Tampa Bay Times: VA Mislead Congress, Public on Veteran Deaths | Veterans for Common Sense

During the ongoing investigation into the growing scandal of VA cooking the books on veterans’ healthcare access, disability claims denials, and medical research coverups, a new trend has emerged:  VA officials at every level lying to Congress, the media, and the public.

Such is the case in a story reported this week by the Tampa Bay Times (“VA Numbers on Treatment Delays were Misleading“, Aug. 1, 2014, William Levesque reporting).

According to the investigative report, the VA, “told Congress and the public in April [in a fact sheet] that the agency reviewed 250 million medical consultations, dating back to 1999, and found 76 veterans seriously harmed by treatment delays for gastrointestinal cancers. Of them, 23 died.”

However, the Tampa Bay Times investigation found that all of these cases were in fact in 2010 and 2011, not dating back to 1999, and data from 1999 to 2009, and 2012 to the present, have not yet been released, and VA officials tried desperately to stonewall the media investigating this matter.

According to the TBT article:

“They tried to misdirect Congress and the American people away from the facts,” said Rep. Jeff Miller, R-Pensacola, the committee’s chairman. “I think they got caught and now they are trying to modify their story. . . . The misdirection was, in fact, designed in Washington.”

….

The VA is embroiled in what might be the worst scandal in its history, with disclosures that hospitals across the nation engaged in rampant “gaming strategies” that hid delays in treating veterans and that some facilities tried to hide patient deaths.

Allegations have also been reported that the VA engaged in widespread whistleblower retaliation.

The Tampa Bay Times, based in St. Petersburg, Fla., is one of Florida’s largest print newspapers.  St. Petersburg is also home to the Bay Pines VA Medical Center and Florida’s VA Regional Office, also located at Bay Pines.  The Bay Pines VAMC had the 13th worst wait times in the entire United States, according to data in a recent VA Inspector General investigative report.

Read the full Tampa Bay Times article here:  http://www.tampabay.com/news/military/veterans/va-stats-on-consultation-delays-dont-reach-as-far-back-as-implied/2191157

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VA’s Claims Backlog Assertions Disputed During Tense Congressional Hearing | Veterans for Common Sense

U.S. Department of Veterans Affairs (VA) officials’ claimed to have nearly resolved the VA disability claims backlog during a Congressional hearing this week.  Those claims were widely disputed, not just by members of the U.S. House Committee on Veterans’ Affairs that held the hearing, but even by the VA’s own Inspector General.

According to a July 15, 2014 AP wire story (Matthew Daly, “VA Cites Progress on Backlog; Congress Disagrees“):

Allison Hickey, the VA’s undersecretary for benefits, told Congress that at the insistence of officials from President Barack Obama on down, the benefits backlog has been whittled down to about 275,000 — a 55 percent decrease from the peak.

Hickey’s claims were met with disbelief by some. Rep. Jeff Miller, R-Fla., chairman of the House Veterans Affairs Committee, told her flatly that he thinks the VA’s numbers are inaccurate.

“I don’t believe anybody at the table is telling the truth from the VA,” Miller said at a contentious hearing that lasted more than five hours Monday night. “I believe you are hiding numbers.”

Asked if she trusted numbers produced by VA, the agency’s assistant inspector general, Linda Halliday, said no.

“I don’t want to say I trust them,” Halliday said.

A July 15, 2014 Stars and Stripes article was even more critical (Travis J. Tritten, “House hears evidence VA cooked the books on claims backlog“):

Rep. Jeff Miller, R-Fla., chairman of the committee, said the VA manipulation of its backlog of veterans seeking disability and pension ratings by writing off thousands of unresolved cases is analogous to its health care facilities keeping secret patient wait lists to hide months-long waits.  It “created the appearance of success just like cooking the books on scheduling times,” he said.

….Over 7,800 of the unresolved benefit claims disappeared from the backlog after the VA issued what it called a “provisional rating,” a preliminary decision based on incomplete or outdated medical information in a claims file. It is a classification that requires additional work by VA staff to become a final disability or pension rating and cannot be appealed by veterans, the IG found.  ….VA then “lost control” of the provisional ratings cases, which were pushed further to the back burner, where they were ignored. Some veterans might never have received final rating decisions if not for the IG investigation, according to Halliday….

“When we find these individuals, you can rest assured I will respond quickly and take necessary actions,” Hickey said.  Miller and other members of the House Veterans’ Affairs Committee have said they are skeptical of such reassurances.

Rep. Dan Benishek, R-Mich., said repeated VA claims about the backlog are “baloney” designed to make the department look good while staff was actually hiding the true numbers.  “They are all concerned about numbers and not veterans,” Benishek said. “It is absolutely unbelievable to me that this is going on and nobody seems responsible for it.”

