VA Has a History of Losing Papers

November 30, 2008 – Air Force veteran David Chini has lost track of all the times the Department of Veterans Affairs lost records he sent to it.

Registered mail? A VA worker signed, and the paperwork vanished. By fax? Chini, 69, of St. Petersburg said the VA claimed it never arrived. Regular mail? Don’t even ask.

And if something doesn’t arrive, the agency threatens to discontinue his medical benefits because Chini isn’t sending the papers it needs.

“It’s just totally demoralizing,” he said.

Recent revelations that workers in 41 of 57 VA regional benefits offices, including St. Petersburg, improperly set aside hundreds of claims records for shredding came as no surprise to veterans.

The VA, critics say, has long operated in a veritable culture of lost paper and was losing records many years before this latest scandal. Lost paperwork sometimes leads to delayed, denied or abandoned claims for medical or financial assistance.

And it leaves some questioning if workers lose it deliberately to ease workloads. At least two VA employees outside Florida are being investigated for just that.

“I remain angry that a culture of dishonesty has led to an increased mistrust of the VA within the veteran community,” said Rep. Bob Filner, D-Calif., chairman of the House Committee on Veterans Affairs.

The VA notes it is the most paper-intensive federal bureaucracy, sifting through 162-million pages of claims documents a year.

And while the VA hopes to have largely paperless claims filing by 2012, the size of the agency makes computerization a challenge.

“Until we get out of the paper business, lost documents are something we’re going to have to contend with,” said Mike Walcoff, the VA’s deputy undersecretary for benefits in Washington.

Walcoff said it is unfair to criticize thousands of dedicated VA employees for the failures of a small minority, and said the VA is working hard to improve its performance.

Others remain skeptical, and question why it has taken so long for the agency to move toward digitized records.

“It’s ludicrous that we have the most highly technologically advanced army in the history of the world and still come back home to an antiquated system that is all on paper,” said Rick Weidman, director of governmental relations at Vietnam Veterans of America.

Take a look at one measure of the problem: the Board of Veterans Appeals in Washington, where veterans appeal the denial of claims.

Searching an online database of appeals decisions for “destroyed records” reveals 20,000 cases where those words appear. “Missing files” locates 33,000 cases.

Disappearing files

Through VA history, confidential claims papers have been found in some odd places: above ceiling tiles, inside closets, in curbside trash at a VA lawyer’s home, and in one case at the bottom of an elevator shaft.

“It’s a corporate culture of disappearing records,” Weidman said. “It’s just generally a disdain for the individual veteran that needs to be changed.”

But Weidman applauds the VA for moving quickly to suspend shredding nationally after discovering the latest problem and then implementing new policies.

Now it will take the approval of three VA employees before any document is shredded. Records czars are being appointed in all 57 regional offices.

The agency also said it has reminded employees that claims records can’t be stowed in unauthorized areas. Workers who do so can be fired.

And the VA has announced a temporary policy (see accompanying box) allowing, in some cases, veterans to refile crucial paperwork if they think the VA lost it.

“We’re taking the steps that we need to do to get the trust of the veteran community again,” Walcoff said.

He said moving to digital records too quickly would only lead to more problems, though Walcoff noted that much of VA operations are already computerized.

But the VA wants to integrate all its activities in five separate business lines, including insurance, loan programs and medical, an enormously complicated process. That takes time, Walcoff said.

Filner remains wary about any proposed fixes.

“We have heard promises from the VA before,” he said after a Nov. 19 meeting in Washington on shredding with members of his committee, the VA and veteran advocates.

Filner was particularly displeased that he and other members of the veterans committee found out about the shredding problem in news reports, not from the VA.

“The way to build confidence is to tell people about it before it appears in the paper,” Filner said.

Many critics point to one thing as the biggest incentive for workers to “lose” records: incentive bonuses to quickly resolve claims and improve their numbers.

The VA’s Walcoff denied that the agency believes there is any link between bonuses and misplaced paperwork.

Weidman at Vietnam Veterans of America said the VA needs to enforce employee accountability and offer better training and competency tests for anyone deciding a claim.

“Unless the VA changes how it measures work, we will be back here again in eight years doing the same thing,” said Ron Abrams, joint executive director of the National Veterans Legal Services Program.

