Rose, a former teacher who is now disabled, served in the Marine Corps from 1983 to 1994. The Gray man is now on 100 percent disability due to service-related injuries that affected his back, spine and legs and caused other complications that leave him in constant pain. He is also a diabetic.

Rose seeks personal damages of $100 million “for pain, suffering and extreme torment” since Nov. 1, 2016, “after being forced on pain medication taper on Oct. 15, 2016, as part of VA policies supported by (Roe).”

The civil rights violation lawsuit also asks for punitive damages of $250 million, with the amount to be placed in a trust to be used to provide free legal representation “to veterans and civilians being discriminated against by governmental agencies, medical and/or doctor offices and doctors to receive the best possible health care to include opioid-based medications for intractable pain” and education of doctors and the public of the need for opioids to treat certain conditions.

The case is pending, with no court dates scheduled. It has been assigned to U.S. District Judge Travis R. McDonough.

Rose acknowledges a “street drug problem” but also said pain medicines “have a place in society” for those whose quality of life is seriously affected when their medications are taken away or reduced.

“Many of (my) injuries were degenerative in nature with no current medical procedure available resulting in long-term Intractable Pain Disease,” Rose’s complaint states.

It claims that since October 2016, providers at Mountain Home VAMC have denied Rose and “90 percent of all veterans being treated there” all pain medications.

The policy is “genocidal in nature as it targets veterans,” according to the complaint, which was prepared by Rose, who could not afford a lawyer.

FLAWED POLICY?

Rose said he and other veterans with chronic pain issues should not be grouped with victims of the opioid abuse epidemic sweeping Tennessee and the nation.

“One size does not fit all,” he said.

The VA has embarked on a policy that focuses on alternative methods of treatment and gradually tapering off the prescription of opioid-based pain medications for many patients. The policy makes it harder for veterans and active U.S. military service members to obtain opioid pain medication.

The Department of Veterans Affairs and the Department of Defense released a new clinical practice guideline earlier this year for VA and military doctors that strongly recommends against prescribing opioids for long-term chronic pain, or pain that lasts longer than 90 days.

The new guideline is even more stringent than one released in 2016 by the Centers for Disease Control and Prevention.

The guideline recommends against long-term opioid therapy for patients under the age of 30. It also urges VA and military doctors to taper off or discontinue opioids for patients currently receiving high doses.

For Rose, that amounts to a life confined to his bed or recliner and the inability to care for his wife, who has cancer and a chronic heart condition.

“Every time I take a breath, it’s painful,” Rose said. “The VA used us as guinea pigs to come up with that policy.

“The VA’s version is even more evil than the CDC,” Rose added. “We are a nation in duress.”

The VA was contacted for comment on the lawsuit but had not responded to questions as of press time.

PREVENTED FROM SPEAKING

Rose alleges in the lawsuit that he was “kidnapped” by being forced to enter a police station against his will without being read his rights or being charged with a crime on July 3 as he attempted to address the policies with Roe, who was speaking at an event at Mountain Home VAMC.

The complaint claims Rose was illegally detained for more than 30 minutes by VAMC police, who denied him an opportunity to speak with Roe and other veterans at the event. In protest, Rose said he later sat in his wheelchair with his back to Roe as he spoke.

Government “has overstepped its boundaries simply due to the greed of a few elected officials,” Rose’s complaint states.

He maintains the government “has created a falsified opioid epidemic” not intended to protect citizens.

Elected officials, it claims, “are profiting in backroom deals with pharmaceutical giants and the rehabilitative industry.”

Federal employees, it alleges, “are not held accountable to the Americans with Disabilities Act.”

Rose said the reasoning behind his lawsuit is anything but frivolous.

“How frivolous is it to deny lifesaving medications which allowed this Marine a chance of caring for his family?” the lawsuit states. “How frivolous is it (that) this proud Marine is now regulated to a recliner and/or bed suffering excruciating pain after freely giving his body up for the protection of this great nation?”

The complaint requests an expedited jury trial. It names as defendants Roe, “Mountain Home VMAC employees,” Mountain Home Director Dean Borsos, other administrators, doctors on staff there, nurses, VMAC police Chief Jerry Shelton and other VAMC police officers and “two unidentified assailants wearing the uniform of VMAC officers.”

