Previously I mentioned how I was outraged to learn that the VA Tries To Misdiagnose Veterans by advising mental health employees “refrain from giving a diagnosis of PTSD straight out. Consider a diagnosis of Adjustment Disorder, R/O PTSD.” Well this was because Adjustment Disorder is “non-compensable” according to Gordon P. Erspamer of Morrison & Foerster’s San Francisco office.
Mr. Erspamer represented Veterans in an action that just concluded with a bench trial May 1, 2008. The email was not leaked until May 15, 2008. So as any good lawyer would do, Mr. Erspamer inquired with the Department of Justice as to why the relevant email was not disclosed in discovery. James J. Schwartz, Senior Counsel with the U.S. Department of Justice, Civil Division, Federal Programs Branch replied,
“VA’s response to the March 20, 2008 e-mail, at both the local and national level, demonstrates that the psychologist’s communication is not reflective of VA’s policy regarding diagnosis of PTSD.”
Unsatisfied Erspamer wrote to U.S. District Judge Samuel Conti. Here is the letter to Judge Samuel Conti.
My investigation has led me to believe the email was written by Norma J. Perez, not a licensed psychologist. I don’t quite know what to make of it yet.
The case is Veterans for Common Sense, et al., v. Peake, et al. (N.D. Cal. 3:07-cv-03758-SC)
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