Judge dismisses suit over veteran health care

By Jim Christie

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.

Two groups had sought a court order to require the department to improve the way 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.

That kind of evidence was used to bolster the argument that the VA has systemic problems treating mental health problems. But Conti disagreed.

"He adopted a definition of 'systemic' that is very, very limited," Gordon Erspamer, a lawyer with the firm Morrison & Foerster, said during a telephone conference call. "We think the bar was set too high."