“At this point, I can say ‘No, I do not trust those numbers,’” Halliday said. “They need to be looked at very carefully, so I don’t want to say I trust them.”

A July 15, 2014 Fox News story took a different tact (“VA is making disability payment errors in rush to cut backlog, watchdog says“), but also reported on serious problems identified at various VA claims processing facilities:

Inspectors surveying Philadelphia’s VA benefits center in June found mail bins brimming with claims and associated evidence dating to 2011 that had not been electronically scanned, she said.

Inspectors also found evidence that staffers at the Philadelphia regional office were manipulating dates to make old claims appear newer. The findings are similar to problems that have plagued VA health centers nationwide. Investigators have found long waits for appointments at VA hospitals and clinics, and falsified records to cover up the delays.

In Baltimore, investigators discovered that an employee had inappropriately stored thousands of documents, including some that contained Social Security data, in his office “for an extensive period of time.” About 8,000 documents, including 80 claims folders, unprocessed mail and Social Security information of dead or incarcerated veterans, were stored in the employee’s office, Halliday said.

Kristen Ruell, an employee at the VA’s Pension Management Center in Philadelphia, told the committee that mail routinely “sat in boxes untouched for years” at the pension office. Once, after becoming concerned that unopened mail was being shredded, Ruell opened the boxes and took photos. Instead of addressing the problem, she said, VA supervisors enacted a policy prohibiting taking photos.

“A lot of the mail that should not have been shredded was shredded,” she said.

A July 14, 2014 USA Today article (Gregg Zoroya, “Report cites VA struggles with benefits paid to veterans“) reported even more details of the Inspector General’s reports that stand in sharp contrast to Benefits Undersecretary Allison Hickey’s pollyannaish assertions that all is well with “her” efforts to reduce the claims backlog:

Other mistakes or sloppiness cited by Haliday include:

— The VA failed to follow up with veterans granted temporary 100{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} disability pending improvement of their physical health. Investigators estimate this has resulted in $85 million overpaid since 2012 and could mean another $370 million wasted in the next five years,

— Other VA processing responsibilities have suffered because of so much emphasis on reducing the compensation backlog. The number of pending appeals of compensation judgments has increased 18{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} since 2011 to nearly 270,000.

— Federal law prohibits reservists and National Guard troops from receiving drill pay and VA compensation at the same time. But the VA has failed to check on this, resulting in $50-$100 million in overpaid compensation annually.

Halliday cites an assortment of other problems including thousands of pieces of undelivered mail languishing at an Indianapolis VA processing center.

Read the full VA Inspector General testimony here:  http://www.va.gov/OIG/pubs/statements/VAOIG-statement-20140714-halliday.pdf

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228,000 Veterans’ Claims Never Completed, then Dropped by VA | Veterans for Common Sense

A new investigative report by NextGov’s Bob Brewin (“Hundreds of thousands of VA disability claims not processed”) shows that at least 228,000 veterans’ claims have been dropped by the U.S. Department of Veterans Affairs (VA) because they weren’t completed in time.

The NextGov article details the challenges with the VA’s new online claims system, where claims for service-conected disability are easily initiated but difficult to complete, including the near impossibility of uploading voluminous scans of medical records required to complete the claim.

In all, only 140,000 of the 445,000 claims submitted through the new online system were completed by veterans, leaving roughly 300,000 incomplete — more than two-thirds all of those submitted.

VFW National Veterans Service’s second-in-command told NextGov, the new VA system “was not ‘well thought-out’ when fielded and ‘the whole system was not ready for prime time’.”

By contrast to VFW’s reality check, VA Undersecretary for Benefits Allison Hickey is quoted in the article as touting the new system when it was released in April 2013.  “Veterans can now file their claims online through eBenefits like they might do their taxes online,” Hickey is quoted as saying.

Hickey has been in the news a lot in the last year, including in an April 2014 Military Times expose where she was caught far outside her benefits lane meddling in medical research matters and trying to quash Gulf War veterans’ disability claims.  In a May 2014 Military Times expose, these same claims were revealed to have been denied by VA at an 80{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} rate — four out of every five.  Then in June 2014, she was outed in a Bergmann & Moore column as trying to block any new presumptive conditions for VA disability claims (“That will kill us!“, Hickey testified).

What’s not clear is whether this broken online claims system was another intentional effort by Hickey to block veterans’ new claims, as is the case with blocking Gulf War Ilness claims any any new presumptives.