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Newspaper Editorial: Another Report Confirms Existence of Gulf War Illnesses

Another report confirms the existence of Gulf War Syndrome; America owes the veterans suffering from it adequate care and treatment for their illnesses

THE ISSUE: Another report confirms the existence of Gulf War Syndrome.

November 21, 2008 – Birmingham News staff writer Dave Parks didn’t just report about Gulf War Syndrome. He owned that issue.  A decade and a half ago, Parks listened to Alabama veterans of the 1991 Persian Gulf conflict who believed their illnesses were caused by toxic exposures during their time in Iraq: chemical warfare agents, pesticides and smoke from oil well fires, along with shots, pills and vaccines administered by the military. Parks talked to researchers who believed the veterans and conducted studies validating the veterans’ claims. And Parks wrote about a Department of Defense that, to put it politely, was indifferent to the plight of the veterans. In fact, the Pentagon for years denied the existence of veterans’ problems, and then tried to blame their maladies on stress.

This week, a report to Congress confirmed what many Gulf War veterans already knew: Gulf War Syndrome is real, and still afflicts nearly one-fourth of the 700,000 U.S. troops who served. The neurological symptoms include memory loss, problems concentrating, rashes and widespread pain. Gulf War veterans also have higher rates of brain cancer and amyotrophic lateral sclerosis, or Lou Gehrig’s disease, the report noted.

“The extensive body of scientific research now available consistently indicates that Gulf War illness is real, that it is a result of neurotoxic exposures during Gulf War deployment, and that few veterans have recovered or substantially improved with time,” said the 450-page report, drafted by a congressionally mandated scientific panel and given to Secretary of Veterans Affairs James Peake.

The report, unlike many earlier studies, concluded two chemical exposures were direct causes of the disorder. Gulf War troops received pyridostigmine bromide to protect against nerve gas, and widely used pesticides were sprayed in living and dining areas and on tents and uniforms to protect against sand flies and other pests.

This isn’t the first time medical experts have concluded there is, in fact, such a thing as Gulf War Syndrome. In 1997, for example, a team of top medical researchers from the University of Texas Southwestern Medical Center tied chemical exposures during the war to three varieties of the syndrome. Yet many other reports, including several by the prestigious Institute of Medicine, blamed stress and other unknown causes for the soldiers’ symptoms.

By 2002, it was clear to some members of Congress that veterans were not receiving adequate care, leading to the creation of the Research Advisory Committee on Gulf War Veterans’ Illnesses, a 15-member committee of scientists and veterans, which six years later, released Monday’s report.

“The tragedy here is that there are currently no treatments,” said James H. Binns, a former principal deputy assistant secretary of Defense and the panel’s chairman. “The importance … lies in what is done with it (the report) in the future. It’s a blueprint for the new administration.”

It is a blueprint the new administration must follow. Through the 17 years since U.S. and allied soldiers put their lives on the line in Iraq’s first Gulf War, thousands of them have struggled to have their problems recognized by the government.

America owes those veterans adequate care and treatment for their illnesses. After the release of the latest report confirming Gulf War Syndrome, they deserve so much more than just another chance to say “I told you so.”

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KY Widow Settles Lawsuit Against VA for $975,000

November 29, 2008, East St. Louis, IL – A widow whose husband died at a Veterans Affairs hospital under fire for substandard care has agreed to settle her lawsuit against the government for $975,000, her attorney said.

Katrina Shank had sought $12 million in her federal wrongful-death lawsuit. Her husband, 50-year-old Robert Shank III of Murray, Ky., bled to death in August 2007, a day after undergoing gallbladder surgery at the VA hospital in Marion, Ill.

Shank’s widow claimed the government failed to sufficiently check the background of her husband’s surgeon, Dr. Jose Veizaga-Mendez, before hiring him in January 2006.

Veizaga-Mendez resigned three days after Robert Shank’s death, and major surgeries were ordered halted there after inspectors attributed several patient deaths to questionable surgical care.

Terms involving Katrina Shank’s settlement were not disclosed in court documents, but one of her attorneys, Stan Heller, put the amount at $975,000. He said the sum amounts to an admission of responsibility, because “the government doesn’t toss money like that around easily.”

