Book Review: ‘War Comes Home’ Reveals VA’s Neglect of Iraq and Afghanistan War Veterans

March 5, 2009 – “Members of Congress and bureaucrats at the Pentagon and the Department of Veterans Affairs may not be attacking vets with mortars and IEDs, but they are literally killing them with indifference.”
— Aaron Glantz

Coming on the heels of Martin Schram’s 2008 book, “Vets Under Siege: How America Deceives and Dishonors Those Who Fight Our Battles,” independent journalist Aaron Glantz’s new book, “The War Comes Home — Washington’s Battle Against America’s Veterans” (University of California Press, 2009) is yet another damning indictment of a broken bureaucracy whose mistakes and misdeeds are harming our veterans.

Glantz spent several months in Iraq following the U.S. invasion, covering events in Baghdad, Fallujah and many other locations. Upon his return to America, Glantz began to recognize symptoms of Post-Traumatic Stress Disorder in himself, and decided to investigate how veterans returning from Iraq and Afghanistan were coping with their experiences in combat zones.

Glantz interviewed dozens of veterans and their families and uncovered one nightmarish situation after another. He met veterans suffering from PTSD who were mislabeled with a personality disorder in order to deprive them of access to government services. “Soldiers discharged for a personality disorder,” writes Glantz, “are supposed to be dishonorably discharged for lying about their mental health when they joined the military.”

Glantz spoke with the families of veterans who committed suicide, either during their deployment or after their homecoming. Marianne Schulze attempted to get help for her stepson Jonathan, a suicidal Iraq veteran with two Purple Hearts and severe PTSD. The VA hospital in Saint Cloud, Minn., declined to admit him; a counselor was unavailable when he visited; and, when, Jonathan called the VA the next day, he was put on a waiting list. Jonathan hung himself using a household extension cord.

Glantz reveals that authorities turned a blind eye toward reports of sexual assaults on female military personnel in Iraq, with fatal results. Women who wanted to avoid the risk of assault during a nighttime trip to a dimly lit bathroom at Camp Victory stopped drinking fluids in the afternoon. Some of them died from dehydration in their sleep.

Glantz writes with an edge, and a purpose. He is no fan of the Bush administration, but levels equal criticism at Democratic administrations as well, including that of President Jimmy Carter, who seemed oblivious to the growing crisis surrounding victims of Agent Orange exposure after the Vietnam War.

Glantz includes a wealth of information in several “resource boxes” throughout the book on everything from the VA Claims Process to Finding Mental Health Care outside the Government System. “The War Comes Home” is not just an angry finger pointing at wrongs — it is a helpful hand pointing toward supports for our veterans.

Fifty years from now, our Iraq and Afghanistan veterans will be turning old and gray. Our government and our nation must address the problems detailed in “The War Comes Home” long before then — if we do not, then we will prove that we did not deserve our veterans’ sacrifices.

— John Deppen lives in Northumberland.

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Bush Memos on Presidential Power Shock Legal Experts

March 4, 2009 – Legal experts said Tuesday they were taken aback by the claim in the latest batch of secret Bush-era memos that the president alone had the power to set the rules during the war on terrorism.

Yale law professor Jack Balkin called this a “theory of presidential dictatorship. They say the battlefield is everywhere. And the president can do anything he wants, so long as it involves the military and the enemy.”

The criticism was not limited to liberals. “I agree with the left on this one,” said Orin Kerr, a law professor at George Washington University. The approach in the memos “was simply not a plausible reading of the case law. The Bush [Office of Legal Counsel] eventually rejected [the] memos because they were wrong on the law, and they were right to do so.”

Defenders of the administration stress that the memos were written during a time of national emergency. Officials feared, and indeed, expected another terrorist attack within the U.S. They were determined to take all possible steps to prevent it. And by the time the Bush administration came to an end, views within the Justice Department had changed dramatically.

Still, critics said some in the Bush administration took advantage of the moment.

“This was a period of panic, and panic creates an opportunity for patriotic politicians to abuse their power,” Balkin said.

The newly released memos were mostly written between 2001 and 2003, and they gave the government broad legal authorization for fighting a new war in a new way. Their common theme was that no laws can limit the president’s power in fighting terrorists.

Congress had prohibited the use of torture by U.S. agents, and it said “no citizen shall be imprisoned” in this country without legal charges. The memos said neither law could stand in the way of the president’s power as commander in chief.

