Veterans for Common Sense v. Shinseki
2011 WL 5574937
| 9th Cir. | 2011Background
- Approximately 25 million veterans; VA health care and disability programs operate via VHA and VBA.
- PTSD and other mental health issues are prevalent among returning veterans, with delays in care and benefits processing.
- District court found significant, system-wide delays in mental health care and in processing PTSD-related disability claims.
- VA implemented Mental Health Strategic Plan and Feeley Memorandum, but delays persisted; no final agency action found.
- District court denied relief under APA for statutory claims but found due process violations, remanding for remedial procedural safeguards.
- This court reverses in part, holds due process violations, and remands for district court to fashion remedies addressing mental health care and benefits adjudication delays.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VA delays in mental health care implicate due process. | Veterans claim systemic delays violate due process. | Delays do not constitute a final agency action or discrete action. | Yes; due process violation established; remand for remedies. |
| Whether VA delay in benefits adjudication violates due process. | Delays harm veterans and violate due process. | APA review barred; no final agency action. | Yes; due process violation; remand for procedural safeguards. |
| Whether sovereign immunity is waived for constitutional challenges; and limits of §704 and §702. | §702 waiver extends to constitutional claims; not limited by §704. | Sovereign immunity bars relief. | Waiver exists; constitutional claims reviewable. |
| Whether VJRA precludes district court review of constitutional claims about VA systems. | VJRA does not bar systemic constitutional challenges. | VJRA precludes review of benefits-related questions. | VJRA does not bar; district court has jurisdiction to hear constitutional claims. |
Key Cases Cited
- Presbyterian Church (U.S.A.) v. United States, (870 F.2d 518) (9th Cir. 1989) (§702 waiver broader than APA actions; constitutional claims reviewable)
- Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55 (U.S. 2004) (limits §706(1) review to discrete agency actions; not to constitutional claims)
- Gallo Cattle Co. v. Department of Agriculture, 159 F.3d 1194 (9th Cir. 1998) (APA review limited to discrete agency action; immaterial here)
- Beamon v. Brown, 125 F.3d 965 (6th Cir. 1997) (§511 limits; review of VA rules is restricted; but not constitutional challenges)
- Preminger v. Principi, 422 F.3d 815 (9th Cir. 2005) (§502/502 review scope; ties to VA regulations)
- Nehmer v. Department of Veterans Affairs, 494 F.3d 846 (9th Cir. 2007) (VA regulations and orders; §502/§511 interpretations)
- Bates v. Nicholson, 398 F.3d 1355 (Fed. Cir. 2005) (§511(a) interpretation; final decisions; veterans claims)
- Wright v. Califano, 587 F.2d 345 (7th Cir. 1978) (delay in social security benefits; Mathews balancing)
- Walters v. National Association of Radiation Survivors, 473 U.S. 305 (1985) (informal/ nonadversarial benefits system; due process limits)