Resolutions

Resolution Number ANAL07.15

Pre-Existing Mental Condition

WHEREAS, numerous cases of denial of claims of mental disability by virtue of combat injury are being classified as “pre-existing mental conditions” by the Military Departments and the Department of Veterans Affairs, and that by accepting the judgment of “pre-existing mental condition” the service member is forgoing future benefits often not understanding the extent to which such benefits will be denied; and

WHEREAS, at the time of enlistment the same service members were judged fit for service by the recruiting agency of the parent service; and

WHEREAS, the people of the United States desire that all returning service members be afforded all of the treatment and benefits they have justly earned;

THEREFORE BE IT RESOLVED, that the California Democratic Party calls upon the Congress of the United States to establish by law, under its authority in Article 1, Section 8 of the United States Constitution, that acceptance for service of any recruit by the Military Department renders such future judgments of “pre-existing mental condition” moot, and that treatment and other benefits shall not be denied to those returning service members on that basis; and

BE IT FURTHER RESOLVED, that the California Democratic Party forwards this resolution to the California Democratic members of Congress with a demand that they immediately sponsor legislation to this end, and that they pledge to shepherd it through Congress at the earliest possible opportunity.

Submitted by California Democratic Party Veterans Caucus

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Adopted by the Executive Board
Of the California Democratic Party
At Its Executive Board Meeting
Sheraton Hotel, Anaheim
November 18, 2007