A March 2002 memo, for example, said holding prisoners in wartime “is an area in which the president appears to enjoy exclusive authority, as the power … is not reserved by the Constitution in whole or in part to any other branch of government.”

Duke Law School professor Walter Dellinger said the Constitution gives Congress considerable power for making wartime rules. Article I says Congress has “all legislative powers,” including the power “to declare war … and make rules concerning captures on land and water” as well as “regulation of the land and naval forces.”

“You can never get over how bad these opinions were,” said Dellinger, who headed the Justice Department’s Office of Legal Counsel in the Clinton administration. “The assertion that Congress has no role to play with respect to the detention of prisoners was contrary to the Constitution’s text, to judicial precedent and to historical practice. For people who supposedly follow the text [of the Constitution], what don’t they understand about the phrase ‘make rules concerning captures on land and water’?”

Most of the memos were written by John Yoo, a deputy director of the Office of Legal Counsel. This small, obscure office writes legal opinions for the attorney general and others in the government. Yoo’s memos gave legal guidance to the Defense Department and the White House.

Five days before the Bush administration came to an end, Steven Bradbury, the head of the office, wrote an 11-page memo “for the files” explaining how his office had gone wrong.

Bradbury said many of the legal positions issued between 2001 and 2003 are “not consistent with the current views of OLC.”

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VA Secretary Vows Action on Benefits Backlog

(March 3, 2009) – The American Legion, in Washington for its annual lobbying push, received pledges of support on Tuesday from members of Congress and the Veterans Affairs secretary, with an emphasis on improving VA’s processing of claims for benefits and providing care for veterans suffering from psychological stress and traumatic brain injuries.

VA Secretary Eric Shinseki told attendees he has “taken on the issue of the backlog” in handling benefit claims but conceded he does not understand the problem, which has been the top complaint of veterans organizations for decades.

Shinseki added he is developing “a credible 2010 budget” but offered no details on its shape. Last week’s budget outline released by OMB would provide $52.5 billion for fiscal 2010.

Shinseki warned that the budget pressure from the economic downturn “will likely collide with the new demands” on VA, such as treating post traumatic stress disorder.

But Rep. Tim Walz, D-Minn., a member of the House Veterans Affairs Committee, said that “the idea that we would balance the budget on the back of veterans is unacceptable.” Walz said VA is “almost criminally behind in processing claims” and promised to ensure it does better. He also protested the fact that Congress has been late approving VA funding 22 of the last 23 years and vowed passage this year would be prompt.

Rep. John Fleming, R-La., criticized President Obama’s proposed healthcare reform, although he backs Obama’s push for electronic healthcare records, which the military uses. Fleming also opposed the recurrent effort to raise the premiums for higher-income veterans in the Tricare healthcare plan.

Senate Finance Committee ranking member Sen. Charles Grassley, R-Iowa, said the military and the VA must find better ways to diagnose and treat PTSD and brain injuries, citing the case of an Iowa veteran who committed suicide after his ailment was not treated. He noted he had co-authored legislation with Sen. Tom Harkin, D-Iowa, that would require “new ways to reach out to veterans before it’s too late.”

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Mar 5, New VA Scandal: 16,000 Unopened Claims Letters Hidden at VA’s Detroit Office

March 3, 2009 –  A new report about Veterans Affairs Department employees squirreling away tens of thousands of unopened letters related to benefits claims is sparking fresh concerns that veterans and their survivors are being cheated out of money.

VA officials acknowledge further credibility problems based on a new report of a previously undisclosed 2007 incident in which workers at a Detroit regional office turned in 16,000 pieces of unprocessed mail and 717 documents turned up in New York in December during amnesty periods in which workers were promised no one would be penalized.

“Veterans have lost trust in VA,” Michael Walcoff, VA’s under secretary for benefits, said at a hearing Tuesday. “That loss of trust is understandable, and winning back that trust will not be easy.”

Unprocessed and unopened mail was just one problem in VA claims processing mentioned by Belinda Finn, VA’s assistant inspector general for auditing, in testimony before the House Veterans’ Affairs Committee.

Auditors also found that the dates recorded for receiving claims, which in many cases determine the effective date for benefits payments, are wrong in many cases because of intentional and unintentional errors, Finn said.