What is clear, however, is that two out of every three veterans who began their VA claims through Allison Hickey’s much touted new online system were unable to complete them and are still waiting.

This time, however, they’re not waiting in yet another excessively long VA line, they’re waiting outside the system and when they’re ready to try again, they’ll have to start from scratch with a new date of claim that will save the VA millions of dollars in back compensation costs.

Because an approved VA claim is  the gateway to VA healthcare for a service-incurred condition, this will save the VA countless more budget dollars in the VA’s healthcare arm where Allison Hickey has already shown herself more than willing to inappropriately meddle.

Allison Hickey must be simply delighted to have found yet one more way to deny veterans the help they need so she can meet the overly politicized goals of staying within budget and reducing the VA’s claims backlog.

Read the full NextGov article on VA’s latest veterans’  disability claims foul play here:  

http://www.nextgov.com/defense/2014/07/exclusive-hundreds-thousands-va-electronic-disability-claims-not-processed/87808/

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Reno Dispatch: Veterans Advocates Weigh In on New VA Secretary Appointment | Veterans for Common Sense

An unusual new Reno Dispatch article by award-winning journalist and frequent veterans’ issues writer Jamie Reno, “Stepping Into The Fire: Veteran Advocates & Pols Sound Off On Obama’s Choice To Lead Scandal-Plagued VA”, provides an array of veteran advocates’ commentary regarding this week’s nomination of former Procter & Gamble executive Robert McDonald today as the next secretary of the embattled U.S. Department of Veterans Affairs (VA). Veterans for Common Sense Board member Anthony Hardie, “a Gulf War veteran and advocate who has spoken before Congress numerous times on issues related to veterans,” is quoted in the article:

“I think the last thing VA needs is another General or symbolic war hero. What VA needs is a complete Operation Cleansweep. I hope with Bob McDonald’s experience catering to stakeholders rather than employees that he will be able to clean house at VA and completely shift its focus. VA needs to be a service-oriented organization that goes above veterans’ expectations to serve and help and heal them, rather than continuing to work against so many of the veterans it is supposed to be serving in VA’s benefits, healthcare, and research silos.”

“To retain credibility,” Hardie added, “one of the first goals he must achieve is to utterly destroy VA’s current culture of delays, denial, and retribution against those who speak up and out.” 

Read the full article here:

http://therenodispatch.blogspot.com/2014/06/stepping-into-fire-veteran-advocates.html

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Tampa Bay Times Critical of VA’s “Electronic Wait List” Changes | Veterans for Common Sense

A new Tampa Bay Times article by journalist Bill Levesque, “VA rule changes eliminated thousands of veterans from waiting lists“, provides insight into the VA’s Electronic Waiting List (EWL) and its relationship to the current VA healthcare scandal.

The EWL was aimed at identifying veterans who had been waiting greater than 30 days for care.  Today, the EWL includes only those waiting longer than 90 days, three times as long as the original scope of the EWL.

Veterans for Common Sense Board Member Anthony Hardie is quoted in the article:

Some critics say the changes were a deliberate ploy by VA leaders to make this much-watched measure of hospital performance look better than it actually was.

“This looks to me like just one more of the VA’s gaming strategies that have been identified in the last year,” said Anthony Hardie, a Bradenton resident who is on the board of directors of Veterans for Common Sense, a nonprofit advocacy group. “It looks like VA leaders simply gave up on trying to fix the problem.”

According to Levesque’s reporting:

VA leaders have long known some hospitals used “workarounds” to make their books look better. “Workarounds,” a 2010 memo by VA leadership noted, “may mask the symptoms of poor access and, although they may aid in meeting performance measures, they do not serve our veterans.”

Read the full article here:  http://www.tampabay.com/news/military/veterans/va-rule-changes-eliminated-thousands-of-veterans-from-waiting-lists/2185509

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Veterans for Common Sense Lawsuit Proved VA Wait Times Led to Veteran Suicides

Image result for veterans for common sense v. shinseki

The Ninth Circuit Court of Appeals heard oral argument in Veterans for Common Sense v. Shinseki. Veterans for Common Sense, and co-plaintiff Veterans United for Truth, asked the Court to order the Department of Veterans Affairs to reform the way it deals with disability claims for post-traumatic stress disorder and traumatic brain injury. LINK: C-SPAN

(Washington) – In 2007, Veterans for Common Sense (VCS) and Veterans United for Truth and Justice, Inc. (VUFT), two veterans’ advocacy organizations, filed a class action lawsuit against the U.S. Department of Veterans Affairs (VA).  The lawsuit alleged that a severely dysfunctional VA system was delaying the healthcare access and disability claims of veterans with PTSD so badly that some were committing suicide while awaiting a VA decision.

