Veterans’ Group, Lawyers Team to Help Soldiers

June 6, 2007 – WASHINGTON – The nation‘s largest organization of disabled veterans is convinced that injured troops are being shortchanged on disability benefits and have hired lawyers to help them.

The Disabled American Veterans is teaming up with three major law firms. It says that injured troops — many of them returning from Iraq and Afghanistan — are getting only a fraction of the government benefits they are entitled to under federal law.

Ronald L. Smith, deputy general counsel for DAV, said the Pentagon has been responsive in correcting problems of mold, peeling paint and cockroaches in outpatient rooms following reports earlier this year of shoddy treatment at Walter Reed Army Medical Center.

A preliminary review by Scott‘s group of Pentagon and Veterans Affairs data found the Army was much more likely than the other active forces to assign a disability rating of less than 30 percent — the typical cutoff — to determine whether a person can get lifetime retirement payments and health care.

The three law firms — King & Spalding, Foley & Lardner and LeBoeuf, Lamb, Greene & MacRae — will begin to provide lawyers free of charge to patients at Walter Reed, which typically hears 80 cases a month.

Depending on response, the effort may be expanded to military hospitals elsewhere, with lawsuits filed to force compliance with federal law, which requires that the “benefit of the doubt” be given to veterans in disability claims.

“Whatever our view is on current conflicts in the world, whether Iraq or Afghanistan, injured soldiers should receive the level of service that they have given us,” said Steven Lambert, who chairs the pro bono committee in Foley & Lardner‘s Washington office.

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Veterans’ Shelter Foes to Appeal

June 6, 2007 – Compassion House has never made it to the Board of Supervisors’ agenda but the county has heard about issues surrounding the shelter for the past two months.

Mark and Yolonda Deane of Deane Outreach Ministry decided to convert their $625,000 home in Brandy Station [Virginia] into a homeless shelter for veterans.

The house on Gravel Road now has five veterans living in it: the maximum allowed by county ordinances for a single family home.

Last month, 43 residents of three Brandy Station neighborhoods signed a petition opposing the house and presented their concerns before the board.

They now plan to appeal to the Board of Zoning Appeals regarding the county’s decision to treat the shelter as a single family home.

Neighbors argue the shelter violates county zoning ordinances and is inappropriate, being 10 miles from public transportation and services.

Some worry veterans might have mental health conditions, chemical dependencies or criminal histories.

At Tuesday night’s meeting about 30 people attended, this time, to extend their support to Compassion House and the Deanes’ ministry. They urged the board to support it and uphold county laws as is.

Mike Whetston, an Army veteran, referred to Compassion House as a veteran transition facility rather than a shelter.

He noted neighbor concerns are valid but their complaints are not because no laws have been broken. He also reminded the board that the Deanes check their residents’ backgrounds and conduct random drug testing.

The five veterans living in the house attended Tuesday’s meeting. Most are working or looking for work and plan on living in the house until they can raise enough money to move out and start their lives over.

In previous articles, they have said they are only there due to unfortunate circumstances or bad choices.

“But the defamatory claims by neighbors that residents have psychiatric problems are unfounded and border on slander,” Whetston said. “These veterans seek a better life than the one they’re living.”

Cindy Kokernak, of the American Legion, echoed Whetston.  “No one ever asked to be homeless,” she said. “These are very proud men. They only took help that was offered to them.”

Yolonda Deane said she wants the community to feel welcome at Compassion House. However, some neighbors have resorted to photographing their property and gawking at the veterans living there, she said.

If neighbors in opposition attended the meeting, none spoke during the hearing.

Chairman John Coates cut off citizens at 7:30 p.m. to conduct county business on the agenda.

Yolonda Deane hopes Compassion House can help end homelessness, if anything, by serving as a kickoff for affordable housing opportunities in Culpeper. She also hopes the community will support the veterans who live there and the mission of Compassion House.

“These are men who served their country,” she said. “They are not addicted to chemicals. They are just men who are disabled or on disability money. I feel like people are closing their hearts and their minds to the veterans.”

Liz Mitchell can be reached at 825-0771 ext. 110 or emitchell@starexponent.com.

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Equipment Levels Worst Ever, Guard Chief Says

June 6, 2007 – ANCHORAGE, Alaska — About half of all National Guard equipment is being used in the Middle East, and the Guard’s senior uniformed officer said Tuesday that could hurt the organization’s overall readiness at home.

National Guard units have 53 percent of the equipment they need to handle state emergencies, said Lt. General H. Steven Blum. It falls to 49 percent once Guard equipment needed for war — such as weapons — is factored in, he said.

“Our problem right now is that our equipment is at an all-time low,” he said at a news conference after addressing 54 National Guard commanders from every state and territory attending the annual Adjutants General Association meeting here.

“We have the most skilled, trained and full forces we’ve ever had, but our equipment is not where it needs to be,” he said.

The lack of equipment was highlighted last month after a tornado leveled the town of Greensburg, Kan., leading Kansas Gov. Kathleen Sebelius to say the recovery process could take longer because so much of that state’s National Guard equipment had been sent for the war effort in Iraq.

Since then, other governors have also expressed doubts their state units would be able to adequately handle disasters because so many troops and equipment have been deployed. California Gov. Arnold Schwarzenegger also complained that his state’s National Guard equipment remained in Iraq after those troops returned home.

Blum said the equipment problem is the result of long-term strategy of assuming risk by underequipping — and underfunding — the Guard.

“Now that the Guard is no longer merely a strategic reserve but an operational force overseas and here at home, that strategy is being seriously re-examined,” he said. “I think at the highest levels of government, there is support for getting us this equipment.”

The equipment issue is the easiest problem to solve, Blum said. It is now just a matter of funding it.

He said Guard units nationwide need new trucks, Humvees and modern aircraft, not only to replace what has been sent to Iraq or Afghanistan but also to replace outdated equipment.