The worst case uncovered by auditors involved the New York regional office, where employees testified that managers told staff to put later dates on claims to make it appear claims were being processed faster. A review found that 56 percent of claims had incorrect dates, although no evidence was found of incorrect or delayed benefits payments. Finn said workers reported that this practice had been used for years.

The new report comes as VA is trying to resolve an earlier controversy involving documents essential to the claims process that were discovered in bins awaiting shredding at several regional offices, which raised questions about how many past claims had been delayed or denied because of intentional or unintentional destruction of documentation.

‘It is impossible not to be shocked’

Kathryn Witt of Gold Star Wives of America said survivors trying to receive VA benefits have long complained about problems getting accurate information and missing claims. “When they call to check on the status of the claim, they are often told that the VA has no record of their claim and that they should resubmit their paperwork,” she said.

In one case, a woman claimed she had to submit paperwork to VA three times to prove she was married and had three children, Witt said.

And having to resubmit the same claim, she added, does nothing to reduce the backlog that already forces survivors to wait six to nine months for simple claims to be approved.

“It is impossible not to be shocked by the numbers from Detroit,” said Rep. Harry Mitchell, D-Ariz., who chairs the House Veterans’ Affairs Committee’s oversight and investigations panel. “Shredding documents or burying them in the bottom drawer is a breach of trust. Whether that breach of trust comes as a consequence of inadequate training or negligent or deliberate behavior, Congress must not and will not tolerate it.”

It is unclear, however, whether there is any short-term fix.

A permanent solution is to have a fully electronic claims process to establish a record of when documents are received and their status as they move through the process. A fully electronic system will not be in place before 2011, VA officials said.

Kerry Baker of Disabled American Veterans said a short-term answer could be to scan all documents related to claims into computer systems. Baker, DAV’s assistant national legislative director, said this could be done at one or more large-scale imaging centers that would transform paper into electronic records.

“A large section of the veterans community and representatives of the community have long felt that the Veterans Benefits Administration operates in such a way that stalls the claims process until frustrated claimants either give up or die,” Baker said.

He said that although he doesn’t believe that is true, something must be done.

“Denying earned benefits by illegally destroying records should serve as the proverbial wake-up call that signals the urgency of this overdue transformation,” he said.

Geneva Moore, a senior veterans service representative from Winston-Salem, N.C., who testified on behalf of the American Federation of Government Employees, a union that counts about 160,000 VA workers among its members, said backdating claims and document shredding are signs of a claims system under stress.

“Clearly, if the disability claims process were already paperless, many of the problems being considered at this hearing today would no longer exist,” she said.

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Congressman Murtha Says Afghanistan Plan Lacks Goal – 600,000 Troops May Be Needed

March 3, 2009 – Rep. John Murtha said Tuesday the situation in Afghanistan is so challenging that he estimated it would take 600,000 troops to fully squelch violence in the country.

The Pennsylvania Democrat, who chairs the powerful subcommittee that funds the military, said his figure was based on the country’s history of rigorous fighting and its size.

“That’s what I estimate it would take in a country that size to get it under control,” Murtha said in an interview.

Murtha also said he’s uncomfortable with President Barack Obama’s decision to increase the number of troops in the country by 17,000 before a goal was clearly defined. But he says he anticipates a plan will be developed to train Afghan security forces, and then the U.S. military will get out. He said he sees Afghanistan has more of a diplomatic mission, than a military one.

“I think you’ll see a change,” Murtha said. “I’m confident you’re going to see them only adjusting for a short period of time with these additional troops.”

Last month, Obama announced new troops would be sent to Afghanistan to augment the 38,000 there. The number of troops eventually to be sent to Afghanistan will depend on what strategy the Obama administration lays out, and that is under review.

There already, however, has been much debate about troops numbers. Some argue that too many forces would be counterproductive, partly because of Afghan distaste for having foreign forces on their soil.

Huge numbers have been mentioned before, including by the previous NATO commander in Afghanistan, U.S. Gen. Dan McNeill. He told a Pentagon press conference last year that if commanders were to go by U.S. counterinsurgency doctrine, for example, and apply the factors of land mass and population, the number needed might be well over 400,000, including international forces and indigenous forces.

Commanders believe the best force to use against an insurgency is generally the local force and have been working with difficulty for years to train and equip Afghan security forces.

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Editorial Column: Wars, Endless Wars

March 3, 2009 – The singer Edwin Starr, who died in 2003, had a big hit in 1970 called “War” in which he asked again and again: “War, what is it good for?”

