Court overturns ruling on veterans' free lifetime health care

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Court overturns ruling on vets' free lifetime health care

>From Terry Frieden - CNN

Tuesday, November 19, 2002 Posted: 3:57 PM EST (2057 GMT)

http://www.cnn.com/2002/LAW/11/19/retired.veterans.hearing/index.html

 

 

WASHINGTON (CNN) -- A federal appeals court Tuesday ruled that the U.S.

government does not owe free lifetime medical care to World War II and

Korean War veterans who agreed to serve 20 years in exchange, despite

promises made to them when they were in the armed forces.

 

The ruling represents a victory for the federal government, which had argued

the veterans were not entitled to the benefits. The ruling will potentially

save the government billions of dollars in health care costs.

 

The 9-4 ruling by the full U.S. Court of Appeals for the Federal Circuit in

Washington, D.C., overturns a ruling by a three-judge appeals panel in

February, 2001, which ruled that the veterans were entitled to the lifetime

health care based on the military's promises.

 

In the opinion issued Tuesday the Court said that action taken this year

allows for free care in the future, but that the government is not obligated

to pick up the medical expenses incurred from 1995 to 2001.

 

" Because [the law] at most authorizes space available treatment and not free

health insurance for life, we hold that the Air Force Secretary lacked the

authority in the 1950s when plaintiffs joined to promise free and full

medical care, " the Court majority said.

 

The majority of judges, however, clearly seemed sympathetic to the veterans

against whom they ruled.

 

" We ... can do no more than hope Congress will make good on the promises

recruiters made in good faith to plaintiffs and others of the World War II

and Korean War era from 1941 to 1956 when Congress enacted its first health

care insurance act for military members, excluding older retirees, " the

court majority said.

 

In an emotional dissent four judges sided with the veterans.

 

" If Congress can appropriate billions for this aspect of national defense

and not know how it is accounted for, then God save the Republic. Of course

Congress knew; of course the service secretaries authorized promises in

return for service; of course these military officers served until

retirement in reliance, and of course there is a moral obligation to these

men, " read the dissent.

 

 

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§ - PULSE ON WORLD HEALTH CONSPIRACIES! §

 

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