Current funding projections will get the National Guard 75 percent of what it needs by 2013, he said. Blum estimated it would take an additional $40 billion over the next five to six years to get the overall force to 100 percent.

Current plans call for the old equipment to be removed from service by 2009.

Blum also said Guard deployment numbers are back down to an acceptable level. The most deployed Guard force ever was Idaho, Blum said, which peaked several years ago with 82 percent of its force deployed. He said the numbers are now where they need to be and that he is not seeking a further reduction in the frequency with which Guard units are deployed.

Connecticut and Guam now have the highest percentage of deployed Guard troops, with 24 percent. New Mexico’s Guard has the least, with none currently deployed, according to Guard statistics. The national average for the percentage of deployed troops is 11 percent, according to Guard officials.

Blum, who was appointed by President Bush, serves as chief of the National Guard Bureau in Arlington, Va. He advises Army and Air Force officials on issues dealing with the National Guard. Blum served as chief of staff of U.S. Northern Command before his current role.

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Poor Relationship of Buyer, Filner May Impede Work of Veterans’ Committee

June 6, 2007 – House Veterans Affairs Committee Chairman Bob Filner (D-Calif.) and the senior Republican on the panel, Rep. Steve Buyer (Ind.), despise each other. Their relationship is so frayed that lawmakers and veterans’ interest groups say it could interfere with the committee’s work.

Lawmakers from both parties have said they find it difficult to attend committee meetings and hearings because Filner and Buyer’s interactions are so tense. It has even made it difficult for some Democratic lawmakers, who might agree with Buyer, to listen to his ideas.

“I’ve never seen anything like it in my professional life. It’s just fierce,” one Democratic lawmaker said. “It’s interfered with the agenda and dampens the spirit of those in the room.”

“The relationship between the two is very strained, and that comes out during the meetings and hearings,” the legislative director of Disabled Veterans of America, Joe Violante, said.

The tension between the two men has built over the years, starting when they both began serving on the Veterans Affairs panel upon arriving in Congress in 1992. The relationship became irreparably damaged after Democrats lost control of Congress in 1995. The committee became much more partisan and Buyer and Filner led the charge for their parties’ agendas, according to veterans’ advocates.   

Rep. Chris Smith (R-N.J.), chairman from 2001 to 2004, was able to reduce the level of partisan strife. But after GOP leaders sacked Smith for defying GOP spending limits and elevated Buyer to chairman, the partisanship resumed.

Filner has a reputation for outbursts. Last year, he cursed at a Department of Veterans Affairs spokesman during a news conference on a stolen VA laptop that contained data on millions of veterans. Filner had to fight for the chairmanship; the previous chairman, former Rep. Lane Evans (D-Ill.), backed Rep. Mike Michaud (D-Maine). Filner reassured the House Democratic Caucus that he would do more leading and less Molotov cocktail-throwing; he won a 112-69 vote to become the chairman.

By many accounts, Filner has lived up to his word.

“Filner has stuck to what he’s said,” the legislative director for the Veterans of Foreign Wars, Dennis Cullinan, said. “There have been any number of opportunities where he could have lost his temper.”

Buyer, who served as an Army lawyer during the Gulf War, also is known for being edgy and aggressive. Upon losing the gavel, he immediately criticized Filner’s leadership, including the speed with which he organized the committee.
Buyer declined to comment for this story.

With the Democrats back in control, Filner said Buyer is “in denial,” adding, “He’s not talked to me in a collegial way. He makes demands and goes to the press.”

The most recent eruption between the two men occurred two weeks ago over whether to rename a medical center in Albuquerque, N.M., after a Korean War hero. Raymond G. Murphy, who died in April, won the Medal of Honor in the Korean War and worked for the Veterans Affairs Department in Albuquerque for 23 years.

Congress can rename a VA facility if the honoree meets certain requirements. In this case, New Mexico’s congressional delegation and Gov. Bill Richardson (D) support the change.

Filner said Buyer has tried to circumvent the regular process to help Rep. Heather Wilson (N.M.), a vulnerable Republican who survived a stiff challenge from Democrats in last year’s midterm election.

“It’s a very cynical use of a war hero for political ends. They want to help Wilson,” Filner said.

On the House floor last month, Buyer challenged Filner to offer a bill to rename the VA facility on the suspension calendar, where it would need a two-thirds majority to pass. Filner ignored Buyer, who voiced his frustration.

“The American public gets to see the abuse that I have to deal with,” Buyer said on the House floor.

The House GOP Conference criticized Democrats in a press release entitled “House Dems Won’t Pass Bill Naming Veterans Hospital After Medal of Honor Recipient.”

Buyer has tried to stymie Filner’s use of procedural measures. Earlier this year, Buyer attempted to attach a veterans’ funding amendment to a bill that would affect the Small Business Administration. The Rules Committee told Buyer his amendment was not germane. He proceeded to try to rally the veterans’ service organizations to support a motion to recommit. In the end, Buyer never got his vote and the SBA bill passed.

“It gets testy and uncomfortable for everyone else,” the legislative director of the American Legion, Steve Robertson, said. “When the day is done, the negotiations take place behind closed doors. I see they’re reaching consensus.”

All of the veterans’ pressure groups praised Filner’s management, giving him credit for the level of oversight and number of bills passed. Still, all agreed it would be better for veterans if Filner and Buyer could get along. 

“I wish both would bury the hatchet,” Violante said, “and get on with taking care of veterans.”

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Gonzales Says Constitution Doesn’t Guarantee Habeas Corpus

Attorney General’s remarks on citizens’ right astound the chair of Senate judiciary panel.

January 24, 2007 – One of the Bush administration’s most far-reaching assertions of government power was revealed quietly last week when Attorney General Alberto Gonzales testified that habeas corpus — the right to go to federal court and challenge one’s imprisonment — is not protected by the Constitution.