The U.S. economy is in free fall, the banking system is in a state of complete collapse and Americans all across the country are downsizing their standards of living. The nation as we’ve known it is fading before our very eyes, but we’re still pouring billions of dollars into wars in Afghanistan and Iraq with missions we are still unable to define.

Even as the U.S. begins plans to reduce troop commitments in Iraq, it is sending thousands of additional troops into Afghanistan. The strategic purpose of this escalation, as Defense Secretary Robert Gates acknowledged, is not at all clear.

In response to a question on NBC’s “Meet the Press” on Sunday, Mr. Gates said:

“We’re talking to the Europeans, to our allies; we’re bringing in an awful lot of people to get different points of view as we go through this review of what our strategy ought to be. And I often get asked, ‘Well, how long will those 17,000 [additional troops] be there? Will more go in?’ All that depends on the outcome of this strategy review that I hope will be done in a few weeks.”

We invaded Afghanistan more than seven years ago. We have not broken the back of Al Qaeda or the Taliban. We have not captured or killed Osama bin Laden. We don’t even have an escalation strategy, much less an exit strategy. An honest assessment of the situation, taking into account the woefully corrupt and ineffective Afghan government led by the hapless Hamid Karzai, would lead inexorably to such terms as fiasco and quagmire.

Instead of cutting our losses, we appear to be doubling down.

As for Iraq, President Obama announced last week that substantial troop withdrawals will take place over the next year and a half and that U.S. combat operations would cease by the end of August 2010. But, he said, a large contingent of American troops, perhaps as many as 50,000, would still remain in Iraq for a “period of transition.”

That’s a large number of troops, and the cost of keeping them there will be huge. Moreover, I was struck by the following comment from the president: “There will surely be difficult periods and tactical adjustments, but our enemies should be left with no doubt. This plan gives our military the forces and flexibility they need to support our Iraqi partners and to succeed.”

In short, we’re committed to these two conflicts for a good while yet, and there is nothing like an etched-in-stone plan for concluding them. I can easily imagine a scenario in which Afghanistan and Iraq both heat up and the U.S., caught in an extended economic disaster at home, undermines its fragile recovery efforts in the same way that societies have undermined themselves since the dawn of time — with endless warfare.

We’ve already paid a fearful price for these wars. In addition to the many thousands of service members who have been killed or suffered obvious disabling injuries, a study by the RAND Corporation found that some 300,000 are currently suffering from post-traumatic stress disorder or depression, and that 320,000 have most likely experienced a traumatic brain injury.

Time magazine has reported that “for the first time in history, a sizable and growing number of U.S. combat troops are taking daily doses of antidepressants to calm nerves strained by repeated and lengthy tours in Iraq and Afghanistan.”

Suicides among soldiers rose in 2008 for the fourth consecutive year, largely because of the stress of combat deployments. It’s believed that 128 soldiers took their own lives last year.

Much of the country can work itself up to a high pitch of outrage because a banker or an automobile executive flies on a private jet. But we’ll send young men and women by the thousands off to repeated excursions through the hell of combat — three tours, four tours or more — without raising so much as a peep of protest.

Lyndon Johnson, despite a booming economy, lost his Great Society to the Vietnam War. He knew what he was risking. He would later tell Doris Kearns Goodwin, “If I left the woman I really loved — the Great Society — in order to get involved with that bitch of a war on the other side of the world, then I would lose everything at home. All my programs… All my dreams…”

The United States is on its knees economically. As President Obama fights for his myriad domestic programs and his dream of an economic recovery, he might benefit from a look over his shoulder at the link between Vietnam and the still-smoldering ruins of Johnson’s presidency.

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Family Blames VA for Veteran’s Suicide

February 28, 2009 – A North Idaho family blames the U.S. Department of Veterans Affairs for the death of a Navy veteran who killed himself last year amid a sharp increase in suicides among patients receiving care at the Spokane VA Medical Center.

Richard Kinsey-Young, 35, was found dead at his Rathdrum home on April 5, 2008, after a 16-month struggle with pain and depression that his medical providers were unable to assuage with more than a dozen prescriptions, including morphine, antidepressants and antipsychotic drugs.

“They never did anything,” said Jo Ann Porter, the mother of Kinsey-Young’s only child, Cody Young. “They just kept changing his medication.”

