-Caveat Lector-
U.S. Court of Appeals says veterans not guaranteed health care
8.53 p.m. ET (054 GMT) August 10, 1999
By Mark Pratt, Associated Press
COLUMBIA, S.C. (AP) � A federal appeals court has dismissed a
lawsuit by a veterans group that said the government broke its
promise of lifetime health care benefits for those with 20 years
of military service.
The U.S. Court of Appeals dismissed the lawsuit Monday, saying
retirees do not have the absolute right to medical and dental
care, but they may be given the service subject to availability.
A message left with the Justice Department seeking comment was
not returned.
The 9,000-member Coalition of Retired Military Veterans can
ask the Court of Appeals to reconsider, appeal to he Supreme
Court or resubmit the lawsuit, said chairman Jim Gunn.
"We're not asking for anything except what we earned,'' Gunn
said. "We're not freeloaders. We just want what we were told we
had when we signed up.''
Gunn, a 68-year-old Korean War veteran who won a Purple Heart,
said numerous military and Coast Guard recruitment brochures
promised lifetime health care and dental benefits to personnel
who serve at least 20 years.
He says the promises were inducements to sign up.
In recent years, retirees have had their access to free care
at military hospitals trimmed by budget cuts and base closings.
Retirees are urged to join an HMO-like system with an annual
premium. They drop out of the program once they reach 65 and are
eligible for Medicare.
In siding with the Justice Department, the appeals court said
military regulations never provided for unconditional lifetime
free medical care or authorized recruiters to promise care as an
inducement to joining or staying in the military.
The court said the decision to provide medical care to
military retirees should be up to Congress and the resident, not
the courts.
A district judge had dismissed the lawsuit in 1997.
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