“The Constitution doesn’t say every individual in the United States or every citizen is hereby granted or assured the right of habeas,” Gonzales told Sen. Arlen Specter, R-Pa., during a Senate Judiciary Committee hearing Jan. 17.

Gonzales acknowledged that the Constitution declares “habeas corpus shall not be suspended unless … in cases of rebellion or invasion the public safety may require it.” But he insisted that “there is no express grant of habeas in the Constitution.”

Specter was incredulous, asking how the Constitution could bar the suspension of a right that didn’t exist — a right, he noted, that was first recognized in medieval England as a shield against the king’s power to dispatch troublesome subjects to royal dungeons.

Later in the hearing, Gonzales described habeas corpus as “one of our most cherished rights” and noted that Congress had protected that right in the 1789 law that established the federal court system. But he never budged from his position on the absence of constitutional protection — a position that seemingly would leave Congress free to reduce habeas corpus rights or repeal them altogether.

Gonzales did not propose any such drastic rollback and devoted most of his discussion to fending off senatorial attacks on a law signed by President Bush last October. That law included a provision stripping federal courts of authority to hear habeas corpus suits by noncitizens classified by the government as “enemy combatants.” Specter and Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, are sponsoring legislation to undo the restriction.

But critics on both ends of the ideological spectrum said the attorney general was claiming a broader and more chilling power.

“This is the key protection that people have if they’re held in violation of the law,” said Erwin Chemerinsky, a Duke University law professor who has criticized the administration’s actions on civil liberties. “If there’s no habeas corpus, and if the government wants to pick you or me off the street and hold us indefinitely, how do we get our release?”

Chemerinsky was joined by Douglas Kmiec, a Pepperdine University law professor and former Justice Department official under Presidents Ronald Reagan and George H.W. Bush.

If Gonzales’ view prevailed, Kmiec said, “one of the basic protections of human liberty against the powers of the state would be embarrassingly absent from our constitutional system.”

Justice Department spokesman Brian Roehrkasse said this week that Gonzales stood by his remarks but was asserting only that the text of the Constitution does not guarantee habeas corpus. The attorney general recognizes, Roehrkasse said, that the Supreme Court has declared “the Constitution protects (habeas corpus) as it existed at common law” in England. Any such rights, he added, would not apply to foreigners held as enemy combatants.

Habeas corpus was recognized in English law at least as early as the Magna Carta, in 1215, and perhaps earlier. In the United States, it refers to bringing a prisoner’s case before a federal judge, who has the power to order the government to release anyone who is being held illegally.

It has become an issue in Bush’s efforts to hold military captives at the U.S. naval base in Guantanamo Bay, Cuba, with little or no access to civilian courts. The Supreme Court ruled in 2004 that that those prisoners could file habeas corpus claims in court, rejecting the administration’s argument that inmates held outside the United States had no such right. That ruling was based on the court’s interpretation of laws passed by Congress and did not discuss whether Guantanamo inmates had a constitutional right to habeas corpus.

The distinction is potentially crucial, because Congress, in the law signed last October, prohibited federal courts from reviewing habeas corpus suits by Guantanamo prisoners or any other noncitizens held as enemy combatants. The law’s validity depends on whether the Supreme Court concludes that the prisoners’ constitutional rights are being violated.

The issue of habeas corpus came up during last week’s hearing when Specter asked Gonzales how a congressional statute could withdraw the right “when there’s an express constitutional provision that it can’t be suspended and an explicit Supreme Court holding that it applies to Guantanamo alien detainees?”

The court ruled only on the right to habeas corpus that was created by statute, Gonzales replied. He then asserted that the Constitution does not contain any express right of habeas corpus, only “a prohibition against taking it away.”

The issue extends far beyond Guantanamo.

The Supreme Court has interpreted federal judges’ powers of habeas corpus to apply to prison systems around the nation and the legality of convictions in state as well as federal court.

For example, federal judges, who are appointed for life, regularly invoke habeas corpus when overturning convictions or death sentences of state inmates, overruling decisions by elected state judges.

Bruce Fein, a former Reagan Justice Department attorney who has become an outspoken critic of the Bush administration, noted that the day before his Judiciary Committee appearance, Gonzales had denounced “activist judges” and advised them to stay out of national security matters.

Gonzales’ comments to the committee on habeas corpus, Fein said, contained a message that “Congress doesn’t have to let them (judges) decide national security matters.”

“It’s part of an attempt to create the idea that during conflicts, the three branches of government collapse into one, and it is the president,” Fein said.

——————————————————————————

What Gonzales, Specter said:

Excerpts from the exchange between Attorney General Alberto Gonzales and Sen. Arlen Specter, R-Pa., at a Senate Judiciary Committee hearing Jan. 17:

Gonzales: There is no express grant of habeas in the Constitution. There’s a prohibition against taking it away. …

Specter: Wait a minute. Wait a minute. The Constitution says you can’t take it away except in cases of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus unless there’s an invasion or rebellion?

Gonzales: I meant by that comment, the Constitution doesn’t say every individual in the United States or every citizen is hereby granted or assured the right to habeas. Doesn’t say that. It simply says the right of habeas corpus shall not be suspended except…

Specter: You may be treading on your interdiction and violating common sense, Mr. Attorney General.

Source: Senate Judiciary Committee transcript

E-mail Bob Egelko at begelko@sfchronicle.com.

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Panel OKs Bill for Guantanamo Detainees

June 7, 2007 – A bill that would allow terrorism suspects access to federal courts to challenge their imprisonment at Guantanamo Bay, Cuba, was approved by the Senate Judiciary Committee on Thursday.

The committee, on an 11-8 vote, advanced a bill that would allow those prisoners, as well as millions of legal non-citizens inside the United States, to protest detentions through a writ of habeas corpus.

All of the committee’s Democrats and Pennsylvania Sen. Arlen Specter, the committee’s top Republican, voted for the legislation. The rest of the GOP senators voted against it.