Cody, 15, and his mother believe Kinsey-Young’s depression and death were caused by his addiction to narcotics first prescribed by military physicians treating his back and shoulder injuries and continued by VA physicians in Spokane after his discharge from the Navy.

At a meeting with VA officials a month after Kinsey-Young’s death, Porter said, the family was offered $750,000 in exchange for not suing the medical center. Porter said her family declined the offer.

A Spokane VA official said compensation was never discussed with the family.

As with the other five 2008 cases that ended in the suicides of veterans who had contact with Spokane VA, medical center officials declined comment on Kinsey-Young’s case, citing medical privacy laws and VA policy.

But interviews with family and friends, and medical records they provided, reveal much about Kinsey-Young’s demise, which may have had more to do with the lack of continuity of patient care than with any one medical error.

At 31, he was older than most recruits when he joined the Navy in 2005. But Kinsey-Young, a weightlifter and former wrestler who stood more than 6 feet tall, was in top physical shape. In fact, powerlifting was central to his identity, according to one VA psychologist’s notes.

In February 2005, while working as an aviation mechanic at Whidbey Island Naval Air Station, he wrenched his back moving a 300-pound transmitter. The back problem reappeared when Kinsey-Young slipped on the ice in December 2006.

Magnetic resonance imaging revealed bulging lower vertebrae and degenerative disk disease. A military neurosurgeon recommended surgery, but Kinsey-Young, who had had less than satisfactory results with a previous operation on his shoulder, chose physical therapy, oral steroids and pain medications instead.

Upon his discharge in August 2007, Kinsey-Young walked away from the Navy with the help of a cane. He had to self-catheterize himself daily to urinate.

Upon his initial visit to Spokane VA on Sept. 17, 2007, the veteran told Dr. Stephen Lloyd-Davies that he was now interested in surgery. Since the beginning of the year, he had been taking pain medications that included oxycodone and morphine, as well as antidepressants.

The physician’s notes stated that the patient needed an updated MRI and may need surgery, and recommended that his medications should continue for the time being.

“I am very concerned about the degree of his pain, which seems out of proportion to the MRI findings,” Lloyd-Davies wrote. “I am very concerned about the level of narcotics he is consuming as he seemed very sedated today, and I worry about prescription narcotic addiction or diversion.”

On Sept. 26, Kinsey-Young saw Dr. Rajakumari Vegunta, a primary care provider at Spokane VA. Vegunta’s notes from the appointment show that he discussed with the veteran the risk of chronic narcotic use, including the potential for interaction with other medications, dependence and addiction.

That fall, Kinsey-Young experienced panic attacks. He began superficially cutting his forearms and wrists, and was experiencing auditory hallucinations. Friends and family saw a dramatic change in the veteran, who seemed to live in a fog, and they confronted him about his drug use.

“He said, ‘I’m only taking what they’re telling me to take,’?” said Blaine Porter, Jo Ann’s husband, a Coeur d’Alene firefighter and emergency medical technician.

On Oct. 9, 2007, Kinsey-Young met with Dr. Minerva Arrienda, a Spokane VA psychiatrist, who diagnosed “major depressive disorder with psychotic features.” The psychiatrist recommended medication management, counseling and drugs.

Kinsey-Young’s active medications now included duloxetine for depression, diazepam for anxiety and insomnia, risperidone for hallucinations and paranoia, as well as morphine and oxycodone for pain.

On March 4, 2008, Kinsey-Young was voluntarily admitted to the adult psychiatric unit of Spokane VA Medical Center after calling the VA’s suicide prevention hot line with suicidal and homicidal ideation – he was not only thinking about suicide, but how to commit it. His chief complaint, according to medical records: “I was cutting myself.”

While in the psychiatric unit, Kinsey-Young saw Dr. William L. Brown, a staff psychiatrist, who raised red flags once again about the amount of prescription medication the veteran was taking.

“There are a number of references to Richard taking more of the benzodiazepines, sleeping pills, and opiate mediations than have been prescribed for him to take,” Brown wrote. “However, I did not see any of these notes in the past month of two, so maybe this problem has gone away. Certainly, this should be closely monitored.”

Brown urged Kinsey-Young to stay in the psychiatric unit so that a treatment plan could be developed, but the veteran was discharged to his home a day after being admitted.

He was scheduled for follow-up with Arrienda and another primary care physician, Dr. Sara Memon, in the VA’s Coeur d’Alene Clinic.

