The Veterans Administration - Bureaucracy for the Sake of Bureaucracy

I intended that my first visit with you after arriving at our “Forever Home” would share some of the joys of remodeling and country living and how much I missed Pogo’s Place Books during our relocation adventures.

Instead, I’m arriving with one more example of our country going to hell in a hand basket – a VERY SMALL hand basket.

Through Charlie Annenberg's wonderful Dog Bless You, I became aware of Luis Carlos Montalván and Tuesday, "the Golden Retriever who saved him", a story Luis tells in his book Until Tuesday: a Wounded Warrior and the Golden Retriever Who Saved Him. I must admit that I haven't read Until Tuesday - I'm just not ready for Luis' pain but I have read Luis' reports of day-to-day life with Tuesday.  A New York City bus driver refusing to allow them to board because Tuesday didn't have the right harness i.e. the type of harness used by guide dogs for the blind. As you can imagine, there are also local restaurants and stores that don't want service dogs on the premises and give them a hard time.  BUT THE VETERANS ADMINISTRATION! ! !

You thought the Americans with Disabilities Act (ADA) put all this to bed.  Wrong!  The Veterans Affairs and Defense departments don’t have to abide by ADA rules. VA operates on rules dating to 1994 that allow only seeing-eye dogs into VA facilities, but allow case-by-case access for other types of service dogs.

Here is the official report of former Capt. Montalván's visit to the Manhattan VA to pick up his prescriptions.

From: XXX
To: Luis Montalvan
Subject: Documentation of DOD Police assault
Date: Thu, 11 Aug 2011 10:49:33 -0400


LOCAL TITLE: NURS: PRIMARY CARE OPT NOTE
STANDARD TITLE: PRIMARY CARE NURSING OUTPATIENT NOTE
DATE OF NOTE: AUG 11, 2011@09:50
ENTRY DATE: AUG 11, 2011@09:51:33
AUTHOR: BELMONT, MARY EXP COSIGNER:
URGENCY: STATUS: COMPLETED

The following is a statement of an incident occurring on August 10, 2011 at approximately 1500 hours:

Veteran requested assistance following an assault by DOD Police Officers while waiting for medicine prescription refill in facility ground floor, Area B. According to Veteran and two employee witnesses, this Veteran was told by a DOD VA Police Officer to "leave the hospital" because his service dog, Tuesday, "did not have VA identification." This dog was, in fact, the first dog given the designation of "Service Dog" for a sighted Veteran through a special act of Congress.

The Veteran explained that the dog was clearly wearing the proper identication (sic) halter showing "Service Dog" and that none other was necessary. He asked the police officers to wait until he received his medicine before proceeding any further.

The officer returned with six other officers and Luis was again told to leave. The supervising officer was overheard to say "You know what you have to do" directing the police to forceably (sic) place Luis under arrest.

The Veteran was pushed to the ground, an officer knelt on the Veteran's back with one knee while handcuffs were applied. When told to stand, the Veteran responded "I cannot. I am disabled." The Veteran who uses a cane to walk was forceably (sic) pulled upright from the ground, taken to the first floor and placed in the Police holding cell. The service dog, Tuesday, was not allowed entry into the holding cell but was, instead, secured on a short leash outside of the locked room.

I was asked by Dr. Curt Dill, Chief, Emergency Services, to go to the Police holding cell to vouch for the Veteran, having been his OEF/OIF Case Manager from October 2009 through July 2011. I explained the importance of not separating the Veteran from the service dog to the police officer and was eventually allowed to enter the cell with the dog and Dr. Dill; we were then joined by Dr. Marion Eakin, psychiatrist. Dr. Eakin went to the Pharmacy to obtain the Veteran's medicines and rejoined us.

The Veteran had several new injuries to his skin including swollen, red wrists where the handcuffs had been applied, two open wounds on the right leg where the Veteran has a surgical scar and a scrap (sic) on his upper arm. Additionally, he was experiencing severe pain in his back, arms and legs.

The Veteran was released with an official citation for "disorderly conduct" and was accompanied by me to my office where he refreshed himself and his service dog before leaving at 1630 hours. Two employee witnesses came forward to validate that the Veteran was "handled roughly even though he was not resisting arrest."

/es/ MARY BELMONT, RN
REGISTERED NURSE
Signed: 08/11/2011 10:46

I'm certain that security issues at the Manhattan VA can be challenging. However, there are so many judgment issues detailed in Nurse Belmont's report there is no need to recount them.

On Facebook, VA NY Harbor Healthcare System is trying to respond to complaints about Captain Montalván's "alleged" assault with comments insinuating that there is more to the story than we know.  Sometimes at the bottom of a hole, it is just better to stop digging.

On July 28, Army Times reported, "The House is moving forward on a bill that would require the Veterans Affairs Department to allow service dogs on all VA properties. . . The House Veterans’ Affairs Committee’s health panel has approved HR 1154, the Veterans Equal Treatment for Service Dogs Act. The proposed bill doesn’t define the term “service dog,” but states that VA may not prohibit the use of service dogs at any VA-funded facility. A similar bill, S 769, is making its way through the Senate. Both bills have broad bipartisan support. But a VA spokesman said Monday the bills are redundant to current regulations."

Redundant - I don't think so.

What would I like to see happen.  In my fantasy, I would like to see the Director of VA Manhattan and the seven security officers publicly apologize to Captain Montalván and Tuesday.

I will settle for each of you contacting your Congress Critters and asking that this legislation be passed and sent to the President for signature.

Getting to know Luis and Tuesday has been a joy.   Besides all of the things Tuesday does to improve Luis' life, he is one of the most handsome canine fellows I've met.  Here are a couple more photos of Tuesday that make me happy. Please don't let Dixie know I've posted them.