Congress, while under GOP control last year, stripped federal courts of jurisdiction over Guantanamo cases. As a result, detainees only had recourse to challenge their imprisonment through special military tribunals that omitted rights common in civil courts.

Administration officials and most Republicans say they do not think dangerous terror suspects should have access to federal courts or other rights granted to U.S. citizens under the Constitution.

But Democrats and Specter say a person’s right to file a special legal petition to protest detention, known as a writ of habeas corpus, is considered a fundamental right in civilized society. Eliminating that right would undermine the nation’s reputation abroad, they said.

The bill passed without debate.

”The great history of our nation is built on having judicial review, on having openness, and we should not out of fear or indifference or whatever turn our back on that great history,” said Judiciary Chairman Patrick Leahy, D-Vt.

The legislation is expected to be offered later this month as an amendment to the Senate’s $649 billion defense authorization bill for 2008. The defense policy bill already includes several provisions aimed at expanding the legal protections of detainees.

”Whatever long term counterterrorism strategy America pursues will be undermined if we fail to adhere to our longstanding American values,” said Sen. Russ Feingold, D-Wis.

——

The bill is S.185

Senate Judiciary Committee: http://judiciary.senate.gov

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At U.S. Military Hospitals, ‘Everybody is Overworked’

June 4, 2007 – FORT STEWART, Ga. — Winn Army Community Hospital has a baby boom it cannot handle.

Mothers and children and stroller pack the pediatrics department, another hassle after long waits for hard-to-get appointments. The problems don’t stop there. From gynecology to internal medicine, this hospital on the grounds of Fort Stewart, the biggest Army base in the South, is overwhelmed. Too many patients are demanding too many services from a medical facility with too few doctors and too little space.

Military families complain they can’t get in to see a doctor. The hospital’s top commander points to a lack of money and staff to meet basic needs. And everyone involved agonizes about whether the problems can be fixed any time soon.

The Army’s acting surgeon general says the situation here illustrates the challenge the service faces nationwide in keeping health care promises that were made to soldiers when they enlisted. Months after the problems revealed at Walter Reed Army Medical Center caused a massive shake-up throughout the military’s system of care, the service is struggling to find enough doctors and nurses to care for troops and their families.

“If you’re sending someone off into harm’s way, if you’re asking them to do the nation’s business, you need to take care of them,” says Col. Scott Goodrich, Winn’s commander. “Whenever we can’t provide the care we need to a soldier, that’s very, very painful to me.”

The Army operates 36 medical facilities worldwide. For the past two years, more than half have failed to meet Pentagon standards for providing a doctor within seven days for routine medical care. And the Army has been forced to spend more money sending military families to doctors in nearby communities. Payments for outside referrals have jumped from $200 million in 2000 to nearly $1 billion last year, records show. Outpatient care accounts for 70{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of those costs. Go through doctortoyou.com.au for more information.

Here at Fort Stewart, home of the 3rd Infantry Division, Winn Community Hospital is among the worst in terms of access to routine medical care. Other problem facilities, according to Army statistics, include Walter Reed, the Army’s premier hospital; Fort Hood, Texas, the Army’s largest base; Fort Campbell, Ky., home of the 101st Airborne Division; Fort Jackson, S.C., a training facility; and Fort Riley, Kan., home of the 1st Infantry Division.

Maj. Gen. Gale Pollock, the Army’s acting surgeon general, says the Army’s entire health system has trouble providing care quickly enough. Pollock visited Fort Stewart in April and calls the situation at Winn “not acceptable.”

Goodrich and Pollock say the reasons for the problems include: the demand for doctors in Iraq; a shortage of Reserve caregivers, and a cumbersome government process for hiring civilian replacements.

Such challenges are not solved easily.

The Army has 4,170 doctors, about 180 shy of what it says it needs. Pollock says she hopes the Pentagon’s plans to expand the Army to 547,000 members — an increase of 65,000 — will provide the doctors that military families need. Last year, Congress approved paying bonuses up to $400,000 for medical officers with critical wartime specialties if they agree to remain on active duty for four years.

“It takes a while to recruit them, to develop them as professionals,” Pollock says. “(But) now that we are growing the Army I’m optimistic I’m going to be allowed to grow the Army medical department staff so that we can start to address some of these issues.”

Goodrich points to a more immediate problem: the conflicting demands for limited funds. “(The Pentagon) says you’re authorized this many people. It’s not enough,” Goodrich says of his staffing. “There’s only so many dollars. If you’ve got a war, you need equipment, you need soldiers, you need body armor. If I had more money, I’d buy more doctors.”

‘It was good, it really was’

Care at Winn was excellent a few years ago, families say. “It was good, it really was,” says Gloria Smith, 50, wife of retired Master Sgt. Anthony Smith. “Since the deployment started, everybody is overworked.”

Many families share that view:

•Sgt. Joseph Waterman returned from Iraq in October 2005 with ribs and vertebrae broken in a roadside explosion. The hospital did not have enough doctors or therapists to help him.

So each week his wife, Mary, drove him three hours to Augusta, Ga., for therapy at Eisenhower Army Medical Center. That required taking their three children, including two who had to miss school, and paying $69-a-night hotel bills the Army was slow to reimburse.

“It was breaking us,” says Mary Waterman, 31. “He was hurt (in Iraq), so I thought they would go out of their way to take care of him.”

Early last year, Joseph Waterman’s case manager at Winn allowed him to finish his therapy at a private facility in Savannah, Ga., a 45-minute drive from Fort Stewart.

•Warrant Officer Dan Howison and his wife, Kathryn, wanted to have a second child before he went back to war. Kathryn Howison, 29, says the family care doctors at Winn were slow to see her and slow to refer her to the hospital’s gynecology department.

“They’d say, ‘I’m sorry we don’t have any appointments this month, call back next month,’ ” she says. “And you’re like, ‘What? You know I have a limited time here where I can try to have this baby. You guys got to get me in there!’ “

After nearly a year of delays, Kathryn was sent to a private fertility clinic in Savannah, where hormonal treatments led to conception last year. The Howisons’ daughter, Piper, was born last week. Dan Howison will head to Iraq this summer.