Among his active medications were gabapentin, a drug used to treat seizures associated with epilepsy but also used for nerve pain; the muscle relaxant methocarbamol; risperidone for his hallucinations; zolpidem for insomnia; diazepam for anxiety; and both long-acting and short-acting morphine.

On Saturday, March 15, after running out of long-acting morphine, Kinsey-Young attempted to get more at the Spokane VA emergency room. He was told it was against policy and given a few short-acting narcotics to get him through the weekend.

Two weeks later, the veteran again visited the ER with suicidal ideation that he believed was due to a change in his antidepressant prescription. But he grew tired of waiting to see a provider and left “angry and agitated,” according to an ER nurse’s notes.

On March 30, Kinsey-Young called the VA suicide hot line, resulting in an emergency room provider calling Rathdrum police, who took the veteran into custody. Officers took him to Kootenai Medical Center, where he spent the night.

On April 1, the veteran saw his primary care provider in Coeur d’Alene. Dr. Memon had Kinsey-Young sign a “medication-use agreement” outlining conditions for receiving opiate medications.

The veteran complained that his back pain was worse. He had the flu and was taking an over-the-counter decongestant at night. His gabapentin prescription was doubled.

In an addendum, Memon wrote, “If patient has difficulty with pain management, I am considering to increase his morphine extended release to 60mg (every) 8 hours. Patient is high risk of suicide, mainly due to pain-related issues.”

An appointment was made to see his psychiatrist, Arrienda, on April 7. It was a date he never kept.

On April 5, Porter’s father found Kinsey-Young dead in his home, in his favorite chair.

Dr. Robert West, Kootenai County coroner, ruled his death a suicide caused by cardio-respiratory arrest due to combined drug toxicity from morphine, diazepam, mirtazapine, methocarbamol and pheniramine, an over-the-counter antihistamine.

Kinsey-Young’s stepfather, Edward Young, does not believe it was suicide. He thinks the veteran unintentionally overdosed.

Nevertheless, he thinks somebody should be held accountable for what he called “less than professional treatment.”

“There should have been some continuity with the doctors,” Young said. “It’s not just him. There’s hundreds of other (veterans) out there.”

An expert in psychiatric pharmacy who was asked to review the list of Kinsey-Young’s 14 active prescriptions at the time of his death stressed the importance of a health care team discussing all of the medications.

“He was on several drugs that together can actually have an impact on breathing,” said Lawrence J. Cohen, professor of pharmacotherapy at Washington State University’s College of Pharmacy and assistant director for psychopharmacology research and training at Washington Institute for Mental Illness Research and Training. “The main thing here is: Who was monitoring all this?”

Were he the clinical pharmacist, Cohen said, he would be asking whether everything the patient was taking from all sources, prescription and nonprescription, was medically necessary.

Spokane VA officials said a pharmacist is regularly integrated into a patient’s care.

“Certainly that’s done on inpatient wards,” said Dr. Gregory Winter, head of behavioral health. “It’s done probably less regularly in the outpatient environment, but there is a lot of communication between pharmacy and the treatment teams.”

Medical center director Sharon Helman was more emphatic.

“To make the assumption that it was not done is just an assumption,” Helman said, adding that the VA’s electronic records system provides a coordinated approach to a veteran’s care.

Spokane’s VA Medical Center currently has seven psychiatric care providers seeing 5,000 patients. It is recruiting for three more psychiatrists, according to Winter. A caseload of about 500 patients per provider is the standard of care in the VA, he said.

Soon after Kinsey-Young’s death, the Porters asked for a meeting with VA officials. Although she and Kinsey-Young were never married, Jo Ann Porter, a nurse’s assistant at Kootenai Medical Center, is the beneficiary and legal representative of his estate.

In May 2008, the family met with Winter and Dr. Nirmala Rozario, then the acting director of the medical center.

Jo Ann Porter said she was offered money not to sue.

“What do you want from us?” Porter recalls Winter asking. “I said I want this fixed, and he said, ‘Well, you know with these lawsuits, people don’t get any more than $750,000.’?”

She said Winter’s words were chosen cautiously but his intent was clear – “He was offering us money to drop it. But money was the farthest thing from our minds.”

In an interview this week, Winter denied the allegation.