In the original 2007 class action lawsuit:

  • Many veterans have committed suicide shortly after having been turned away from VA medical facilities either because they were told they were ineligible for treatment or because the wait was too long.” (p. 42, Item 172, 2007-07-23 – Full complaint)
  • Even where [VA mental health] services are technically available, [VA] acknowledged that “waiting lists render that care virtually inaccessible.” (p. 46, Item 187; also see Items 191, 192, 195, and 196, 2007-07-23 – Full complaint)

And in the 2011 9th U.S. Circuit decision:

Today’s VA healthcare crisis is neither new nor unknown to VA’s leaders, in part due to the lawsuit filed by VCS and VUFT.

The decision by the 9th U.S. Circuit Court of Appeals continues to have relevance to the current VA healthcare crisis:

1. VA knew about the delays in care and benefits, yet fought against the VCS court case.

2. The Courts documented the delays in care in benefits, including ascribing blame to VA. However, except for the initial 9th Circuit Court appeal victory in 2011, the Courts said the Court had no jurisdiction to reform and otherwise take over a severely dysfunctional VA.

In addition to the lawsuit, VCS testified before Congress several times about these issues between 2007 and 2010, helping to ensure that VA, Congress, and the public knew about these serious issues plaguing veterans seeking healthcare from the VA.

These serious issues continue.  In 2012 (FY12), 19,500 veterans’s survivors were being paid where the veteran had died while waiting for VA to make a decision on their disability claims. (Source: Center for Investigative Journalism reporting)

Today, solutions remain out of reach and veterans continue to die waiting for their VA disability claims and requests for VA healthcare to be granted.  Veterans commit suicide at a rate of 22 per day on average.

We as a nation can and must do better.

-Veterans for Common Sense, June 3, 2014

***

What was the VCS Lawsuit About?

Continue reading

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VCS In the News: Pekin Times Editorial | Veterans for Common Sense

VCS’s 2007 lawsuit for veterans was cited in this May 29, 2014 Pekin Times editorial, “Veterans need real support from Congress“:

In July of 2007 – during Bush’s administration, when Jim Nicholson was Veteran Affairs Secretary — Veterans United for Truth and Veterans for Common Sense (VCS) filed suit against the Department of Veterans Affairs, citing “decades of underfunding” as one reason the “VA remains mired in crisis.”

A federal court in 2012 acknowledged chronic delays and denials of treatment for Post-Traumatic Stress Disorder and other injuries by the VA, but nevertheless decided not to try the case. The Ninth Circuit Court of Appeals agreed, ruling that “Congress and the President are in a far better position” to address such issues, and in 2013 the Supreme Court also agreed, declining to hear the case.

The VCS reacted to that decision by calling on Congress to “make sure VA has the funding, staffing, laws, regulations, training and oversight urgently needed so no more veterans die while waiting.”

We’re all still waiting.

The cost of the wars in Afghanistan, Iraq and Pakistan together could top $4 trillion, according to Brown University’s Watson Institute for International Studies, but “lawmakers today are for some reason reticent about using the same credit card that funded the wars to adequately fund veterans’ health-care costs,” Goodman said.

U.S. Sen. Bernie Sanders (I-Vt.) on Sunday said, “We are going to need more funding if we’re going to do justice and provide the high-quality care that veterans deserve.”

 

Read the full article here.

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RT: Veterangate: VA ‘cooked the books’ for over six years | Veterans for Common Sense

 

The VCS lawsuit was cited in a May 28, 2014 RT news article, Veterangate: VA ‘cooked the books’ for over six years“:

In 2007, the veterans groups, led by Veterans for Common Sense, sued the VA and several top-ranking officials, claiming the agency “is failing to provide adequate and timely benefits and medical care,” the group said on its website.

“There’s a crushing caseload that the VA can’t keep up with,” Gordon Erspamer, a lawyer who represented the plaintiffs pro bono, told the San Francisco Daily Journal at the time. “You could easily wait 15 years before you get any treatment.”

A federal appeals judge later ruled against the class-action lawsuit.

Read the full article here.

