I am AGHAST at this......

[theoddz]

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.

[janecallanan]

Who voted how on this?

[kenmar]

Imagine what would happen to an average Joe Blow if he broke a contract like the government istrying to do....

_______________________________
FromAP news....

This 9-4 decision today was by the U.S. Court of Appeals for the Federal Circuit. The veterans have been on both the winning and losing sides of the case. A federal judge in Jacksonville, Fla., ruled against them in 1998. Then this past February, a three-judge panel of the appeals court ruled in their favor.

The veterans will seek a Supreme Court hearing, said their lawyer, George ``Bud'' Day, a retired Air Force colonel who was a prisoner of war in Vietnam, with Sen. John McCain, R-Ariz.

``We're not down,'' Day said by telephone from his Florida office. ``We have to fight.''

[kenmar]

The veterans received free benefits until 1995, when the Pentagon ended those benefits for veterans over 65 because they were eligible for Medicare. Many of them had to purchase supplemental policies, including Medicare Part B, to fill coverage gaps.

Even the judges in the majority acknowledged they were uncomfortable with the ruling, writing that they ``can do no more than hope Congress will make good on the promises made in good faith'' to soldiers entering the service between 1941 and 1956.

``We cannot readily imagine more sympathetic plaintiffs than the retired officers of the World War II and Korean War era involved in this case,'' Circuit Judge Paul R. Michel wrote for the majority.

The four dissenting judges expressed disdain for the government's actions.

``They were told, in effect, if you disrupt your family, if you work for low pay, if you endanger your life and limb, we will in turn guarantee lifetime health benefits,'' wrote Chief Circuit Judge Haldane Robert Mayer. ``There is no doubt that the government made an unambiguous offer.''

The two lead plaintiffs are Air Force and Navy veteran William Schism, who served from 1943 to 1979; and Robert Reinlie, who served in the Army and Air Force between 1942 and 1967. Both now live in Fort Walton Beach, Fla., along with their lawyer, Day.

Reinlie, who said he flew 30 missions as a B-17 navigator over Europe during World War II, said he spent about $15,000 of his own money for medical care during the years after coverage was withdrawn. Now 81, Reinlie said he was ``disappointed as all get out'' but also vowed the case would continue.

``We knew that no matter what the appeals court did, we were going to the Supreme Court,'' Reinlie said.

____________________________________________

The complete ruling should beon this link Wed or Thur...

http://www.fedcir.gov/dailylog.html

[JeffL]

This is really sad. And insulting. Every promise that was made to me when I enlisted in 1964 has been broken. It hurts me to say that I'm glad I got out after 4 years and didn't need to depend on my government's promise to take care of me and my family after I retired from the military service.

I would still fight and die for my country, but not for its government.

[sfc_darrel]

Jeff L

Well said!

[Boats]

It's the almighty dollar that is driving the decision making. What happening is that you have two huge agencies arguing over money allocations. Medicare being the largest and holding most of the cards and political support is winning out.

So it goes to show you that when you really need the care (like Jeff said) they won't be there to help you. I really find that sad.
At least when you go to the VA you've got brothers and sisters who did something for their country. They better come up with the new drug called "forever young" real soon.

Wasn't it Kennedy that said "Ask not what your country can do for you but what you can do for your country." I sure hope I got that right? See your country doesn't want to do a thing for you but you have you fight their wars and pay your Taxes and they don't have to do anything.

There something wrong with this picture? I feel that there is something in this statement that I really don't like. Now I liked Kennedy don't get me wrong and I've alway supported any President in office even though I didn't vote for them.

Ever notice how fast they can sure turn issues around - faster than I can make a buck.

So Guy's it looks as though we've been dealt another bad hand. There isn't really much that we can do about how the government courts other than vote all those who passed it out of office but that won't change the ruling.

Remember how young we once were? Today I look back it was almost like another life ago. All I can remember is being married and having kids to raise. Redundant lifecycle - get up go to work - come home - go bed and repeat day after day. I think I know how to describe a "rut" cause I must be in it.

Smile Guy's I'm bum'ed out from too many beer's yesterday and dealing with a major hangover! Gotta go to the VA @ 10:30 AM for test tomorrow - really looking forward to that little visit.

You all take care now - ya yere!