Threated Livermore VA Campus Gets Boost From Congressman McNerney

May 18, 2007 – A freshman congressman is trying to keep a veterans hospital open by arguing that its placid grounds can provide the perfect setting for treating soldiers with post-traumatic stress disorder.

The Veterans Administration is considering closing the 115-acre Livermore VA Medical Center campus, which includes a hospital and nursing home, as well as an outpatient clinic called French Camp.

It is also weighing an expansion of the facility, and a decision by agency Secretary Jim Nicholson is expected by late spring or early summer.

Rep. Jerry McNerney, D-Calif., pressed Nicholson on the subject in a letter sent Thursday.

McNerney said he believes a decision to shutter the facility is “imminent,” based on his conversations with patients who have been directed toward other VA clinics.

“I believe one of the ways we can meet the needs of our veterans is to maintain and perhaps expand services offered at the Livermore VAMC,” McNerney wrote.

“With the creation of a new generation of veterans increasingly afflicted with post-traumatic stress disorder, I believe we must not only maintain services at the Livermore VAMC and French Camp Outpatient Clinic, but also expand the services offered to meet the need for PTSD-specific treatment,” he wrote.

“The Livermore facility, with its tranquil and relaxing setting, provides the perfect location for the type of treatment PTSD sufferers require,” he said.

Earlier this month, a panel of medical experts reported a surge in the number of veterans suffering post-traumatic stress disorder. Claims increased from 120,265 in 1999 to 215,871 in 2004 and payments jumped from $1.72 billion to $4.28 billion in the same period, a combined committee from the Institute of Medicine and National Research Council said.

The largest share of claims is still coming from Vietnam War veterans, but there are expected to be many more claims in the future from personnel who served in the first Gulf War and in the current conflicts in Iraq and Afghanistan, the panel said.

PTSD is an anxiety disorder some people develop as a result of experiencing or witnessing a traumatic event, such as military violence.

Kerri Childress, spokeswoman for the VA Palo Alto Health Care System which includes the Livermore campus, said there is no hard timeline for when Nicholson may make a decision.

VA spokeswoman Laurie Tranter said Friday she could not predict what Nicholson will do.

“The secretary is aware of the strong feelings regarding the Livermore campus and issues of access to long-term care and outpatient services,” Tranter said. The agency seeks “to ensure that all aspects of concern to veterans are considered prior to making a decision,” she said.

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Iraq War Veteran Decries Denial of Medical Benefits

PALMYRA — Raymond Everlith Jr. served his country for 22 years and in two wars in the Middle East, but when it came time for him to get his teeth fixed, his nation demanded $250.

When he retired from the U.S. Army Reserves as a master sergeant last September, after serving in both the Gulf War and Operation Iraqi Freedom, Everlith believed the Veterans Administration would provide his health care for the rest of his life.

But when he went to the Togus VA Medical Center in Augusta on Wednesday to have repairs made on the false teeth that were wired in during his mobilization to Iraq four years ago, Everlith was shocked to learn that not only would the hospital not fix his teeth, but would provide no free health care of any kind.

“Everybody always tells you, if you ever have a problem, and you’re a veteran, just go to the VA,” Everlith said. “That’s all I’ve heard for 20 years. And the one time I need help, I go to the VA, and they say, ‘We can’t help you.’ “

Everlith, 40, would typically qualify for VA health benefits, said Rene Deschene, service officer for the Veterans of Foreign Wars of Maine. Soldiers who served 24 months of continuous active duty and meet certain financial criteria, and those who served in Iraq, are eligible for VA health care.

Soldiers returning from Iraq who have not served 24 months of continuous active duty, however, must sign up for health coverage within two years or returning to the United States to maintain the benefits.

“If they fail to sign up with the two years, they have to meet the 24 months continuous service and the means test,” Deschene said.

Everlith said he had never heard of the policy until Thursday.

“Nobody ever said a word to me about it,” Everlith said. “There was nothing set up for us. Nobody told me I needed to go anywhere or do anything. They put me on a plane, processed me and sent me home.”

Deschene said the situation is not common, but has been known to happen.

“If he wasn’t (told), whoever was in charge of that transportation unit wasn’t doing their job,” Deschene said.

Everlith’s experience is not unheard of, particularly among those who serve in the reserves, Deschene said. The National Guard, which has very local command, does a good job of informing troops of benefits and how to secure them, Deschene said. And those exiting the military from active duty are automatically processed for benefits upon their departure. But reservist soldiers can have commands in different states and be attached to nearly any unit. Everlith, for example, served with the 11th Bravo Infantry, but was activated to serve in Iraq with the 3rd Personnel Command out of Mississippi. Sometimes the information that is supposed to be given to soldiers gets lost in the shuffle, Deschene explained.

“The major command for reserves have got to step up and make sure their people get the briefing,” Deschene said.

Jim Doherty, staff assistant for the center director at Togus, said the VA is constantly doing outreach and meeting with returning soldiers to brief them on securing their benefits.

“I’m beating the bushes and trying to tell people, ‘You need to sign up,’ ” Doherty said.

Getting the information to reserve units is sometimes difficult, he said.

“We cannot get into a unit unless we’re invited in,” Doherty said. “Sometimes their next echelon is in another state. It’s harder to have that single point of contact.”

Doherty said he was unsure when the two-year sign-up policy began, but believes it was 2003. It is possible, Doherty agreed, that the policy had not yet been announced at the time Everlith left Iraq.

Regardless of why he never signed up for the benefits, Everlith’s inability to receive VA health benefits now is, at least in part, due to his good health. The only option Everlith now has to receive benefits is to connect his injury or malady to his time in the service. The only other way Everlith, who drives an oil truck for a living and does have health insurance through the company, could qualify for VA health benefits is if he falls into a certain income category, which currently is about $24,000 or less per year.

“He has to become service connected for something,” Deschene said. “That’s his only option.”