•Amy Lambert, 40, a mother of three whose husband is being deployed to Iraq in two to three months, says Winn doesn’t have enough staff members to follow up with patients after office visits.

“You have to be the one who pesters them and calls them,” she says. “If you say, ‘Fine, I’m tired of dealing with this,’ that’s what they’re hoping for.”

Patient complaints rise

Linda King, a hospital patient representative since 1990, says there are more complaints than ever. Complaints filed with the hospital hit a record 616 in March, four times as many as March 2006. Three out of four were about access to care or service delays.

Soldiers and families from closed bases have moved to Fort Stewart, adding to the number of those eligible for care at Winn. The potential patient population has swollen 40{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} to 74,000 since the facility opened in 1983, officials say.

The hospital’s emergency room often has only one doctor on duty and strains to handle the demand, receiving 70 to 110 patients per day. Visits jumped to 36,000 last year, up from 30,000 in 2005.

Hospital data show most of those seeking care should not be there in the first place because they are not emergency cases. Seventy-five percent of ER visits in March were for issues such as flu symptoms, chronic pains or prescription fills — matters the hospital’s family doctors should handle, but are too busy or short-staffed to take on.

“They (patients) say, ‘I’ve been trying to get an appointment for two weeks and I’m tired of waiting, I just need to see somebody,’ ” says Maj. Chad Marley, chief of Winn’s emergency room. “Although it makes our job difficult at times, I take some pride in the fact that I’m the only place in the hospital that doesn’t say, ‘No.’ “

Carol Reynolds, 39, the wife of a deployed lieutenant colonel, says she had to change her doctor four times in four years. Goodrich says continuity of care at Stewart is “non-existent.”

And while out-patient services are strapped for space, in-patient rooms are empty because of the shortage of doctors and nurses. Winn is listed as a 112-bed facility, but it can staff only 91 in a major emergency and 40-45 beds routinely, Goodrich says.

Overall, the hospital’s annual budget has nearly doubled since 2001 to $72 million. That’s still nearly $10 million shy of expenses.

Reconfiguration and expansion of the hospital could help ease overcrowding and improve access to care, Goodrich says.

A 2006 Winn hospital Master Plan calls for seven new expansion projects to add 45,000 square feet and renovate another 74,500 square feet of space. Only one project has been approved by the Pentagon, however, and it is delayed until 2013, budget records show.

“Build me a bigger hospital, I’ll take care of more,” Goodrich says.

Hopes for improvement

The situation adds to the stress for family members of soldiers fighting in Iraq or Afghanistan, says Col. Todd Buchs, the Fort Stewart base commander.

“If you look at the average life of a military spouse, it’s a stressful life,” Buchs says. “You’re raising your children with basically a single-parent family. Throw one more stressor on them — being frustrated with the hospital — it just makes your life more frustrating.”

One solution would be to send more patients to see doctors in nearby communities.

However, fewer private doctors want to accept military patients. Some doctors shun Tricare, the military insurance program, which pays the same modest rates as Medicare.

Other doctors only accept military patients if they can prescribe whatever medical treatments they deem necessary, which often conflicts with Army physicians who may prefer more limited procedures, Goodrich says.

Goodrich says he believes Winn is about to get better. With much of the 3rd Division gone to Iraq and some new doctors hired, Goodrich says he can improve access to care and take the pressure off the ER.

Buchs says he hopes the changes work. Families “don’t expect people to feel sorry for them,” he says. “All they want is to be treated with the appropriate care that we can give them because of the sacrifices they are making.”

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An Iraq War Veteran’s Extreme Road Back

June 5, 2007 – Brett Miller leaned over his mountain bike’s handlebars and took in the breathtaking view as the wind whipped across the grassy ridgeline. Beneath him was an adrenaline junkie’s dream: a narrow dirt trail with steep descents, hairpin turns and unexpected bumps.

The extreme sport of downhill mountain biking is not for the faint of heart. And common sense says it shouldn’t be for Miller.

He suffered a traumatic brain injury nearly two years ago in Iraq when a roadside bomb exploded next to his Humvee. The blast cost him the sight in his right eye, hearing in his right ear and half the strength on his left side, and it left Miller with a memory so poor that he could not recall much of this serpentine course even though he had made several practice runs.

“I have a constant battle with equilibrium, depth perception and balance – basically all the things you need for this sport,” Miller said while adjusting his racing helmet. “But it doesn’t matter how I finish. What matters is that I’m trying.”

Moments later it was his turn in the starting chute of the Corral Hollow Downhill, held in the rugged backcountry between Livermore and Tracy, and he launched himself down a rocky path that looked more like a rainwater gully.

It was in this exhilarating sport that Miller began to find purpose in a life inexorably changed by war. And he discovered something else: healing.

Miller has been treated at Bay Area Veterans Affairs medical centers since October, and he won the grudging approval of the staff to try mountain biking after it concluded the risks were outweighed by the therapeutic benefits.

The journey of recovery is different for every wounded man and woman who returns home searching to reclaim, or adjust to, what was lost. The path for Miller, who will receive a Purple Heart medal today, has become a winding race course.

Heading into danger

Sgt. Brett Miller of the Oregon National Guard is 32. His salt-and-pepper hair is cropped short, military-style. He plays the guitar and is handy with tools. He has an easygoing personality accented with self-deprecating humor.

He jokes that he’s so slow on his bike that “I should get a bell for my handlebars. You know, `ring, ring.’ Or maybe I could put on a basket.”

His personable manner also makes it difficult to discern, in casual conversation, that he suffered a devastating brain injury. But Miller said he feels lost without gadgets such as his SUV’s navigational system or the handheld computer he carries to keep track of his schedule and phone numbers.

