House Subcommittees Probe Mishandling of Veterans Disability Claims
March 5, 2009 by John Allen · 12 Comments
VA Inspector General: “Had we not discovered this situation, some veterans claims may have languished with no action or been inappropriately denied.”
Washington, D.C. – On Tuesday, March 3, 2009, the House Veterans’ Affairs Disability Assistance and Memorial Affairs Subcommittee, led by Chairman John Hall (D-NY), and the Oversight and Investigations Subcommittee, led by Chairman Harry Mitchell (D-AZ), conducted a joint hearing on “Document Tampering and Mishandling at the Veterans Benefits Administration.”
Since October 2008, the Veterans Benefits Administration (VBA) of the Department of Veterans Affairs (VA) has come under fire for three specific problems: misdating of claims at the New York Regional Office, shredding documents wrongly placed in shredder bins, and denying widows survivor benefits. The hearing focused on the changes put in place by VA to address these problems, return integrity to the disability claims processing system, and regain the trust of veterans.
“In the last few months, we have tracked a problem brought to our attention with misdating of claims information at the New York Regional Office,” said Chairman Hall. “This situation was a clear attempt by managers to fudge performance numbers. The incorrectly entered data made the regional office look like it took fewer days to process claims than in actuality – yet still beyond acceptable levels to me, or to most veterans. Although veterans were not directly harmed by this practice, since the effective date of a claim was logged correctly in a different system, perpetrators of this kind of dishonestly impact the entire veteran community’s ability to trust the institution charged with its welfare. This is shameful!”
After conducting site visits to several other regional offices, the VA Office of Inspector General (OIG) issued a report on February 27, 2009, entitled “Review of VA Regional Office Compensation and Pension Benefits Claim Receipt Dates,” which is available at this link: OIG Report. The OIG found that “the claim date inaccuracies were mostly unintentional errors” at the other regional offices. Assistant Inspector General for Auditing Belinda Finn stated that “the errors we reviewed did not cause any veterans or their beneficiaries to receive incorrect or delayed benefit payments.”
The Subcommittees also addressed the OIG mail room audit which found documents inappropriately placed in shredder bins – documents necessary to process claims as well as documents that should have been retuned to the veteran. Deputy Under Secretary for Benefits Michael Walcoff testified that VA took immediate actions in response to preliminary reports, which included a temporary cessation of shredding until it was able to relocate all shred bins and equipment to VBA management offices and inventory all claims-related mail or original supporting documents.
Additionally, VA instituted new policies on shredding that require two signatures on papers to be destroyed. Walcoff said, “This effort identified 474 documents affecting benefit entitlement inappropriately placed in shred bins for disposal. These 474 documents and the 45 documents indentified by the OIG were found at 41 of our 57 regional offices and centers.” VBA also developed an 8-point plan of action to strengthen policies and procedures to safeguard veterans’ paper records.
That plan is detailed here: VBA 8-Point Plan of Action
Assistant IG Finn testified that the extent of the inappropriate claim-related shredding cannot be determined and also noted that lack of controls at the various VBA regional offices (VAROs) contributed to the mishandling of claims. Finn further stated,
“VBA officials also said that some VAROs held ‘mail amnesty’
periods to encourage employees to turn in unprocessed mail and other documents without penalty or repercussions. During an amnesty period in July 2007 at VARO Detroit, VARO employees turned in almost 16,000 pieces of unprocessed mail including 700 claims and 2,700 medical records and/or pieces of medical information. The VARO determined that none of these claims or documents were in VBA information systems or associated claim files. VBA management told us of similar amnesties at other VAROs, such as an amnesty at VARO New York in December 2008 that recovered 717 documents from VARO employees.”
Chairman Mitchell expressed his strong reaction to this news.
“Obviously we are going to have to get complete information from VA about these amnesties, but it is impossible not to be shocked by the numbers from Detroit,” said Chairman Mitchell. “Shredding documents, or burying them in the bottom drawer, are a breach of trust by VA. Whether that breach of trust comes as a consequence of inadequate training or negligent or deliberate behavior, Congress much not and will not tolerate it.” Chairman Hall indicated that staff for the Subcommittees would be following up on this information and Deputy Under Secretary Walcoff promised the VA’s full cooperation.
The Subcommittees also discussed survivors’ benefits for widows. Over the last twelve years, VA’s mistaken interpretation of the law resulted in approximately 50,000 surviving spouses losing millions of dollars in benefits or having the Department of the Treasury seek restitution from them for an overpayment. The VA has developed an action plan to correct this series of errors and produced a timeline for this action plan, which should be finalized by April 2009.
“The misdating, shredding, and glitches that the media recently reported are only the tip of the iceberg,” concluded Chairman Hall. “I have heard too many accounts from veterans and their survivors about missing, lost, or destroyed file, and VA sending them multiple requests for information and still not knowing the location of a file. A lot of VA employees touch a claim folder, but rarely is anyone held accountable or responsible when it is lost or destroyed. This is absolutely unacceptable. I have been on a track to modernize the VBA’s out of date claims processing system. I envision VA as an Agency that we as a nation are proud of in the way that it serves the welfare of our disabled veterans. When it comes to discharging those responsibilities, shameful acts are what should be archaic practices.”