Even though Everlith’s teeth were repaired by the Army during his mobilization, because it was a preexisting condition he was forced to sign a paper promising to pay the bill in order to have VA personnel fix his teeth.

“Because I was able to do my job and come out unscathed after 22 years with no lingering effect, I’m on my own,” Everlith said.

His father, Raymond Everlith Sr. of Fairfield, who was permanently disabled by injuries he received during the Korean War, has relied on the VA to provide his health care for more than 50 years. He said he is incensed that his son is not allowed the same benefit.

“This is no way to treat a veteran,” Everlith Sr. said. “He’s not looking for sympathy. He just wants to get work done on his mouth.”

Everlith said he wonders how many other veterans are in his position — he would like to hear from those who are at olesoldier2003@yahoo.com. He said he is not angry at his inability to receive benefits, but he is disappointed.

A spokesman for U.S. Sen. Susan Collins, R-Maine, said Collins would look into Everlith’s case.

Everlith believes Congress should make VA health benefits for soldiers automatic after 20 years of service.

“To say, ‘Thanks for your service; you’re on your own now,’ which is what they told me (Wednesday), I was just shocked,” he said. “It’s just not right. The United States pays for health care for illegal immigrants, but they won’t pay for me. That’s the least they could do for somebody who gives 20 years for their country.”

Craig Crosby — 861-9253    ccrosby@centralmaine.com

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States Move to Bar Depiction of Iraq War Dead

May 18, 2007 – PHOENIX — Incensed by the sale of anti-war T-shirts and other paraphernalia emblazoned with the names and pictures of America’s military dead, some states are outlawing the commercial use of the fallen without the permission of their families.

Despite serious questions of constitutionality, Oklahoma and Louisiana enacted such laws last year, and the governors of Texas and Florida have legislation waiting on their desks. Arizona lawmakers are on the verge of approving a similar measure.

“You should have some rights to your own name and your own legacy, particularly if you’re a deceased veteran,” said state Sen. Jim Waring, a Republican who sponsored the Arizona bill. “Celebrities have that. Why shouldn’t our soldiers have that?”

The bills were prompted largely by pleas from military families upset that their loved ones’ names and photos were being used on phone cards, body armor and other products.

In many cases, the target of their ire is Dan Frazier, a Flagstaff man who sells T-shirts online that list the names of 3,155 U.S. military personnel killed in Iraq. The shirts bear slogans such as “Bush Lied – They Died” and “Support Our Remaining Troops – Bring the Rest Home Alive.”

Margy Bons, a Phoenix-area woman whose Marine reservist son, Sgt. Michael A. Marzano, was killed by an insurgent bomb in Iraq in 2005, said he believed in his mission.

“My son was not duped into going to war,” she said. “I’m angry that somebody can use somebody else’s name for their political beliefs without permission.”

Frazier, 41, said he will not retreat. “I’m providing a valuable service to people to help show the enormity of the cost of war,” he said.

Under the Arizona bill, violators could get up to six months in jail and fines of $2,500 for an individual and $20,000 for an enterprise. A spokeswoman for Gov. Janet Napolitano declined to say whether she would sign the bill if it reached her desk.

The Florida bill would impose a $1,000 penalty per violation for using a military member’s name or photo commercially without permission.

Law enforcement officials in Oklahoma and Louisiana said they were unaware of any prosecutions under their laws. But the Arizona legislation also authorizes families to sue, and Bons said she will see Frazier in court.

Frazier said he has sold a couple of thousand shirts through his Web site, www.carryabigsticker.com, since 2005 and regards it as more of a political statement than a moneymaker. He said the shirts, which sell for $20 to $22, are expensive to produce.

Frazier said the various state bills and laws infringe on his First Amendment right to free speech.

Waring said Frazier is selling a commercial product, and that opens the door to state regulation.

“This is clearly commercial speech. He’s not giving the shirts away,” Waring said. “I don’t dispute that if he was giving the shirts away to make a political statement, we probably couldn’t do anything about that.”

However, a constitutional law expert said the facts that the dead soldiers’ names are public record and that the Arizona legislation grants exceptions for plays, articles and certain other uses could undermine its constitutionality.

“You can’t make some irrational distinctions and stop some people and not others without a really good reason,” said Paul Bender, an Arizona State University professor and a top Justice Department official in the Clinton administration.

Bender said the shirts are clearly a political statement: “He’s not advertising anything on the T-shirts.”

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Secret Shots Sicken Service Members Sent to Iraq and Afghanistan Wars

Are secret vaccinations by military making service members sick?

Click here to watch the television news cast:  http://www.wlwt.com/video/13281120/index.html

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‘Moral Decision’ Jeopardizes Navy Lawyer’s Career

May 18, 2007 – NORFOLK, Va. – Matt Diaz was a Navy lawyer with 18 years of military experience when duty called at Guantánamo Bay, Cuba. Six months there broke him.

Now, in a case that reflects the fierce dissent within the U.S. government over the war on terrorism, the lieutenant commander faces a court-martial that could send him to prison for at least 14 years. A jury convicted him late Thursday, and the sentencing phase of the case is set to begin Friday.

“My oath as a commissioned officer is to the Constitution of the United States,” Cmdr. Diaz told The Dallas Morning News in his first public comments on the case. “I’m not a criminal.”

In early 2005, as he was concluding a six-month tour of duty as a Guantánamo legal adviser, Cmdr. Diaz sent an anonymous note to a New York civil liberties group containing the names of the detainees.

The Center for Constitutional Rights earlier had won a U.S. Supreme Court ruling that terrorism suspects had the right to challenge their detention. But the Pentagon was refusing to identify the men, hampering the group’s effort to represent them.

“I had observed the stonewalling, the obstacles we continued to place in the way of the attorneys,” the 41-year-old officer said. “I knew my time was limited. … I had to do something.”

