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Judge dismisses lawsuit over war veteran care

SAN FRANCISCO
Wed Jun 25, 2008 7:27pm EDT

SAN FRANCISCO (Reuters) - A U.S. judged dismissed on Wednesday a lawsuit against the U.S. Department of Veterans Affairs that claimed the government was failing to meet the mental health needs of former troops, who have a rate of suicide far higher than the general population.

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Two groups had sought a court order to require the department to improve how it cares for veterans and processes benefits.

U.S. District Court Judge Samuel Conti said Veterans for Common Sense and Veterans United for Truth were demanding an overhaul of the VA system, "something clearly outside this court's jurisdiction."

"Congress has specifically precluded district courts from reviewing veterans' benefits decisions and has entrusted decisions regarding veterans' medical care to the discretion of the VA Secretary," Conti wrote in his 82-page decision.

"The court can find no systemic violations system-wide that would compel district court intervention," he said.

Lawyers pressing the suit said in April that veterans commit suicide between three and 7.5 times more often than the national average.

The VA said it was pleased with the decision, but the head of one of the groups said an appeal was planned.

"This ruling will only cause us to redouble our efforts and our pursuit of justice for our nation's veterans. We will not rest until our job is finished," Paul Sullivan, director of Veterans for Common Sense, said in a statement.

(Reporting by Jim Christie; Editing by Mary Milliken and Xavier Briand)



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