen. Michael J.
Kussman, the undersecretary for health at the Veterans Health Administration
within the VA, he said that roughly 126 veterans of all wars commit suicide per
week. He added that data the agency obtained from the Center for Disease
Control showed that 20 percent of the suicides in the country are identified as
war veterans.
The �VA�s own data demonstrate 4-5 suicides per day among
those who receive care from us,� Katz said in the email he sent to Kussman.
The email Perez sent in March was the subject of a hearing
last week before the Senate Veterans Affairs Committee, where Perez attempted
to explain the context of her note. She said she used a poor choice of words to
convey the message to counselors that instead of PTSD diagnosis VA counselors
could diagnose veterans with �adjustment disorder,� a less severe condition.
The email seems to imply that Perez was interested in saving money for the VA
as opposed to providing veterans with an accurate diagnosis.
Perez vehemently denied that cost-cutting measures were
behind her suggestions to VA counselor.
�Several veterans expressed to my staff their frustration
after receiving a diagnosis of PTSD from a team member . . . when they had not
received that diagnosis during their Compensation and Pension examination,� Perez said in prepared testimony
before the Senate Veterans Affairs Committee. �This situation was made all the
more confusing and stressful when a team psychiatrist correctly told them they
were displaying symptoms of combat stress, but did not meet criteria for the
diagnosis of PTSD.�
"In retrospect, I realize I did not adequately convey
my message appropriately," Perez told senators. But "my only intent
was to improve the quality of care our veterans receive."
Paul Sullivan, the executive director of Veterans for Common
Sense, doesn�t buy Perez�s claims of innocence.
�Once again VA's political appointees were taken to the
woodshed by an alert Congress for repeatedly failing our veterans,� Sullivan
said in an interview. Veterans for Common Sense �remains disappointed that the
VA leaders selected by President Bush lied again to Congress when said that VA
has enough resources to assist veterans. During the hearing, the Temple, Texas,
PTSD director, who is not a political appointee, Dr. Norma Perez, told Congress
that veterans were scheduled only for a half-hour psychological assessment for
PTSD claims. She said some veterans require a more complete assessment that
could take up to three hours. This was a stunning admission that VA lacks the
proper number of mental healthcare professionals to accurately and consistently
evaluate veterans seeking healthcare and disability benefits for PTSD.�
Sullivan added that incomplete evaluations might be leading
to the large number of incorrect diagnoses that veterans have been complaining
about. The average wait time for disability benefits is more than six months.
�As of June 2008, VA diagnosed 75,000 Iraq and Afghanistan
war veterans with PTSD,� Sullivan said. �Yet VA is providing disability
benefits for PTSD to only 37,000 of those veterans.�
Jason
Leopold is the author of "News Junkie," a memoir. Visit
www.newsjunkiebook.com for a
preview. His
new website is The Public Record.