In doing so, the government contends, Cmdr. Diaz committed a variety of crimes, including disobeying regulations and transmitting secret defense information that “could be used to the injury of the United States or to the advantage of a foreign nation.” The jury convicted him on four of five counts.

Prosecutors have declined to comment on the case. But in court, they have argued that some of the released material could have led to discovery of “intelligence sources and methods.”

Dui defense attorneys have tried to raise doubt about whether the leaked material really was classified.

Patrick McLain, an ex-Marine and military law expert from Dallas who is leading the Diaz defense team, predicted the government wouldn’t convince the seven-man jury on the one point that could bring a long prison term: that his client deliberately endangered national security.

Here, “the government’s case is circumstantial,” he said.

Onus on government

The judge has barred the defense from explaining its client’s motives, and Cmdr. Diaz did not testify during the trial’s guilt-innocence phase.

But in an hourlong interview after the opening day of trial Monday, Cmdr. Diaz laid out his reasoning.

What is illegal, he said, is the Bush administration’s prosecution of the war on terror. He accused officials of violating international law, such as the Geneva Conventions on the humane treatment of war prisoners, and the Constitution’s guarantee of due process.

“I made a stupid decision, I know, but I felt it was the right decision, the moral decision, the decision that was required by international law,” Cmdr. Diaz said. “No matter how the conflict was identified, we were to treat them in accordance with Geneva, and it just wasn’t being done.”

The Defense Department strenuously rejects such talk.

“Detention of enemy combatants in wartime is not criminal punishment and therefore does not require that the individual be charged or tried in a court of law,” Daniel Dell’Orto, a top Pentagon lawyer, testified recently before the Senate Armed Services Committee. “It is a matter of security and military necessity that has long been recognized as legitimate under international law.” Visit here for more information.

Nonetheless, Defense Secretary Robert Gates and Secretary of State Condoleezza Rice have quietly recommended that President Bush close Guantánamo, according to The New York Times.

Prominent ex-military men also are publicly urging reform.

“The way we have dealt with detainees risks blemishing the reputation of this great country for generations to come,” retired Rear Adm. John Hutson testified before the Senate panel.

A card with 550 names

The case against Cmdr. Diaz began in 2005 shortly after Barbara Olshansky, a lawyer at the Center for Constitutional Rights, received a Valentine’s Day card, bearing the picture of a long-eared, droopy-eyed dog and a Guantánamo postmark.

Inside were computer printouts, reduced to fit the card, containing the names and other identifying information on the approximately 550 detainees then at Guantánamo. Cmdr. Diaz said he took these steps to lessen the chance that the material would be intercepted by the military before it left the island.

Ms. Olshansky had never communicated with the commander, according to testimony, but suspected that she had received the names she’d been seeking through official channels. Court officials overseeing the center’s Guantánamo litigation verified her suspicions and alerted the FBI.

Fingerprints and computer sleuthing eventually led to Cmdr. Diaz in Florida, where his next assignment had taken him.

While the investigation was unfolding, much identifying information about the detainees became public – but not because of the center’s continuing litigation. Instead, The Associated Press won a Freedom of Information Act lawsuit against the government when a U.S. district judge ruled that the Guantánamo prisoners’ names were public.

When asked why the government pressed on with its criminal case against Cmdr. Diaz, Navy spokeswoman Beth Baker said, “I can’t give you a philosophical answer.” But she stressed that the allegations against him constituted “an offense in the Uniform Code of Military Justice.”

Cmdr. Diaz said he now believes it was “cowardly” to release the names and other identifying information the way he did.

“I was more concerned about damaging my career,” said the high school dropout, who got his GED and law degree while in the military. “Obviously I chose the wrong path because here I am – my career is in jeopardy, serious jeopardy, much more serious jeopardy than it would have been if I had raised the issue to my chain of command.”

Others fought system

Cmdr. Diaz is not the first member of the military legal system to face trouble for challenging conditions at Guantánamo.

In his interview with The News, he recalled two prosecutors who “objected to the way the system was set up to guarantee a conviction. I don’t believe they lasted long … they didn’t make it to the first hearings.”

One of the best-known Guantánamo rebels is another Navy lieutenant commander, Charles Swift.

He was assigned to represent Salim Hamdan, who admitted working as Osama bin Laden’s driver while in Afghanistan but denied fighting or being an al-Qaeda member. Cmdr. Swift alleged that prosecutors told him he couldn’t get access to his client unless he agreed in advance to negotiate a guilty plea for him.

Cmdr. Swift refused and sued the government, resulting in the landmark 2006 U.S. Supreme Court decision that threw out the Guantánamo military tribunal system.

“The environment at Guantánamo is poisonous,” Cmdr. Swift told The News. “I’ve watched colleagues and people who are close friends, people I have the utmost respect for, just ground down by this.”

He counts Matt Diaz among them. The two shared some military legal training, and he worked with Cmdr. Diaz to coordinate his visits with Mr. Hamdan.

“I am struck somewhat that I’m a hero and Matt is facing jail,” Cmdr. Swift said, noting that he’s not familiar with the specifics of the Diaz case. “If a mistake was made, it doesn’t take this.”

Another casualty of the Guantánamo system is that criminal cases may collapse. Marine Lt. Col. Stuart Couch, for example, recently told The Wall Street Journal that he had given up on prosecuting a prisoner he believed had strong ties to 9/11 after concluding that the man had been tortured.

Such big fish are rare in the detention camp, according to research by Seton Hall Law School. It concluded, based on government documents obtained in litigation, that about half the detainees were noncombatants.

Bush administration officials have characterized the Guantánamo population overall as “the worst of the worst.”

That is one of “two misstatements, or false statements, that occurred about Guantánamo,” Cmdr. Diaz said. “The other statement was ‘We do not torture.’ ”

One of his jobs at Guantánamo, he said, was to track and investigate allegations of abuse.

