Sounds like legal question. Ethically and morally they could/should be responsible, but you don't mention who was told, doctor, nurse or therapist... as in who is the 3rd party. Where are you quoting "duty to warn" from? Is that reference from VA or military? Two different bureaucracies. If the VA docs don't know, then they can't be held responsible.
I am guessing maybe not then. They should. It
Have to call and see
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