“I understand the confusion and the anger in the veterans community after hearing that more than 16,000 documents turned up in ‘mail amnesty’ at a single regional office!” commented Bob Filner, Chairman of the House Committee on Veterans’ Affairs. “Today is a new day at VA, with a new President and new leadership. I am confident that Secretary Shinseki is committed to helping our veterans and will take immediate action to address the record-keeping problems raised today! This is where new approaches to leadership are crucial and accountability, along with proper oversight, is essential.”
Let’s hope that this actually does indeed start to repair the crumbling mess that is the VA for all Veteran’s and families. This is truly appaling at it’s scope and impact on us.
Further, I want these people held accountable for these acts, I just can’t wrap my head around this…this is criminal…those responsible should be prosecuted and brought to justice.
I just shudder to think of how many Veteran’s through the years have been denied claims or benefits from these types of actions. When I hear veterans fighting the VA for decades for their benefits I feel physically sick for them.
I have watched the Congressional Hearings on this, and unless they are great actors, some of the members with influence are NOT impressed at all with these actions, nor should they be.
It’s going to be interesting to see how far this goes in the investigation and what criminal charges are brought forth (if any) upon the VA Leadership. Personally, I could care less if they are severely fined or imprisoned for this behavior…
Thank you for your article. I am glad that this is coming out in the open. I was recently terminated from my job at the St. Louis VA Regional Office as a Claims Assistant.
While I was working here I notice that all evidence received was not being entered into MAP-D for the Veteran. Only protions of the information was entered and then forwarded up to VSR’s for development. On a regular basis I would have employees tell me that we do not have time to enter all this information. My response and action was if it came across my desk, I entered all information for the Veteran.
Now I am fighting for my job back and on March 26, 2009 I go to mediation to confront the individuals who terminated me for no reason other then the fact that I was attempting to do “the right thing”.
I have no faith in the VA System and will continue to voice my communication until it changes. I loved the job I did for the VA and I continue to apply for positions in order to hopefully make a difference again.
Sincerely,
Denise Johns
From ST. Louis MO.
no exactly working Federal Service Brac came I had to train a much higher GS level person well liked not suspecting I a Disabled Veteran was RIF’d. EEO what is it or what is it supposed to be doing? Does the Whistleblower Act aply? Will close best of luck!
I think your letters and comments about the short comings of the VA should be sent to JESUS! Since no one on this planet seems to have the cojones to effectuate any real changes in the way the VA continues to screw up.
It was a year or so ago when Nancy Perez in Texas, told her adjudicators NOT to show PTSD as the veterans disability, but a personality disorder instead, since that is not compensable as service connected. She, (Nancy Perez) unlike Elvis, has never left the building. This happened on the last watch, we will see what the new watch commander
does when he get his feet wet, Erik Shinseki.
If there are no significant deterrents for poor work, what in Gods name makes you think there will be any motivation for change. There are an awful lot of good, dedicated,
ernest, deserving people working for the VA, but they can’t do it all.
The VA system is designed to operate at a 58% effectiveness level. It’s called, “job security”. It punishes people who speak up about the systems deficiencies.
God. I don’t have your mailing address, can you please get this to your son?
Dave Culmer, 20 year career Marine, Los Angeles
i think that the time we serve in the military laying out in the cold on duty 24 hours a day, but the minute we get severance pay and get out and later find that some of those action that we indure in the military has cause us to become disable in some form but yet we have to pay back ssb or vsi. so we did’nt ask for prepayment if we had lost our liife during the conflict that some of us has been through and i will tell you now i will inform everyone that will listen the media the public and fellow vets that has just given up, the purpose of disability is to help the soldier that fought for everyone freedom without thinking that he or she would be mistreated later, just like the vietnam vets and proably the iraq vets.
I have filled three times in the past 15 years for disability, and all I get is it takes up to a year or soo. And then everytime after a couple of years I get well we dont have your paper work so you must not have filed. This finally being brought out, and people stepping up and saying something wouldnt the VA owe people like me lost years of disability? If anybody knows anything please e-mail me at hubba_dubba@yahoo.com
Hey Michael,
Welcome to the club. I asked for treatment for PTSD in Jan 1986 and they didn’t answer my letter. Which was a claim. I was wounded in Viet Nam 1967 and since I didn’t ask for it in the year I got out they claim my date of entitlement is April 2005. Which is bullshit.
The Law states that service compensation starts at the date of claim or the date of entitlement, whichever is later. Since I was shot in Viet Nam, my date of entitlement is the day I was released. So I am in the process of going to the Veterans Court of Appeals. You have to stay on them. Write to your congressperson to inquire in your behalf and I bet they stop acting like they lost your claim. At the least tell the VA you want a copy of everything in your folder. Good Luck.