“I think a good case could be made for allegations of war crimes, policies that were war crimes,” he said. “There was a way to do this properly, and we’re not doing it properly.”

Father on death row

If he ends up in prison, Cmdr. Diaz, in a sense, will be joining his father. Robert Diaz, a former nurse, has been on California’s death row since 1984, convicted of killing 12 patients under his care at rural hospitals.

The elder Mr. Diaz had no prior record and has always maintained his innocence. According to news reports, he faced a largely circumstantial case with questionable medical evidence and an ill-equipped public defender who talked him into a nonjury trial – an extremely unusual tactic in a capital punishment case.

He “never received anything even close to a fair trial,” a 1994 San Francisco Chronicle investigation concluded.

“My daughter is 15,” Cmdr. Diaz said. “She’s pretty much in the same position I was when I observed this happen with my dad – just observing the injustice.”

None of that, however, dims “my love of country and love of the law and the Constitution and the founding principles of this country,” Cmdr. Diaz said. “That forms the core of who I am.”

Timeline

2002:
• The U.S. military establishes a detention camp at Guantanamo Bay, Cuba, for terrorism suspects captured abroad after the Sept. 11 attacks. Hundreds are held incommunicado, without charge or legal counsel.
• The Center for Constitutional Rights, a legal and human rights advocacy group in New York, files suit challenging the detention of three prisoners at Guantanamo. Lower courts rule the prisoners have no right to pursue legal action.

2004:
• The U.S. Supreme Court rules for the Center, saying that the prisoners do have the right to challenge their detention in U.S. courts.
• Defense lawyers not associated with the Center challenge the constitutionality of military proceedings that decide – without following U.S. civilian court standards – whether prisoners are enemy combatants or have committed war crimes. The lawyers represent Salim Hamdan, who worked as a driver for Osama bin Laden in Afghanistan but denies fighting or being a member of al Qaeda.
• Navy Lt. Commander Matthew Diaz is assigned to the Guantanamo legal affairs office. Part of his job is to coordinate visits by defense attorneys.
• The Center seeks the names of all the Guantanamo detainees. The Pentagon refuses.

2005:
Commander Diaz anonymously mails the names of Guantanamo prisoners to Barbara Olshansky, a Center lawyer. She consults with court officials overseeing Center litigation. Concerned about the possible ramifications of having illegally obtained the names, the Center alerts the FBI, which eventually focuses on Diaz as the leaker.
• Congress passes a law barring Guantanamo prisoners from challenging their detention.

2006:
• A U.S. district judge rules that the Guantanamo prisoners’ names are public, as The Associated Press argued in a Freedom of Information Act suit.
• The Navy proceeds with its prosecution of Commander Diaz.
• The U.S. Supreme Court rules in the Hamdan case that the system of military proceedings is unconstitutional. Congress creates a new system.

2007:
• The first war-crimes prosecution at Guantanamo is completed. Australian David Hicks pleads guilty to aiding terrorists in Afghanistan in exchange for a nine-month sentence, to be served largely in his home country.
• Guantanamo officials accuse defense lawyers of creating security risks by providing clients news of the outside world and by gathering information for journalists. The officials propose various restrictions, such as monitoring attorney-client mail and denying lawyers access to some evidence.
• Commander Diaz’s court-martial begins in Norfolk, Va.

Guantanamo, by the numbers:

380: Estimated current total of prisoners
395: Estimated number of prisoners freed or transferred to other countries
80: Estimated number of prisoners eligible for release or transfer but still in custody while the U.S. negotiates with other countries
1: Number of completed war-crimes prosecutions
SOURCE: U.S. Department of Defense

Conclusions of the Seton Hall Law School’s Guantanamo Project, based on government records acquired via litigation:

55: Percentage “not accused of committing a single hostile act”
8: Percentage identified by the Defense Department as al-Qaeda fighters
100: Percentage of hearings at which the government determined enemy combatant status without producing a witness
93: Percentage of hearings at which enemy combatant status was determined without production of documentary evidence

SOURCES: Dallas Morning News research; news reports

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Following War Tragedy, Son and Father Revered

May 21, 2007 – Professor Andrew J. Bacevich of Boston University rarely discussed his son’s service in Iraq, where the lieutenant was living a dream as an Army officer charged with the life-and-death responsibilities of a platoon leader.

The younger Andrew J. Bacevich, a 2003 graduate of BU, only sparingly mentioned to classmates and co-workers the well-known professor whom he resembled so closely in appearance and character.

But if they did not draw public attention to their relationship, father and son nonetheless seemed to be mirror images of each other to friends, co-workers, and comrades in the military. The adjectives they use, over and over, to describe the pair create an extraordinary portrait of the two: intelligent, confident, thoughtful, courageous, determined, and patriotic.

Now, First Lieutenant Andrew J. Bacevich, 27, is dead, mortally wounded by a suicide bomber May 13 in Iraq. And his father, who served in Vietnam and later rose to the rank of Army colonel, is left to ponder the searing loss of an only son in a war the professor has bitterly criticized.

“Our kinship is that we, he and I, had a knack for picking the wrong war in which to serve,” Bacevich told WBUR radio after his son’s death.

A professor of history and international relations, Bacevich told the radio station he has been struggling to fathom his own responsibility in his son’s loss. As a citizen, Bacevich said, he felt compelled to assail what he saw as an immoral war and a “catastrophic failure.” And yet, he added, exercising that responsibility does not seem to have made a difference.

“What kind of democracy is this, when the people do speak, and the people’s voice is unambiguous, but nothing happens?” said Bacevich, 59, who lives in Walpole.