“The family had requested this meeting because they were grieving and distraught and because they said they had some questions,” he said. “The nature of the meeting was supportive, and I asked them if there was anything we could do that would be helpful to them at all.”

When Winter directed the same question to Cody, he first responded, “I want my dad back,” his mother recalled. Then he said, “I just want something from you to show me that you are going to fix this, as in fix the system, so it doesn’t happen to somebody else’s dad.”

Reach Kevin Graman at (509) 459-5433 or kevingr@spokesman.com.

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VAOIG Reports on Document Date-Switching at Four Regional Offices

February 28, 2009 – After VA Watchdog dot Org broke the story about the VA shredding documents critical to a veteran’s disability claim, it wasn’t long before other unacceptable practices came to light… mail rooms piled high with unopened correspondence and date-switching on documents.

For a complete background, you can find all shredder and document mishandling stories are here…
http://www.vawatchdog.org/VAshredderscandal.htm

Of note was the New York Regional Office where it was reported that VA employees were told by managers to change the dates on documents to make their claim handling statistics appear better than they were.

A number of top managers were removed (relocated or retired) and the VA’s Office of Inspector General (VAOIG) investigated four other Regional Offices to see if the practice was widespread.

Now we have that report… and it’s not what was expected.

The VAOIG report says “inaccurate dates were unintentional errors” and “no veterans or their beneficiaries received incorrect or delayed benefit payments.”

So, the report seems to say that New York was just a bad apple in the Big Apple and the other VAROs are in compliance with document dating requirements.

And, this report will play a large part in the Congressional document mishandling hearing on Tuesday, March 3, 2009.  More on that hearing here…
http://www.vawatchdog.org/09/nf09/nffeb09/nf021909-3.htm

This just seems a bit too convenient…

So… your thoughts are appreciated.

Report information below:

Audit of VA Regional Office Compensation and Pension Benefit Claim Receipt Dates

Report Number 09-00189-81, 2/27/2009 | Summary | Report (PDF)
Summary is posted below:

Audit of VA Regional Office Compensation and Pension Benefit Claim Receipt Dates

The Office of Inspector General (OIG) conducted a review to evaluate the accuracy of VA regional office (VARO) compensation and pension (C&P) benefit claim receipt dates. We initiated the review after the Veterans Benefits Administration’s (VBA) Administrative Investigation Board concluded that VARO New York intentionally reported inaccurate receipt dates for 220 (56 percent) of 390 reviewed claims. The objectives of the review were to determine if (1) other VAROs reported inaccurate claim receipt dates; (2) inaccurate claim receipt dates caused veterans or their beneficiaries to receive incorrect benefit payments; and (3) inaccurate claim receipt dates caused VBA to report incorrect claim-processing times to veterans, members of Congress, or other stakeholders.

Our review indicated that the inaccurate dates were unintentional errors that did not significantly affect the four VAROs’ fiscal year (FY) 2008 average claim-processing times. VARO Boston was the only exception where we projected an understatement of average processing time for the sampled rating claims by 4 days. Of the 94,920 claims the four VAROs completed during FY 2008, we projected that 88,639 (93.4 percent) claim receipt dates were accurate; 4,520 (4.7 percent) were inaccurate; and 1,761 (1.9 percent) were not adequately documented in the claim folders and we could not evaluate the accuracy of these dates. While all four VAROs reported inaccurate claim receipt dates, none of the rates came close to the 56 percent rate VBA reported for the VARO New York review. VARO Albuquerque reported a 5 percent inaccuracy rate, VARO Boston reported a 10 percent inaccuracy rate, VARO San Diego reported a 3 percent inaccuracy rate, and VARO Winston-Salem reported a 4 percent inaccuracy rate. Even though all four VAROs reported inaccurate benefit claim receipt dates, no veterans or their beneficiaries received incorrect or delayed benefit payments as correct claim receipt dates documented in claim folders were used as effective dates of benefit awards. OIG made three recommendations to improve the accuracy and adequacy of C&P benefit claim receipt dates. The Under Secretary for Benefits concurred with the report’s conclusion and recommendations. We consider the planned actions provided by the Under Secretary acceptable and will follow up on their implementation.

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General Mullen: Iran has Fissile Materials for Nuclear Bomb

March 1, 2009 – The top U.S. military official says he believes Iran now has enough fissile material to build a nuclear bomb.

Adm. Mike Mullen issued that assessment after the world’s nuclear watchdog said last week that it was wrong in earlier reports and now has evidence that Iran has enough enriched uranium to make a nuclear weapon.