“I’ve been told that I hide my problems well,” Miller said recently at the Veterans Affairs hospital in Palo Alto during a break between group counseling sessions. “But it sucks that I’m dependent on devices.”

A native of the Sacramento-Lake Tahoe area, Miller had always been independent. “He was as sharp as a tack,” Miller’s father, Mitch, said. “He was really super-bright and could remember minute details. He’s one of those people who could have done anything that he chose to in life and excelled at it.”

With a master’s degree in wildland fire science, Miller taught college courses in firefighting during the winter and battled blazes for the U.S. Forest Service in the summer. He led an elite 20-person “Hot Shot” crew into often-perilous situations.

Miller, who joined the National Guard in 1998, found more danger in Northern Iraq.

On Aug.11, 2005, he was in the passenger seat of the lead Humvee providing security for a convoy. A buried homemade bomb consisting of three artillery shells detonated six feet from his door. Miller remembers a sharp pain in his right ear and nothing else. Only after he was transported to Landstuhl Regional Medical Center in Germany did he begin to comprehend that he had been seriously wounded.

Some injuries were obvious: his lost sight and hearing deficit, a badly injured knee, a broken nose and nine fractured teeth.

But other problems were harder to diagnose.

The hidden stuff

Traumatic brain injury, or TBI, has become the signature wound of the fighting in Iraq and Afghanistan because of the blast force of improvised explosive devices, the insurgents’ weapon of choice. As of March, the Defense and Veterans Brain Injury Center estimated, 2,130 U.S. military personnel had suffered TBIs, with 30 percent of them deemed moderate to severe.

But officials at Palo Alto’s polytrauma center, one of four VA facilities that treat TBI patients, believe the number of undiagnosed cases is much greater.

For a year after his injury, Miller was in that category.

His health improved only marginally in military hospitals. Miller recalls being at Walter Reed Army Medical Center, in Washington, for a month and never getting into a room; he was kept in a hallway. Later transferred to Madigan Army Medical Center in Tacoma, Wash., Miller believed his doctors were missing something.

“There are so many people in the military hospitals that they really just try to push you through,” Miller said. “You feel like cattle. I was one of those soldiers who fell through the cracks. The military is quick to treat the physical injuries. But they need to brush up on the hidden stuff.”

It was only when he persuaded his case manager to have him tested for neurological problems, last September, that the extent of his brain injury was revealed. When he arrived at the Palo Alto VA, he needed canes to walk, his speech was impaired, his cognitive processing was slow and he had lost about 35 pounds.

But Miller said the difference between his VA treatment and what he received in military hospitals was like “night and day.” The polytrauma center’s program has teams of therapists who work with brain-injured patients for hours each day.

“At Thanksgiving, he came home for a visit and he still was a mess,” said Mitch Miller, who lives in the Sierra town of Pollock Pines. “His knee was so banged up that he could hardly walk. He couldn’t see well. His hearing was poor. But the VA has given him new life. The difference in Brett is just incredible.”

As Miller regained use of his body and mind, he also pondered what would be next for him now that his careers were over. “I was in a hospital bed for a year trying to figure out what I could do that would make me as happy or fulfilled,” he said. “I didn’t have a goal.”

Then he decided on a simple one. He wanted to ride a bike.

VA staff’s quandary

The first time he “rode,” Miller essentially walked his bike because he couldn’t get on the seat. He worked up to making slow turns in a parking lot and then riding on flat trails.

“I had the feeling of the wind is blowing in my face,” he said. “That might seem small, but when you can’t do something for so long, it gives you a sense of freedom.”

He went searching for a bigger challenge. Miller struck up a friendship with Javier Bustamante, a Sacramento County deputy sheriff who was advertising one of his downhill mountain bikes. Bustamante agreed to sell it to Miller, but he had a logical question: Do your doctors know about this?

For the hospital staff, Miller’s determination posed a quandary. VA doctors and therapists prefer to motivate patients to do more, not tell them what they cannot do. And many of the young military personnel they treat are risk-takers by nature.

Yet if Miller fell and hit his head, more serious brain damage was possible.

“What Brett does is kind of scary,” said Dr. Elaine Date, head of the Palo Alto’s polytrauma center. “But when you’re in the rehabilitation field, you always have to balance medical safeness with what the patient has a passion for. He just lit up when he realized what he could do on a mountain bike with guide from Motorbike Sport. It would have burst his balloon if I told him that he couldn’t do this.”

Mountain biking was becoming an extension of Miller’s rehabilitation, providing the motivation to get stronger. It also gave him the sense that his life was going to be OK.

So his therapists decided to give Miller their blessing to race if he could demonstrate his ability. Miller went riding with recreational therapist Kayla Forster and Sgt. Lee Smith, a VA military liaison. Miller did fine even though his knee injury makes it difficult for him to pedal. Smith, though, fell and broke his collarbone.

“When we first went out, I was reminding myself to stay open-minded,” Forster said. “But I kept thinking, What am I going to tell the rest of the team? `Yeah, he could fall and die, but…’

“Yet he’s smart and safe. He’s aware of his deficits and he compromises for them. I can’t think of a better thing for him to do that would help his progress.”

When Miller, wearing a helmet and pads, competed in Monterey’s Sea Otter Classic in April, staff and friends from the VA cheered him on wearing “Team Miller” T-shirts. He did well enough in his age division to qualify for a national race this summer.

A new outlook

Mountain biking, Miller said, is an escape from the painstakingly slow rehab process. It also reminds him of what he still has and helps him avoid dwelling on what is gone.

He is a divorced father of an 8-year-old daughter whom he rarely gets to see. An engagement to another woman ended after he was wounded. Miller knows he will never fully recover his memory. One day, at a VA session teaching memorization techniques, group members were asked to remember 16 words. Miller got just five on his first attempt.