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VCS In the News: Huffington Post – Firing Shinseki Will Not Solve the Problem of an Underfunded VA | Veterans for Common Sense

A May 23, 2014 article in the Huffington Post, “Firing Shinseki Will Not Solve the Problem of an Underfunded VA,” led with and discussed at length the 2007 VCS lawsuit against VA. According to author H.A. Goodman:

In 2007, the Veterans United for Truth and Veterans for Common Sense (VCS) filed a lawsuit against Erik K. Shinseki and the Department of Veterans Affairs. Acknowledging the chronic delays and denials of issues like PTSD and traumatic brain injuries by the VA, a federal court in 2012 still decided not to try the case. The Ninth Circuit Court of Appeals ruled that “Congress and the President are in a far better position” to address the myriad of issues faced by returning veterans. In 2013, the Supreme Court also declined to hear the case and in response, and the VCS issued the following statement:

Last year, the families of nearly 20,000 veterans were paid disability benefits after the veterans died. A shocking 18 veterans commit suicide every day. More than 12,000 veterans call VA for suicide prevention each month. During our nation’s worst economic disaster in 80 years, more than 1.1 million veterans still await VA disability claim decisions. Of those, 900,000 cases wait an average of nine months for a new or re-opened claim decision, plus an additional 250,000 cases wait four more years for an appealed claim decision… While our veterans wait, they remain unable to pay their mortgage or rent, and face great challenges feeding their families.

 The VCS also cited “decades of underfunding” as one of the reasons the “VA remains mired in crisis.” The VCS concluded its reaction to the Supreme Court’s decision by calling for Congress and Mr. Shinseki to, “make sure VA has the funding, staffing, laws, regulations, training, and oversight urgently needed so no more Veterans die while waiting.”

The fact that federal courts have placed the responsibility for this dreadful state of affairs upon the shoulders of lawmakers highlights the nature of this problem: it’s the fault of Congress. In 2002, the U.S. Office of Management and Budget estimated the cost of the Iraq War to be $50 to $60 billion. According to Brown University’s Watson Institute for International ….

Read the full article here.

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Representatives Vote against Veterans | Veterans for Common Sense

Originally posted at Florida Veterans for Common Sense

Columnist Jeremy Wallace wrote a column in the Herald Tribune on Sunday, July 7, 2013 arguing that Rep. Buchanan and Rep. Rooney did not vote against veterans when they voted against an amendment to the VA Budget bill. The amendment would have added more claim processors to work down the backlog of VA disability claims. http://www.heraldtribune.com/article/20130707/COLUMNIST/130709725

Of course, they voted against veterans.

As Mr. Wallace notes, motions to recommit provide the opportunity to amend a bill by voting to send it back to a committee for more work, typically with a specific request — such as fixing the VA backlog. This is exactly what should have happened if the goal is to support veterans like they need and deserve.

It’s true that the amounts set forth in the VA budget that passed will speed up VA claims processing, but they are not sufficient to end the backlog. The VA budget should not have been approved until enough money was appropriated to end the backlog.

Rep. Rooney attempted to explain his vote by saying the Motion to Recommit was merely a “political game” and said that he has been working on ways to fix the benefits backlog.

Veterans’ disability claims shouldn’t be viewed as a political game. Disabled veterans’ needs are real especially for those who have to wait for months, and sometimes years, to have their claims finalized. If Rep. Rooney has been working on the VA backlog, he has failed. Why have you not voted to fund sufficient dollars to end the backlog?

The money is available to fund enough claims processors to end the VA backlog if we quit wasting money at the Pentagon and for counterproductive war.

Why does Congress not make the Pentagon account for what it spends? The Sarasota Herald Tribune reported on Wednesday, July 10, 2013 that Pentagon mismanagement is rampant. As an example, the article points out that the Pentagon spent $34 million on a 64,000 square foot headquarters building in Afghanistan that will never be used.

In view of the waste, fraud, and abuse at the Pentagon, Representative Rooney’s and Buchanan’s votes against veterans are particularly galling when they both routinely vote to fund counterproductive war. We note that voting to help disabled veterans doesn’t enrich private corporations and mercenary companies while voting for perpetual war does.

Notice the irony. The representatives routinely vote for war which guarantees that more veterans will need VA services so the cost ever increases. Nobel Prize winning economist, Joseph Stiglitz, calculates the cost of the Iraq and Afghanistan wars already exceeds $5 trillion when the costs to care for the wounded, injured, and sickened veterans are included. And the costs go up by millions of dollars every day we stay in Afghanistan. http://www.project-syndicate.org/commentary/the-price-of-9-11

Yet, there is hope. Columnist David Ignatius of the Washington Post, who has been an apologist for the wars of Bush, Cheney, Rumsfeld and Wolfowitz, has had a change of heart. Now, he says that in the last dozen years we should have learned, among other things, not to send U.S. troops to fight Middle East wars. http://www.heraldtribune.com/article/20130710/COLUMNIST/307109999

Isn’t it past time that Representatives Rooney and Buchanan learn the same lesson and vote for veterans instead of funding counterproductive war and Pentagon waste?

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