URGENT NOTICE to VETS and families, VA being sued!
Fri Mar 2, 2007 20:34

PLEASE, forward, repost, and distribute as widely as possible!

URGENT NOTICE to all Veterans and their families. VA being sued, come on board!

Has the Veterans Administration ever:

1) Made you wait a year or more to see a doctor,
2) Made you wait a year or more to gemedical treatment or testing,
3) Denied you PTSD evaluation or treatment,
4) Denied you herbicide exposure (Agent Orange, ect.) evaluation or treatment,
5) Denied you Traumatic Brain Injury evaluation or treatment,
6) Caused or assisted you to become/remain homeless due to denial of care or housing,
7) Denied you radiation exposure evaluation or treatment,
8) Refused to explore possible medical causes for your ills,
9) Denied you medical care of any sort,
10) Denied your service connected disability claim, stating anything similar to “no medical diagnosis”
11) Failed to refer you to a medical specialty provider for a specialty condition,
12) Treated you for a medical condition without recording an actual diagnosis,
13) Stated there was no medical diagnosis of your condition that they did or are treating you for,
14) Denied you the right to compensation for travel costs to VA appointments,
15) Denied you overnight lodging after you traveled a long distance to attend a scheduled appointment,
16) Lost any of your records – military, claim or VA medical,
17) Failed to exhaustively search for records of your military service or medical treatment,
18) Denied you some medication or treatment stating it was not “formulary” or available through the VA,
19) Denied – through an administrator - any medication or treatment your VA Primary Physician recommended,
20) Denied any medication or treatment through your VA Primary Physician as not available through the VA,
21) Cause you to become angry, depressed, bitter, or frustrated through any failure to properly attend medical issues,
22) Denied your access to the Board of Veterans Appeals by a local administrator closing your complaint,
23) Violated youreterans’ rights in any way?

Opportunity to be named as a member of the class.

Veterans Administration is being sued for:

Conspiratorial Deprivation of Civil Rights Under Color of Law
Intentional Infliction of Emotional Distress

Filed in the United States District Court for the District of Idaho, on March 1, 2007 at 11:48 AM, this case has not yet been assigned a case number.

Veterans need HUNDREDS if not THOUSANDS of Veterans and family members to sign on to this action to force it to remain live and to forceositive improvement into the VA!

It is necessary to swamp the court with Veterans’ demands to be added to this litigation in order to deprive this court of the option of “sweeping this issue under the rug.” Any Veteran or any family member of a Veteran who has been negatively effected emotionally by VA failures or refusals to properly treat the Veteran can become a class member of this litigation.

To add yourself as a member of the class and claim a portion of any resulting damages awarded – there is no filing fee for this – send the following letter to Cameron Burke, USDC Court Clerk, 550 W. fort St., MSC 042, Boise, ID 83724.

“Cameron Burke, Court Clerk:

I wish to be added – as a member of the named class – to the litigation Gary Kendall v US Dept. of Veterans Affairs, Et Al filed on Thursday, March 1, 2007 at approximately 11:48 AM.

I am reserving the right to amend the respondents listing and the original complaint as the specifics of my complaints are more fully developed during discovery or hearing.”

Be sure to gain a notarization of your signature, keep a copy for your own files, and email Gary Kendall at gary001ok@yahoo.com.

You will be added to the update list and kept appraised of the progress of this litigation.

As Veterans demanding improvement changes within the VA that recognizes our honorable service to this nation – and more importantly will force the VA to properly treat our fellow future Veterans, we all have this opportunity to respond within the next thirty days and move this issue into a class action with several hundred or over a thousand named Veterans as members of the class.

It is time that we showed the VA and the US Congress that we will settle for nothing less from the VA than 100 percent fast, friendly, fulfillment of Veterans’ Congressionally mandated rights!

Will you join your voice to this demand?

Gary Kendall, USAF Sgt. Vietnam Era, disabled Veteran, Veterans’ Rights activist




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