Despite his opposition to the war, Bacevich supported his son’s decision to follow him into the Army, said Katy Bacevich, 22, one of young Andrew’s three sisters. According to colleagues, the elder Bacevich has always viewed the Army as a noble calling, which gives citizens the chance to give back to the country but should not exclude independent thought. And in that dynamic, they added, lies the strength of a man to whom patriotism does not preclude dissent. “His view of the military comes from a country he loves and an institution he cherished,” said Michael T. Corgan, a BU professor of international relations, who served two tours as a Navy officer in the Vietnam War. But to Bacevich’s mind, he said, “it’s his patriotic duty to speak out and say what he’s seeing rather than go along because it’s easier. Here’s a man of moral and physical courage.”

Bacevich has also brought that message to the classroom. Larry W. Matthews , a retired Army colonel and Gulf War veteran, encountered Bacevich during a Pentagon-sponsored program in 1997 at Johns Hopkins University, where Bacevich led a seminar. Bacevich’s message, Matthews recalled, was that as long as you could back up an argument, “you can, as an officer, challenge and disagree. . . . That’s a new muscle for some military folks.”

The seeds of Bacevich’s values were planted in Illinois, where he was raised as a deeply religious Catholic before enrolling at the US Military Academy. Shortly after his 1969 graduation from West Point, where he had been class president, was a poetry editor, and a rugby player, “Skip” Bacevich served as a lieutenant in Vietnam.

His 23-year Army career later included command of an armor regiment in 1991 in Kuwait, where Bacevich attracted the attention of another colonel, William Nash, who eventually became a major general in charge of US forces in Bosnia.

“He was a top-notch professional, both on the intellectual side and the practical side of soldiering,” said Nash, who has retired from the Army and is a senior fellow on the Council on Foreign Relations. “I think his analysis of the Iraq war has been extremely thorough, well-reasoned, and sound, and I can’t think of anything he’s said that I disagree with.”

Bacevich, who declined requests for an interview, seems difficult to categorize ideologically. In his writings, he has criticized both what he views as the self-indulgence of the radical left, and a neoconservative philosophy that endorses “preventive war” such as the invasion of Iraq.

The current war, he wrote March 1 in an opinion article in the Globe, has alienated America’s friends, emboldened its enemies, and left the nation in greater danger.

To Nash, Bacevich’s positions are bolstered by academic rigor and should be taken seriously.

“He has been intellectually solid and, I think this is very important, has differed with policy but not with service to the country,” Nash said. “When our chicken hawks of the administration try to argue that if you’re against what they’re doing, you’re unpatriotic, Skip Bacevich is living proof that it’s not true.”

The news of the younger Bacevich’s death hit Nash hard.

“The death of young Andy really makes me mad,” the retired general said. “Why? Well, because here’s a loyal soldier serving his country without regard to the wisdom of his country’s policies.”

Nash paused, then added softly: “Thank God we have people like that. Thank God.”

The younger Bacevich found the path to the Army to be much more difficult than his father’s. After a year in the ROTC program at BU, Bacevich was forced to leave because of a childhood history of asthma. Both Bacevich and his father were distressed at the setback and appealed the decision, said Beri Gilfix, the university’s Army ROTC office manager.

Although the younger Bacevich showed his fitness while a BU student by running the Boston Marathon in 3 hours, 35 minutes, the Army’s tough stance against asthmatics stood. The Army later relaxed its asthma restrictions. And in 2005, determined to join the Army despite almost-certain deployment to Iraq, Bacevich enlisted as a private and was accepted into Officer Candidate School.

“He didn’t have to join the military,” said Alexie Holmberg, 27, an Army veteran of Afghanistan who knew Bacevich in ROTC. “He could have gotten out of college and started making big money and living in places a lot nicer than Iraq. I’ll tell you what, we were lucky to have him in our Army.”

Holmberg, who has left active duty and is an Army captain in the Massachusetts National Guard, had used Professor Bacevich as an academic adviser. To Holmberg, the similarities between father and son were striking.

“They’re very solid characters. They were guys who were built on real solid foundations,” Holmberg said. “His dad was what you think of as an army colonel — very intelligent, very to the point, and very candid.”

Although he tried hard to keep his son in ROTC, the elder Bacevich steered clear of his son’s studies under fellow BU professors of international relations.

“We knew he was proud of his son,” Corgan said. “But Andy wouldn’t dream of asking anybody to do something on behalf of his son. Andy set a standard of behavior and performance, and his son measured up to that.”

Like his father, the younger Bacevich, who graduated from the College of Communication, showed a propensity for history and the benefits of a well-researched argument. Former colleagues at the State House, where Bacevich worked as an aide to Governor Mitt Romney and former state senator Jo Ann Sprague, a Walpole Republican, praised his ability to learn the intricacies of the legislative process.

“We always made the joke that Andrew had the most important job,” said Matthew Grew, who was associate director of Romney’s legislative office when Bacevich worked there in 2004. When a bill would go to the governor’s desk, Grew said, Bacevich would solicit reactions from concerned groups and then prepare a briefing for senior staff. “He was a really dedicated guy, and he exuded confidence,” Grew said.

Doug Shea, who was Sprague’s chief of staff, said Bacevich came to the office as a BU intern with a confidence seldom seen at that age. “Most of them are self-conscious and tread lightly,” he said.

That assessment was echoed by Joe Denneen, who also worked in Sprague’s office and is now chairman of the Walpole Selectmen. “The State House just came natural to him,” Denneen said.

A funeral Mass for Bacevich will be said at 10 a.m. today in St. Timothy’s Church in Norwood, near his Walpole home.

Brian MacQuarrie can be reached at b_macquarrie@globe.com.

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Soldier’s Mom Champions Health Screening

May 20, 2007 – Barbara Damon-Day, the mother of a Maine Army National Guard captain who died of unexplained causes while serving in Afghanistan, has been on a mission of her own.

Carrying a thick notebook filled with information about soldiers’ health issues — and pictures of her son, Capt. Patrick Damon — Damon-Day worked the halls of the state House to line up support for legislation inspired by her son’s mysterious death last June.

