Attorney General's News Release

May 21, 2008

$906,000 judgment obtained by Nixon will benefit Missouri veterans needing daily medical and skilled-nursing care

Kansas City, Mo. - The seven veterans homes operated by the State of Missouri, which provide 24-hour medical care and skilled nursing care for eligible veterans, will receive $906,000 under a court ruling obtained this week by Attorney General Jay Nixon.

The decision by the U.S. Court of Appeals for Veterans Claims found that the State of Missouri was entitled to that amount of reimbursement from the federal Department of Veterans Affairs (VA) for providing care at the veterans home in Warrensburg. In seeking the reimbursement, Nixon's office represented the Missouri Veterans Commission, which operates the seven veterans homes.

"At a time when those who honorably served our country in the armed forces face many challenges, it is vital that we ensure the services they need are available to make their lives better," Nixon said at a news conference today at the National World War I Museum at the Liberty Memorial in Kansas City. "This victory in court for Missouri veterans was a long time in coming, as the federal government denied our claims for seven years. I'm proud our perseverance on this case will benefit Missouri's veterans."

Nixon was joined at the news conference by representatives of Missouri and national veterans groups.

The Attorney General said reimbursement to the Veterans Commission could be used for several purposes to help veterans, including training and retaining support staff at the homes. In addition to the Warrensburg facility, the homes are located in Cameron, Cape Girardeau, Mexico, Mt. Vernon, St. James and St. Louis.

"The Commission is extremely gratified with the court's decision to compel the VA to pay the federal matching funds that were wrongfully withheld in 2000 and 2001 during the opening months of operating the Veterans Home in Warrensburg," said Hal J. Dulle, Executive Director of the Missouri Veterans Commission. "The Court of Appeals for Veterans Claims upheld the State's position that the home in Warrensburg was in substantial compliance with all VA standards and thus entitled to retroactive payment, which will used to continue to provide excellent skilled nursing care for Missouri's veterans."

The federal Department of Veterans Affairs partially reimburses the State of Missouri for the cost of providing long-term skilled nursing care for eligible veterans at the seven homes. At issue was the reimbursement Missouri was owed for care at the Warrensburg Veterans Home in the months after the home opened in 2000. The VA had refused payment and contended that the home was not in compliance with federal regulations, even though a prior determination by the VA had found that the home was compliant.

Nixon appealed the decision to the Board of Veterans Appeals, arguing that the VA was required to reimburse the Missouri Veterans Commission for the cost of care between Sept. 15, 2000 (when the VA made the initial ruling that the home was in compliance) and Aug. 3, 2001. The Board of Veterans Appeals ruled against the state in June 2005. The Attorney General's Office then appealed that decision to the U.S. Court of Appeals for Veterans Claims, arguing the case in Washington, D.C. in January of this year.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Communications Office.

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