ROE STATEMENT

Roe, R-1st, of Johnson City, issued a statement Tuesday that addresses the VA policy. Roe is an Army veteran and chairman of the House Veterans Administration Committee.

“VA’s directive is based off CDC guidelines and encourages clinicians at the department to treat each veteran individually and involves creating a detailed plan, custom-tailored to the veteran, with the goal of reducing risk exposure for veterans taking opiates and benzodiazepines. It’s not a one-size fits all approach, but VA does have guidelines and toolkits for VA clinicians to follow,” Roe said.

As a doctor, Roe has treated patients with chronic pain and said he is listening to the concerns of veterans.

“I’m keenly aware of the devastating impact chronic pain can have on a patient’s quality of life. With that said, I also know there are many ways to manage pain, including the careful prescribing and monitoring of opioids,” he said. “While I support the goals of this initiative and applaud the VA for taking steps to curb dependence on opioids, I also have been made aware of many concerns from veterans that necessary pain management may have been reduced or eliminated too quickly.”

Roe said he “will conduct oversight through my position as chairman of the House Committee on Veterans’ Affairs as to whether the policy needs to be modified.”

Rose said his priority “will always be ensuring veterans have access to the care and services they have earned. I believe we can work together to combat the opioid epidemic, and that we can do so in a way that minimizes disruptions in patient care, but it’s going to require a careful and honest look at where we are and the challenges that lie ahead.”

LAWSUIT DETAILS

Elements of the lawsuit cover the years 2016 and 2017, with specific dates cited in some instances.

Rose states grounds for filing the case in federal court include violation of the First Amendment by being denied freedom of speech and violation of the Fifth Amendment, for a violation of due process that includes falsely entering into Rose’s medical record “opioid dependent” and requiring mandatory drug screens “without just or probable cause.”

The lawsuit also cites a violation of the Ninth Amendment “by placing limits on medically necessary, appropriate, properly administered and monitored medications” which deny “the pursuit of a quality life in the pursuit of life, liberty and happiness.” It cites a violation of the 14th Amendment “in that no state shall deprive any person of life, liberty or property” without due process of law.

The lawsuit claims that VA denial of pain medications to qualified veterans amounts to “promotion of genocide” against them, along with the elderly, cancer patients and the disabled. It additionally claims the VA policy is a violation of the Americans with Disabilities Act by denying “life-saving medications that allow a modicum of pain relief in order to accomplish basic human tasks.”

It also claims Roe, in his capacity of chairman for the House Veterans Administration Committee, engages in “profiteering off policies designed to force veterans to civilian pain clinics and doctors in a direct conflict of interests.”

The lawsuit claims violations of Rose’s Pain Management Narcotic Agreement entered in the medical record in Oct. 28, 2016, along with “libelous and slanderous statements entered into official federal medical records.”

The complaint also alleges violation of the Eighth Amendment “by inflicting cruel and unusual punishment on individuals who have broken no laws or charged with terrorist-like activities.”

Rose is confident he will prevail.

“I’m a Marine. We win,” he said.

‘ZERO’ QUALITY OF LIFE

Rose drove from his Gray home Monday to the federal courthouse in Greeneville to file the lawsuit. He was wearing an American flag pin upside down on his shirt, a sign of distress and imminent danger.

He said the effort involved in driving to Greeneville, taking a wheelchair out of his truck and going into the federal courthouse to file the lawsuit will leave him bedridden for several days.

Rose said he served in Italy, Spain and at Camp Leujeune in North Carolina, including two deployments to the Mediterranean.

During a training exercise involving climbing in Italy, Rose said he fell 60 feet backward down a cliff face into the Mediterranean Sea, suffering injuries to his spine, hips and legs. The injuries eventually resulted in his leaving the service.

Rose said the VA policy places fellow veterans suffering chronic pain who are denied appropriate medications in danger of suicide. Several recent well-publicized cases support his contention.

Rose said his last dose of opioid medication was administered on Dec. 29, 2016. His quality of life “is now zero.”

He hopes to find legal help to assist him with the case. Rose said he has received more than $1,000 in donations from other veterans and the public to help fashion the lawsuit filed on Monday.

Rose said he would never seek out illicit opioids to ease his debilitating pain.

“I’m not going to dishonor the Marines, and I’m not going to dishonor law enforcement,” he said. “Addicts chase death. We are choosing life.”