The chairman of the Joint Chiefs of Staff said, “We think they do, quite frankly,” when asked Sunday about the International Atomic Energy Agency assessment.

Mullen said Sunday a nuclear armed Iran would be a “very, very bad outcome.” He spoke on CNN’s “State of the Union.”

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Standoff Veteran’s Family Mourns Loss in Virginia – SWAT Team Kills Vietnam Veteran with PTSD

March 1, 2009, Portsmouth, VA – Before police officers surrounded the home of Marshall Franklin and a SWAT team moved in, all Franklin’s family could do was watch.

The standoff ended with two officers shot and Franklin dead, a scenario, Franklin’s family says that could have been avoided. That is, if they ever got a chance to talk to him.

“He was blocked off from every single thing that he knew,” said his sister, Tony Franklin Dixon, “the people who loved him, the people who he trusted. He was not allowed to talk with us at all.”

“He died thinking that his family neglected him, didn’t care about him, and he was alone,” added Juanita Ebron, one of his other sisters.

Franklin’s nine brothers and sisters displayed pictures of the man who served two tours in Vietnam and had a penchant for painting and crafts. But when he came back from Vietnam, his family says he was suffering from post-traumatic stress disorder.

“There were periods where he was fine and able to function at a full level,” said his sister, Alberta Thomas, “but then there were periods where he needed to be on some type of medication.”

The medication stifled his creativity, and he sometimes stopped taking it. That’s why his family requested a mental health evaluation. But when officers approached, Franklin’s family says it triggered his condition. He argued with officers, wielding a sharp weapon, but never talked to his family.

“When I got there,” remembered his son, Marshall Franklin, Jr., “I asked them to let me talk to my father.”

“They wouldn’t let me go in there at all,” he added.

SWAT was called in to bring Franklin out. They threw a negotiation phone in the house to talk to him. His family says it would have only worsened his condition.

“If you’ve got a person dealing with paranoia and post-traumatic stress and you’ve got bomb squads and people are throwing phones through your window,” said Thomas, “obviously you’re going to go into a combat mode. Wouldn’t you think? And that’s what happened.”

All the time, his family was kept away. They first found out he died from the news.

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Statement from the Family of Marshall Franklin, Sr.

First of all, we are thankful to God that the injuries of the two police officers were not life threatening.  However, this incident demonstrates the lack of training and knowledge that the police officers have with working with the mentally ill population and those individuals who suffer with issues of post-traumatic stress syndrome after serving in the Vietnam War and military forces.  A mental health evaluation was requested to seek assistance with getting our brother back on his medication.  This matter was taken from a mental health screening request to a criminal matter before any shots were fired or any officers were injured.  His rights were violated, because he was at his home and he entered his property, which was his right.  No petition had been filed with the magistrate at this time; therefore, the police should have left the scene until a family member could have invited mental health evaluators into the home to complete the assessment.  Officers would not permit family members, i.e., his uncle who lives several houses down or his son who was on site at the time to talk with him to deescalate the matter.  Instead the Portsmouth Police Department called 55 additional police officers, swat team, snipers, bomb squad, and military to handle one 60 year old man (soon to be 61 had he reached his birthday on March 5) suffering with paranoia and post traumatic stress syndrome.  Police surrounded the home and invaded him causing him to go into a combat mode due to feeling the need to protect himself .  Even after his death, family members were not notified by the Portsmouth Police Department even though detectives were stationed outside of nearby family member’s home where family was gathered.  We were notified by the local news and family and friends calling to express condolences.  This indeed is a tragedy for our mental health system especially following the incidents that occurred at Virginia Tech when people did not respond to warning signs and the need for a mental health evaluation.  Mental illness and post traumatic stress syndrome affects many if not most families.  We pray that this incident will not prevent other families from seeking mental health evaluations for fear that it will result in the death of the family member.  He could have been your brother, father, uncle, nephew, grandfather or maybe just your neighbor.  He was a hunter, artist, skilled craftsmen, builder, and a member and usher of the Garden of Prayer Temple #4 in Portsmouth.  We plan to seek assistance from our Regional Mental Health Advocate and the Virginia Office of State Protection and Advocacy.  We are also seeking any attorney who will assist the family with resolving this matter.  We would like to thank the community for your prayers and your support during this difficult time.

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