“I’d rather not tell people what’s going on with me, but that creates problems,” said Miller, who is now in a residential treatment program at the National Center for Post Traumatic Stress Disorder in Menlo Park. “People become impatient with me. They look at me like, `What’s wrong with you?’ because I need to have things repeated to me or have things written down. That stuff bothers me.”

And yet Miller says he has a much more positive, less-stressed outlook. His newfound passion for sports is part of the reason.

He did well enough at a Colorado skiing clinic for disabled veterans in April that he was approached about racing competitively. And there’s mountain biking.

“Out here I’m just another guy riding,” Miller said that spring day at the Corral Hollow Downhill. “Most people don’t know somebody who was wounded in Iraq. And I guess they don’t expect someone hurt in Iraq to be racing mountain bikes.”

But he does. Like the other competitors, he went down the hill alone, racing the clock. Unlike one rider who left in an ambulance with his arm in a sling, Miller stayed on his bike.

His top speed reached 31mph, and he finished sixth out of eight riders in his age group. But like he said, it didn’t matter.

Just before going down the hill, Miller added one thing that he often tells people now.

“I like my second life better than my first life.”

Contact Mark Emmons at memmons@mercurynews.com

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No Evidence That Iran Is Supplying Weapons to Taliban, Says U.S. General

KABUL, June 5 (Reuters) – While Iranian mortars and other weapons have been found on Afghan battlefields there is no evidence that Tehran is supplying weapons to the Taliban, the U.S. general who leads the NATO war effort in the country said on Tuesday.

General Dan McNeill, who took command of NATO forces in Afghanistan in February, also said in an interview with Reuters that some lower-level Taliban militants could be incorporated into Afghan politics, but he saw no hope for a peace pact with the leadership of the Afghan rebel forces.

McNeill, commander of the NATO’s 36,000-strong International Security Assistance Force (ISAF), said Iranian mortars were routinely found in Afghan weapons caches, but there was no evidence they had been transported as part of a Tehran-organised operation.

“There certainly are weapons or munitions of Iranian origin, but when you say weapons being provided by Iran that would suggest there is some more formal entity involved in getting those weapons here,” he said at ISAF’s heavily fortified main base in Kabul. “That’s not my view at all.”

Iranian mortars arrive in Afghanistan from many countries, he said.

“I just have no information to support that there’s anything formal in some arrangement out of Iran to provide weapons here.”

McNeill expressed concern that a new and more powerful type of roadside bomb called an explosively formed projectile (EFP) had recently been found in Afghanistan.

But he said he had seen no sign of portable air defense systems — anti-aircraft missiles — in the hands of the Taliban that would significantly alter NATO and U.S. air superiority.

CONVERTING THE TALIBAN

In answer to a question on whether a peace accord could be achieved with the Taliban and their al Qaeda allies, McNeill said he did not rule out the possibility some lower-level Taliban could join Afghan politics.

Afghan President Hamid Karzai had repeatedly extended olive branches and his government occasionally talks to the militants.

“I don’t rule out some former Taliban becoming part of a legitimate political process in Afghanistan. It’s already occurred. There are some in prominent government positions.”

“I think that the strategy or technique of not negotiating with terrorists, with extremists, is a good one,” McNeill said. “But I think it’s entirely possible, I’ve heard President Karzai say, that there are a number of lower-level Taliban who could come over and be part of a genuine political process.”

But of a possible peace accord with the leadership, he said: “I think some of those are incorrigible and I don’t see much of an option there.”

The long-expected Taliban spring offensive did not materialise, McNeill said, despite a rise in suicide attacks.

Instead, ISAF and U.S. coalition forces made progress of their own, particularly in eastern areas of Afghanistan and in a large-scale operation in Helmand province, in the area of a key hydro-electric project at the Kajaki dam.

“We think we have the upper hand right now,” he said.

Asked why NATO and the U.S.-led coalition, with more than 50,000 troops in Afghanistan, have not been able to crush the smaller and less sophisticated Taliban, McNeill reiterated statements by NATO’s secretary-general that more forces are needed to defeat such an insurgency.

“While we have a pretty good force here, it doesn’t fit with the numbers anyone has … prescribed in their doctrine (for an insurgency),” he said.

An insurgency is best defeated by indigenous security forces, he said.

The Afghan army being equipped and trained by Western militaries currently numbers about 21,000 troops in the field, McNeill said. Afghanistan’s army chief said on Monday he did not expect the force to reach its full 70,000 strength until next year and would not be fully functional until 2011.

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Editorial Column – Saying Nothing But Still Power-Hungry

June 5, 2007 – NEW YORK — They say America is the land of the second chance — the chance to make good on a promise, a project or a virtuous deed that might lead to redemption. But in the case of Henry Kissinger, the chances never seem to run out, no matter how much harm he does.

Twice in the last two months I’ve heard the world’s most famous (and venal) diplomat — now said by Bob Woodward to be advising President Bush on Iraq — make speeches that might be deemed comical if they weren’t so depressingly emblematic of this country’s endless tolerance for con men, courtiers and failures. Kissinger should have run out his string years ago, but there he was, nearly 84 and still vigorous, commanding the rapt attention of people who by now should know better.

How does he get away with it? The crimes committed by Kissinger in the service of Richard Nixon and Gerald Ford are well known, exhaustively described by William Shawcross, Seymour Hersh and Christopher Hitchens, among others. I’ve always thought that Kissinger’s role in pointlessly prolonging the carnage of Vietnam while Nixon’s national security adviser was his greatest sin. But I don’t mean to minimize his other acts of diplomatic debauchery, both large (contributing to the destruction of Cambodia and the overthrow of Salvadore Allende, in Chile), and smaller (giving the green light to Indonesia’s immensely bloody invasion, and subsequent occupation, of East Timor).