The father of two collapsed after a recreational run in Bagram, his wife, Hildi Halley, said at the time. Damon-Day believes it was related to the extensive series of vaccinations soldiers undergo before deployment, and perhaps how the vaccinations interacted with each other.

She wants to create a commission to improve health screening for National Guard personnel, particularly for vaccinations.

Her bill has 155 co-sponsors in the 186-member Legislature, and is widely expected to be approved in the House and Senate. Damon had served as chief of staff for a former House speaker before becoming administrative director for the Public Utilities Commission.

The Maine National Guard did not return a call seeking comment. Gov. John Baldacci, who oversees the Guard, has endorsed the bill.

Damon, 41, had taken leave from the utilities commission when he was deployed to Afghanistan in January 2006 with the Maine Guard’s 240th Engineer Group.

While the military lists the death as “sudden unexpected,” Damon-Day believes it was “prolonged and preventable.”

“In the military, you are vaccinated, literally, to death,” she said.

Vaccine Healthcare Center at the Walter Reed Army Medical Center in Washington declined to release any information about Damon because of confidentially laws. Damon-Day said the center was investigating his death as possibly vaccine-related.

Her campaign has made waves outside Maine.

In Congress, an amendment calling for better medical screening of military personnel this month was attached to a federal defense spending bill. Rep. Tom Allen, D-Maine, said the amendment was inspired by Damon-Day, whom he credits for elevating the concern over military vaccinations.

The proposal in Augusta would create a nine-member commission to review all preventive health treatment practices and protocols, vaccinations and other medications administered to members of the Maine National Guard. It would also help propose recommendations for safer health care practices and medications to the U.S. military.

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Editorial – VA Appeal Process Has Become a Joke

If the VA rules against a veteran, it gets worse: The average time to process an appeal is 657 days.

VA officials have all sorts of excuses for the delays — of course. When have you ever known government not to have an excuse for bureaucratic inefficiency?

According to the VA, one reason it takes longer to process disability claims by veterans is that the agency needs to determine whether the claims are related to service in the military. The VA quite properly doesn’t want to award disability payments to someone whose claim stems from an injury or illness in civilian life.

Compounding the problem is the fact that VA and Defense Department computers apparently are not compatible. Records from the Defense Department actually have to be delivered by hand to the VA, according to the agency.

VA officials say they are taking steps to reduce the waiting time involved in processing disability claims. We hope so — but we, like many veterans who have had to seek VA assistance, will believe it when we see it.

The VA needs to do better — a lot better in a variety of its activities, ranging from processing of claims to operations at its clinics and hospitals. Veterans who have served their country, sometimes sent into overseas combat zones with just a few weeks’ notice, have a right to expect that the VA will put more emphasis on serving them. And we, the Americans served by those veterans, should join in demanding improvements.

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More Western North Carolina Veterans Seek Help for PTSD

May 21, 2007- More local veterans are seeking help for post-traumatic stress disorder, and the numbers are expected to rise as more troops return home from Iraq and Afghanistan.

But, while the military is getting better at addressing mental illness, some doctors say that not enough veterans are seeking help. Psychologists say the stigma attached to mental health is one reason more veterans are not coming in for help, but the sooner they are treated for post-traumatic stress disorder, the better chance they have of overcoming it.

“Of course, there’s no cure for memories, there’s no cure for difficult experiences, but there are many things that can help,” said Bruce Purvis, a psychologist at the VA Medical Center in Asheville.

Post-traumatic stress disorder, or PTSD, is an anxiety disorder that can occur following the experience of a traumatic event. While anyone who witnesses a traumatic event can suffer from PTSD, people who have been in combat are extremely susceptible to developing the disorder.

Andrew Clark, 24, began experiencing symptoms of the disorder about one month after he left the Air Force in 2005, following two deployments to Iraq.

Clark started to have nightmares. He would wake up soaked in sweat and his heart would be racing. He found himself searching the side of the road for trash as if he was looking for roadside bombs. He couldn’t wait in line and would explode if the person behind the counter couldn’t ring him up fast enough. After his unit was deployed back to Iraq and Clark was unable to go, he plunged into depression.

“Adapting back to civilian life is the hardest part of it,” he said.

Clark said when he was in Iraq, it was necessary to put his emotions aside so that he could do his job.

“It took me awhile to understand that I’m not in that environment anymore,” he said.

PTSD numbers increase

The National Center for PTSD estimates that about 30 percent of men and women who served in Vietnam experience PTSD and an additional 20 percent to 25 percent have had partial PTSD at some point in their lives. The center also estimates that between 6 percent and 11 percent of veterans from the war in Afghanistan and about 12 percent to 20 percent of military personnel who served in Iraq have been diagnosed with PTSD.

At the Asheville VA Medical Center, the number of patients being treated for PTSD has increased over the past 10 years.

Like most VA Medical Centers across the country, most of the PTSD claims at the Asheville VA are from Vietnam War veterans, but the number of veterans from recent wars who are being treated for the disorder in Asheville has more than doubled to 170 patients from October through April of this year from 58 patients during the 2006 fiscal year. This number does not reflect veterans who are also getting help at the Veterans Center and other mental health facilities.

“Until we send our robots out to fight their robots, we’ll always have PTSD,” Purvis said.

Returning home

Soldiers returning from World War I experienced shell shock, and veterans from World War II were said to suffer from combat fatigue. But a formal diagnosis for PTSD did not exist until the early 1980s.

According to the National Center for PTSD, people with the disorder have four major types of symptoms: They re-experience the event either while awake or asleep; they stay away from people, places and things that remind them of the trauma; they experience a loss of emotions; and they feel on guard, have trouble sleeping and are irritable.

To receive a formal diagnosis of PTSD, these symptoms must last for more than one month, cause significant distress and affect the person’s ability to function normally.

The combat behaviors veterans learn in the military and the return to civilian life after being in a life and death situation can exacerbate some of these symptoms.

