VETERANS FOR COMMON SENSE v. SHINSEKI

No. 08-16728.

644 F.3d 845 (2011)

VETERANS FOR COMMON SENSE, a District of Columbia nonprofit organization; Veterans United for Truth, Inc., a California nonprofit organization, representing their members and a class of all veterans similarly situated, Plaintiff-Appellants, v. Eric K. SHINSEKI, Secretary of Veterans Affairs; United States Department of Veterans Affairs; James P. Terry, Chairman, Board of Veterans' Appeals; Michael Walcoff, Acting Under Secretary, Veterans Benefits Administration; Bradley G. Mayes, Director, Compensation and Pension Service; Robert A. Petzel, M.D., Under Secretary, Veterans Health Administration; Pritz K. Navara, Veterans Service Center Manager, Oakland Regional Office, Department of Veterans Affairs; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted September 14, 2009.

Filed May 10, 2011.


Attorney(s) appearing for the Case

Gordon P. Erspamer (argued), Heather A. Moser , Ryan G. Hassanein , M. Natalie Naugle , and Stacey M. Sprenkel , Morrison & Foerster LLP, San Francisco, CA; and Sidney M. Wolinsky , Ronald Elsberry , Katrina Kasey Corbit , and Jennifer Bezoza , Disability Rights Advocates, Berkeley, CA, for the plaintiffs-appellants.

Michael F. Hertz , Acting Assistant Attorney General; Joseph P. Russoniello , United States Attorney; and William Kanter and Charles W. Scarborough (argued), Appellate Staff, Civil Division, Department of Justice, for the defendants-appellees.

Opinion by Judge REINHARDT; Dissent by Chief Judge KOZINSKI.


OPINION

REINHARDT, Circuit Judge:

On an average day, eighteen veterans of our nation's armed forces take their own lives. Of those, roughly one quarter are enrolled with the Department of Veterans Affairs ("VA") health care system. Among all veterans enrolled in the VA system, an additional 1,000 attempt suicide each month. Although the VA is obligated to provide veterans mental health services, many veterans with...

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