Daniel
1967 Viet Nam Vet
My spouse has been fighting the VA for a percentage increase in his disability compensation for over 2 years and now I found out that it may be this time next year before a decision is made. All of this waiting because a hearing, so called specialist, at VA at Jefferson Barracks in Missouri, said he was uncooperative because he wouldn’t push a button when he heard the sound. He didn’t push the button because he didn’t hear the sound. That’s what we are telling them, his hearing is worse than 60%, but they just keep on dragging it out so they don’t have to pay him the few more bucks that he is entitled to. Wish someone could help push this through.
I can’t believe this is coming out in the open. My brothers benefits were cut off in September, 2007 and since that date, he has received none. I have sent the required information in time after time to Milwaukee Wisconsin and I have been met with the response that the information is not timely or not complete so he will not – even if it approved, receive benefits from the time they were discontinued. His benefits will only be looked at from November of 2008 (which is more than 1 year after the initial problem). He had only been receiving his benefits one year when they were discontinued. He currently is living in a group home, needs aide and attendance and the VA will not even write to me. When I call the call center, I am always met with “case is still pending” We are talking about a time of almost two years here. Could someone please help. I am fearful that information sent was schredded or thrown out. The most recent things I have mailed were certified, but I still can’t get any response. Could someone please help?
Are there any legal VA Health Organizations listed to expedite pensions for veterans? I have heard of a company who is getting VA pensions quickly for veterans in group homes for a portion of monthly VA pensions and have to stay with the agency for at least a year. Is this legal?
I don’t have any more confidence in Secretary Shinseki and and the the new president halfbreed obama than any other that has been in charge of the VA in the past 40 years. You walk into any VA center and see the posters that read that you have served your country and now it’s time that we served you, what a crock of SHIT. You may get 10-15 minutes of there time every six months or so. You get turned down every time you file a claim, no new info. They have the info that you need but won’t let go of it or have thrown it away. I have been trying for three years to get my medical records in NC to no avail. They don’t have them ,we can’t find them, it must not of happened, can you remember someone that can verify your claim. DAMN I normally don’t remember what happened yesterday. THE VA SUCKS AND THEY WANT TO PUSH HEALTH CARE ON THE PUBLIC, GOD HELP US ALL
S/F ROGER FLEMING RVN 68-70 USMC 1st RECON BN.
The VA is now doing drug tests without Veterans or Troops knowledge using Med/Pain Contracts.
Medication/Pain contracts is the VA’s sneaky way to justifying drug tests behind your backs. If you need pain pills or narcotics to make your day bearly tolerable, the VA now has a myriad of medication contracts & legal forms, slick stuff, they made used car salesmen proud. Basically saying if you don’t let us D-Test you we can deny your pain meds. So if someone puts a pee bottle in front of you and saying they were testing your liver and kidney,etc. And you earlier refused to be drug tested, wouldn’t sign their forms. many times they do it anyway. Strong chance you’ve been drug tested and you don’t know it. Here’s why their doing it. Around 15% to 20% of Vets coming back from Afghan/Iraq are Heroin/Pain Pill Addicted, so VA/Military is using Pain Contracts & D-Tests to sweep these troopies up, A lot of Pot Smoking only Nam Vets also being swept up also. Be Careful! Read these medication contracts closely, by law you can refuse to sign them, but VA has taken a VERY HARD stance on Med Contracts and if you complain about what you consider to be a illegal D-Tests, staff will circle the wagons on you possibily set off your PTSD and then portray you as being a screwed up Vet, possibily dangerous, restrict or stop your useage of local clinics and try to document you into a highly restrictive security enviroment at VA Hospial (they have a 6 tiered Red flag system they put in your e-records for various infractions, an outburst, you get a Red Flag, a phone outburst gets you a Red Flag on your e-charts. So staff immediately sees a Red Flag on your e-records and are alerted that VA has determined because of outbursts,etc. you are deemed a potential threat to staff and veterans. So when you visit your local VA Hospital for a clinic appointment you’re being monitored at every clinic you go to including picking up your meds. You have a right to request what Red Flags are on your Charts. They keeps you from being blindsided by a nasty employee, when all you wanted was protection of our Constitutional Rights of the 1st Amendment(Freedom of Speech) & 4th Amendment Right of (Unresonable searches and seizures) taken away……..Rights we all fought for!
Taken Away!……Its Time To Stand UP & Say This Med/Pain Contracts Are A Violation of our 1st & 4th Amendment Rights. To Protect Yourself, request a copy of your medical records from patient rep., all records especially in periods where you did your physicals or had blood work. If they did a illegal test, it will be in there. Its Free and your right to see all of your medical and other records per Freedom Of Information Act (FOIA), Its FREE and Your Right!, they can’t deny you. US All They Way!………Nam 70-71……..This Is BS!
“Around 15% to 20% of Vets coming back from Afghan/Iraq are Heroin/Pain Pill Addicted”
Where exactly are you getting this information from? Or are you just making it up to make your story sound better, or trying to prove a point?
Please, produce the data that supports this.