But, Purvis said these are normal responses to an abnormal situation.

“It’s the way we’re put together,” Purvis said. “It’s the way we’re wired.”

Dr. Alan Krueger, a former psychiatrist at the Asheville VA Medical Center, said even if military personnel don’t develop PTSD or other mental health issues, war has some effect on everyone who is involved in it.

“I don’t think anybody who goes into combat comes out unscathed,” Krueger said.

The lessons of Vietnam

But doctors say newer veterans like Clark may have a better chance at recovery than some of the older veterans who fought in Vietnam.

“The symptoms are very much the same but the package is different,” Purvis said.

Lonnie Darr, 60, was in Vietnam for three years. After he left the military in 1980, he couldn’t hold down a job, his wife and kids left him, and he withdrew from the world.

One morning, he woke up in his car under a freeway in Los Angeles, homeless and alone, and decided to seek help.

“I never heard of PTSD until I went to the Vet Center,” he said. “I knew something was horribly wrong, but I couldn’t put my finger on it.”

Although Darr is now getting help, he still struggles with many of the symptoms of PTSD on a daily basis. He is married for the third time, but he hasn’t been able to work for the past three years because of severe anxiety and intrusive thoughts about Vietnam.

Most days, Darr stays in his home office, which his wife has nicknamed “the bunker.” Even a trip to Sam’s Club causes him severe anxiety.

While the number of times he thinks about Vietnam has decreased, a few times a week, Darr will be back in a bunker staring into the face of a teenage North Vietnamese soldier or running through a firefight in Khe Sanh.

“In my day-to-day life, I see Vietnam all the time,” Darr said. “This doesn’t leave you.”

Because PTSD was not formally diagnosed until the 1980s, many Vietnam veterans like Darr went without help for a long time, which made their symptoms worse and harder to overcome.

“When the Vietnam veterans came out we seemed to be pretty unaware of the psychological consequences of combat,” Purvis said.

Krueger said because they are getting treatment at a younger age, veterans of Iraq and Afghanistan might have a better chance of overcoming PTSD than the veterans of previous wars.

Younger veterans have fewer additional health problems, and because they are being treated earlier for PTSD, fewer structural changes take place in the brain that compound the problems, Krueger said.

“The sooner we can intervene, the better,” he said.

The military now also acknowledges the need for mental health services. Families and soldiers are educated about PTSD, and there are more support services both before and after soldiers go to war. The military screens soldiers for mental health problems during combat, and they have critical stress units on the ground in Iraq.

Krueger said doctors and the military today also realize that the methods of individual deployment and lack of time for adjustment back to civilian society during the Vietnam era affected soldiers’ mental health. Veterans of the Vietnam War also came home to an unwelcoming society and felt isolated and rejected, something that contributed to the development of PTSD.

Purvis said he thinks these differences may mean that younger veterans will have an easier time overcoming PTSD.

“I think we’re trying to do a number of things to help the younger veterans because of the lessons learned from Vietnam,” he said.

Problems still exist

But, there is still a stigma associated with mental illness, both in the military and in civilian society, that prevents some veterans from getting help for mental health issues.

Both Clark and Darr said they tried to deny that they had a problem in the first place, a common response in veterans with PTSD, and both men said many of their friends claim there is nothing wrong with them even though they suffer from many of the symptoms of PTSD.

“They often think they’re the only ones who are affected that way,” Krueger said.

Clark said he realizes now that he isn’t alone and the help he has received at the VA has helped him with his symptoms.

He is less irritable with other people and realizes he doesn’t have to constantly be on alert, but Clark said he still suffers from occasional nightmares and anxiety.

“I don’t know if it goes away or not,” he said.

But, Purvis said that if veterans get help soon enough and they receive the proper care, they can overcome PTSD.

“I think you can put a great deal of it behind you,” he said.

What PTSD sufferers can do

How to get help:

People who suffer from PTSD should see a therapist to help them deal with their symptoms. Veterans can call the VA Health Benefits Service Center at (877) 222-VETS to find the closest VA Hospital or Veterans Center.

Help in WNC:

Veterans who want help at the VA Medical Center need to get into the VA system. They can do that by visiting admissions at the VA hospital. For emergencies, veterans should go to the emergency room. Veterans need to prove their eligibility for services by bringing a copy of their DD214. The Asheville VA Medical Center is at 1100 Tunnel Road. Veterans can also call the hospital at 298-7911.

Veterans also can visit the Veterans Center in Greenville, S.C. The Veterans Center does not require any paperwork and accepts walk-ins. For more information, call David Hollingsworth at (864) 271-2711. The Vet Center is at 14 Lavinia Ave., Greenville.

On Wednesdays, Hollingsworth comes to the Pardee Health Center in the Blue Ridge Mall in Hendersonville.

For more information, call 692-4600. There are group sessions at noon and 6 p.m. Individual counseling is available by appointment. There is also a spousal support group that meets once a month.

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Marine Served, Waits for Help

May 20, 2007 – MALTA, New York — Mark Gansky graduated from Watervliet High School in 2003 at 197 pounds with 3 percent body fat. The clean-cut kid used to jog three miles almost daily while carrying a 75-pound vest. He joined the Marine Corps that September, fulfilling an uncle’s early prediction.

“I was a monster, and I was all in shape,” Gansky said.

But four years later, he’s immobilized and unemployed, living in a Saratoga County apartment he shares with his fiance, Amanda Stenzel-Stamer, 22, and their 3-year-old daughter, Zoe-Jane Cruz.

Gansky wasn’t wounded in Iraq or Afghanistan. The 21-year-old former wrestler was injured by a different kind of “friendly fire” — the U.S. military’s health care system — from what he calls a faulty medical operation. He’s finding it hard to get back on his feet.

His ongoing 20-month plight typifies how it’s become harder for disabled and wounded vets to find timely care and benefits. The normal red tape has been stretched because of a backlog of claims, many from veterans of new wars, a federal funding freeze and staff shortages.

