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In what is sure to be a major disappointment to veterans groups and California veterans’ benefits lawyers, a federal appeals court has gone back on an earlier ruling calling for a major improvement to mental health services for veterans returning from combat. The Ninth Circuit Court of Appeals has ordered a rehearing of the case, and has withdrawn an earlier opinion that called for an overhaul of these services.

in May, the three-judge panel had sharply criticized the Department of Veterans Affairs for its failure to provide for injured veterans. The case was related to a lawsuit filed by two nonprofit organizations, Veterans United for Truth Inc. and Veterans for Common Sense. The lawsuit filed in 2007 alleged that the Department of Veterans Affairs has been shamefully negligent in its duty to take care of wounded veterans.

A district court in California dismissed those claims, ruling that the court lacked the legal authority to meddle in the agency's matters. However, a three-judge panel of the Ninth Circuit Court of Appeals reversed the lower court's order, citing the Department of Veterans Affairs’ incompetence and egregious problems in addressing the mental health concerns of veterans. According to the ruling, the failure by the Department of Veterans Affairs to address these issues violated the Constitution by infringing on veterans’ rights.

That ruling had been welcomed by California veterans benefits lawyers, because it finally looked like the legal system was going to step in to protect veterans’ rights to proper mental care services after their return from combat. However, this week, the Ninth Circuit reconsidered its decision. The court reversed its position, calling for a rehearing of the case. The new hearing has been scheduled for December 12.

It hasn't been a secret to California veterans’ benefits lawyers that veterans with mental health problems who need access to professional care, have to wait far too long for such services. A new analysis by USA Today shows just how serious the problem is. The analysis shows that veterans who seek mental health care services at approximately 1/3rd of hospitals run by the Department of Veterans’ Affairs must wait longer than the 14 days goal set by the Veterans Administration.

According to a survey by the Government Accountability Office, the number of veterans returning from combat and requiring mental health care services has increased from nearly 900,000 in 2006, to 1.2 million in 2010. The number of veterans in therapy has increased from 35,000 in 2006 to 139,000 last year. While Veterans Affairs has increased its mental-health care staffing during this period of time, the increase hasn’t been nearly enough to deal with the spike in veterans who need psychological help or counseling.

Veterans Affairs continues to insist that barely 5% of patients are forced to wait too long for consultations and counseling sessions with psychiatrists and psychologists. However, the USA Today study indicates that that is probably not true. In fact, doctors have been voicing their concerns about the lack of resources at Veterans Affairs hospitals to deal with the psychological problems facing veterans returning from combat. These hospitals do not have the staffing necessary to deal with the large number of veterans with mental health issues. On an average, it takes a veteran between three and six weeks to begin mental-health treatment.

The Department of Veterans Affairs also struggles with inadequate monitoring of veterans with mental health issues. The agency currently functions with a 25-year-old scheduling system that is outdated, and unable to cope with the increased demand for services.