- WASHINGTON (CNN) -- A federal
appeals court Tuesday ruled that the U.S. government does not owe free
lifetime medical care to World War II and Korean War veterans who agreed
to serve 20 years in exchange, despite promises made to them when they
were in the armed forces.
-
- The ruling represents a victory for the federal government,
which had argued the veterans were not entitled to the benefits. The ruling
will potentially save the government billions of dollars in health care
costs.
-
- In the opinion issued Tuesday the Court said that action
taken this year allows for free care in the future, but that the government
is not obligated to pick up the medical expenses incurred from 1995 to
2001.
-
- "Because [the law] at most authorizes space available
treatment and not free health insurance for life, we hold that the Air
Force Secretary lacked the authority in the 1950s when plaintiffs joined
to promise free and full medical care," the Court majority said.
-
- The majority of judges, however, clearly seemed sympathetic
to the veterans against whom they ruled.
-
- "We ... can do no more than hope Congress will make
good on the promises recruiters made in good faith to plaintiffs and others
of the World War II and Korean War era from 1941 to 1956 when Congress
enacted its first health care insurance act for military members, excluding
older retirees," the court majority said.
-
- In an emotional dissent four judges sided with the veterans.
-
- "If Congress can appropriate billions for this aspect
of national defense and not know how it is accounted for, then God save
the Republic. Of course Congress knew; of course the service secretaries
authorized promises in return for service; of course these military officers
served until retirement in reliance, and of course there is a moral obligation
to these men," read the dissent.
|