Searching for help

The Bethlehem native was sent to Okinawa in March 2004 as an ammunition technician. He was helping clean up the Marine base there on Sept. 28, 2005, when he felt a twist in his torso that resulted in a big lump — a hernia.

During an operation that night, a Navy doctor on the Okinawa base struck two nerves in his right groin, Gansky said. The surgeon made a last-minute decision to remove a lymph node in the groin, and by nicking the nerves, caused a painful condition called neuropathy, he said.

The operation forced Gansky into a medical discharge. Since then, the former corporal traveled from military medical facilities in Japan to medical specialists across the United States. No one’s been able to repair the damage, he said.

Gansky, who returned to the Capital Region in August 2006, can no longer work, exercise or concentrate. He can’t bowl, or even wear blue jeans. Gansky, who takes prescribed pain killers, has gained 40 pounds and has lost his confidence.

“I’m not who I was,” Gansky said recently, sitting on his couch in a T-shirt, sneakers and sweat pants for comfort. His medical history is documented in hundreds of records he keeps in his Ballston Lake apartment.

Among the paperwork is Gansky’s application for disability benefits he submitted to the U.S. Department of Veterans Affairs in Manhattan in September to compensate for lost wages. Veterans’ disability claims are handled through VA regional offices, which are separate from VA hospitals that provide health care.

Eight months later, there’s been no decision on his claim and he has no reason to think one is coming soon. As do many veterans, Gansky must wait longer for benefits.

Crunch at the VA

Since 2003, the VA’s claims system has become increasingly strained under a large and unexpected increase in disability filings from Afghanistan and Iraq veterans, and flat federal funding for hiring processors, a March study by the U.S. Government Accountability Office says.

Other factors, like expanded eligibility for claims and an aging federal work force, also have led to a backlog of benefit requests. Pending claims jumped 40 percent between 2000 and 2006, government figures show.

In New York, in general, continuing Iraq casualties have lengthened claims processing, said Gerry Ladouceur, a veterans counselor at the Stratton VA Medical Center in Albany.

Ladouceur agreed to share findings recently disclosed by the VA’s claims office in Manhattan, whose representatives did not respond to requests for an interview.

Ladouceur said a veteran’s disability claim before 2000 generally took no more than four months to wind its way through the system, and often just weeks. It now takes an average of 287 days, and longer for those who weren’t wounded in Iraq or Afghanistan, he said.

The Manhattan VA office employs more than 100 claims processors, but in the last year, 44 have retired, each with more than 30 years’ experience, Ladouceur said.

The VA hired 28 replacements with no experience, who require years of training, he said. President Bush has requested more than 450 new full-time claims processors for the VA in his fiscal 2008 budget, the GAO says. But even a well-funded program in New York would need at least a year to get new employees up to speed and get claims moving, Ladouceur said.

“Time is really the biggest thing for these vets, especially the ones living with no income,” he said. “They’re panicked. These are guys with jobs and families who were productive members of society, but now they can’t work because of their service to their country.”

Estimates by the GAO and VA on how long it takes to get a disability claim decision are low, said Matthew Tully, a Colonie lawyer who specializes in VA issues and who served in Iraq with the New York Army National Guard. He said some New York vets are waiting 12 to 18 months.

Wounded veterans must endure a grueling series of interviews, medical checkups and paperwork before finding out if they qualify for benefits, Tully said.

“It goes without saying there’s a crisis,” Tully said, but he stressed that the VA’s main troubles were in its claims bureaus, not in its hospitals.

‘Pain is so long’

But that hasn’t been Gansky’s experience; he blames military doctors for his nerve disorder and the VA for not healing the problem.

Gansky said after the 2005 operation, Navy doctors prescribed six months of Percocet to dull his pain, and his commanding officer placed him in a very limited office job. But for a kid like Gansky, who never drank alcohol in his life, the medication was overwhelming and, he says, accomplished little.

He was sent to military doctors in California in March 2006. They tried nerve injections and shot radio frequencies into his groin to deaden the injured nerves. The procedures failed, and the discomfort returned.

Neither the VA nor the Navy publicly discuss individual medical cases, and both declined comment.

“The pain is so long, just there,” Gansky says. “Nothing I do makes it go away. It feels like squeezing, pulsing, cramped.”

By the summer of 2006, Gansky returned to Japan a disgusted man. He agreed to a medical discharge and came back to upstate New York.

But Gansky has yet to find the recuperative surgery he seeks.

In November, doctors at the Stratton VA Medical Center replaced a mesh bandage inside of him, Gansky said. He and his family are sick of Band-Aid approaches. They want a solution.

“You just can’t fix it with pills and shots,” Gansky said.

He last visited Stratton on May 2. He said doctors told him there is too much scar tissue in his groin to operate again right now, and they prescribed a painkiller called Ultram and sleep medication that he’s taking.

Gansky and Stenzel-Stamer are getting married next month. The wait for his disability benefits has been devastating for the family, which, like most young couples, is facing cost of living increases.

Stenzel-Stamer works overtime, 10 to 20 hours a week, at a center for disabled people. Gansky tried work as a telemarketer, but sitting in one place and occasionally getting up to signal a supervisor made it impossible for him to continue. Suing the military is out of the question because he signed waivers prior to his initial surgery on Okinawa.

“I can’t believe people are being sent to war all the time, and they love them when they are at war, but when they come home, they don’t care about them anymore,” Stenzel-Stamer said.

Gansky doesn’t regret joining the Marines Corps, but he looks to the future with a heavy dose of uncertainty.

“My plan, my goal, was to get out of the Marines, finish college and start my own gym, be a personal trainer,” Gansky said, sitting on his couch. “As of now, that’s done.”

Dennis Yusko can be reached at 581-8438 or by e-mail at dyusko@timesunion.com.

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