I suspect that the secret to Kissinger’s enduring influence, against all moral suasion, is his sheer persistence. He is a tireless self-promoter, with more energy and vanity than men half his age. Last month, at the memorial service for Arthur Schlesinger Jr., this servant of Republican Party power was called upon to eulogize a man identified with the Democratic Party and the cause of liberalism. But before a packed audience of nearly 900 people that included Sen. Edward M. Kennedy, Norman Mailer and Bill Clinton, Kissinger talked almost entirely about himself.

It seems that when Henry was a young professor at Harvard in the 1950s, he wrote Arthur a letter about nuclear- weapons policy in response to something Arthur had said. Next thing you know, Arthur had passed Henry’s great thoughts along to the editor of Foreign Affairs, resulting, Henry recalled, “in my first published piece on public policy.”

Imagine that. An Adlai Stevenson Democrat got Henry started in his villainous life in politics. Bravo for Arthur! Bravo for Henry! The “eulogy” continued in this narcissistic vein to the point where Kissinger might just as well have brought out his résumé and handed it to Clinton to pass on to future president Hillary. I’m not sure that Schlesinger would have wanted to be remembered as the man who launched Kissinger’s sordid career, but there was no stopping Henry’s ambition amid the historic grandeur of the Great Hall of Cooper Union, scene of one of Abraham Lincoln’s most celebrated speeches.

Two weeks later I got to observe Kissinger working another, more conservative room, this one filled with hundreds of admiring business people, members of the Economic Club of New York. In keeping with Kissinger’s courtier spirit, the lunch was held in the Trianon Room of the New York Hilton, and club president Barbara Franklin did her best to promote an atmosphere worthy of Versailles.

Kissinger, declared Franklin in her introduction, was “the most influential diplomat” of modern times, “his brilliance the stuff of legend.” But wait. Though “we still depend on him; we still need him,” the great man’s precious time had other claims upon it. Kissinger would have to cut short his answers during the question period after his speech, since his attendance was required that very evening at a White House state dinner honoring Queen Elizabeth II.

A collective frisson passed through the audience. But that wasn’t the only thing to get excited about. Something really, really important was in the offing. “In another break with precedent,” intoned Franklin, Kissinger’s talk would be off the record. A second frisson, and then the “one and only Henry Kissinger” approached the podium.

I furiously began scribbling in my notebook, to better violate the ground rules. Whispering “confidences” to docile reporters (“you’re the only one who can appreciate the sensitivity of this information”) to reward them for their servility is Kissinger’s stock in trade. In front of 500 or so people, the notion of an “off-the-record” speech was even more preposterous than the idea that Kissinger would ever tell a journalist anything important that he didn’t want known.

And, true to form, there was virtually nothing in the doctor’s speech that would have been worth quoting in a news story. Not always clearly understandable under the heavy German accent, Kissinger recounted a little bit of history studded with clichés: “In the 17th Century there emerged the idea of sovereign states” whose “frontiers were declared impermeable”; “Nationalist appeals to military service in Europe are in decline”; “Europe prefers the use of ‘soft’ power”; the United States is inclined toward the use of “ ‘hard’ power.”

Presumably to suggest an interest in stopping wars, Kissinger made vague reference to Emmanuel Kant’s essay “Perpetual Peace,” though he may have meant it ironically. In any event, he didn’t say anything of substance about the burning issues of the day, namely Iraq and Iran. Only truisms: The modern Middle East, apart from Iran, is made up of artificial states created by “Victorian powers” and “loyalties in the region were tribal and religious.” You don’t say.

Then this: “Vietnam had a definable opponent. . . . When I hear people say we should withdraw from Iraq or send more troops, people do not understand the turmoil we are facing. . . . We cannot let a region fall into the hands of a revolutionary group.” Nevertheless, “things are not hopeless.” For further information, you have to hire Kissinger Associates, and that costs a lot more than a ticket to an Economic Club luncheon.

Indeed, the only thing that Kissinger said that approached anything resembling candor was his statement that China could not maintain an annual growth rate of 11 percent “with an African standard of living in the interior of the country and a European standard on the coast.”

Kissinger’s tactics work wonders on the self-regarding rich. One of two after-lunch questioners, Richard Nixon’s son-in-law, lawyer Edward F. Cox, tried hard to outdo Franklin, calling Kissinger, “the pre-eminent strategic thinker of our time.” But a brilliant self-promoter doesn’t make a brilliant thinker or diplomat.

When, in answer to a question about the Suez crisis of 1956, Kissinger replied that “this was not [President Eisenhower’s] greatest moment,” I remembered just how shortsighted Kissinger can be. Suez was, in fact, one of Eisenhower’s four greatest moments as president, including the ending of the Korean War, the forced integration of Little Rock’s Central High School and his farewell address, in which he warned us about the “military-industrial complex.” Halting the British-French-Israeli seizure of the Suez Canal from Nasser’s Egypt was as principled as it was pragmatic: It told the world, not to mention millions of oppressed Muslims, that America would tolerate only so much re-colonization in the post-war era.

This was far too subtle and ethical for Kissinger, who, as a “private citizen,” in 1979, lobbied hard to admit the deposed shah of Iran to the United States for cancer treatment. Despite President Carter’s initial opposition and strong warnings from the American embassy in Tehran, Kissinger, David Rockefeller and their allies wore down the administration and got their way. The shah entered New York Hospital and the Ayatollah Khomeini’s outraged Revolutionary Guard, fearing a counterrevolutionary plot, seized the hostages at the U.S. embassy, permanently poisoning relations between Tehran and Washington. Now that we need Iran’s help in Iraq, Kissinger’s intervention on behalf of the shah looks worse every day.

But were the members of the Economic Club really as stupid as Kissinger thinks? After his stage-managed exit to attend to the Queen (and King George), I noticed a prominent real-estate man, a Democrat whom I know slightly, whispering earnestly to another guest: “Kissinger said nothing. That’s bad news because it means there’s no way out of Iraq.” I guess Bush must be really desperate. Or maybe he’s just as dumb as people say.

John R. MacArthur, a monthly contributor, is publisher of Harper’s Magazine.

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