A VA spokesman, Paul Sherbo, said only that “the VA has no information to offer on this case, pending a review by the court.” According to the order by U.S. District Judge J. Phil Gilbert, the settlement becomes final after 90 days unless it hits a snag.

The VA found at least nine deaths between October 2006 and March 2007 were “directly attributable” to substandard care at the hospital. Those deaths did not include Robert Shank, who died months later.

The VA’s findings do not put the sole blame on Veizaga-Mendez, but Shank’s lawsuit said many or all of those who died were his patients.

At least one other lawsuit involving care by Veizaga-Mendez at the hospital is pending. James Marshall, 61, of Benton, Ky., died of a blood infection in July 2007, six days after Veizaga-Mendez performed a lymph node biopsy. His widow, Darla Marshall, is seeking $10 million in damages.

Veizaga-Mendez, who is not listed as a defendant in the lawsuits, has no listed telephone number and has not responded to repeated messages left by the AP at a Massachusetts home listed as an address for his wife.

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Afghan Leader Criticizes U.S. on Taliban

November 28, 2008, New Delhi – Afghan President Hamid Karzai blasted the U.S. and its NATO allies for failing to defeat the Taliban, insisting for the first time that Afghans need a firm deadline to end the war.

Setting such a deadline seems unlikely with President-elect Barack Obama seeking to boost the number of U.S. soldiers in Afghanistan. But without one, Mr. Karzai said, his government had no choice but to explore a negotiated settlement with the Taliban.

“This war has gone on for seven years; the Afghans don’t understand any more how come a little force like the Taliban can continue to exist, can continue to flourish, can continue to launch attacks,” Mr. Karzai told a visiting United Nations delegation Tuesday. His office released a transcript Wednesday.

After the Taliban fell from power in Afghanistan in late 2001, the U.S. backed Mr. Karzai’s rise to power, and he has enjoyed Washington’s support since then. But with elections set for next year, Mr. Karzai has stepped up his criticism of the international role in Afghanistan in an apparent bid to shore up his support among conservative — and increasingly disaffected — Afghan tribes, and to deflect mounting criticism at home and abroad from people who say his government is weak and corrupt.

Neither the U.S. Embassy nor spokesmen for North Atlantic Treaty Organization forces in Afghanistan responded to requests for comment about Mr. Karzai’s remarks.

Mr. Karzai’s strident tone adds another layer to the challenges facing Mr. Obama, who has said Afghanistan will be among his top foreign-policy priorities. Among plans being considered by Mr. Obama is one to send as many as 20,000 U.S. soldiers to Afghanistan next year to reinforce the 32,000 already there.

In his remarks, Mr. Karzai said for the first time that Afghans needed a clear timeline for the war and couldn’t tolerate an open-ended campaign. “If there is no deadline we have the right to another solution for peace and security, which is negotiations,” he said.

The Afghan president has repeatedly called for negotiations, last week going so far as to offer Taliban leader Mullah Omar safe passage to attend talks — an offer that was promptly rejected by the Taliban.

U.S. and other Western policy makers have said that talks with some elements of the Taliban are needed. But they are looking to engage relatively moderate Pashtun tribes that form the Taliban’s grassroots support. Few in the U.S. or Europe want to make any sort of deal with the group’s leadership, or believe such an agreement can be struck.

To the U.N. group, Mr. Karzai criticized everything from what he called a “parallel” government being created by foreign security and aid agencies to the number of civilians killed by U.S. and NATO forces. He said those forces have taken the fight “to the villages of Afghanistan where there were no terrorists.”

U.S. and NATO commanders say the Taliban is using villagers as human shields.

Mr. Karzai also blamed Afghanistan’s endemic corruption in part on foreign contractors who “contract, then subcontract, and then another subcontract and then perhaps another subcontract.” The process “means immense possibilities of major corruption.”

In one of the few positive notes, Mr. Karzai said relations with Pakistan, where the Taliban and al Qaeda have taken over wide swaths of territory in Pakistan’s Northwest, have improved considerably since President Asif Ali Zardari took office in September.

Mr. Zardari’s predecessor, Pervez Musharraf, a former general who came to power in a 1999 coup, won Washington’s backing after the Sept. 11, 2001, attacks but was frequently accused by Afghanistan and Western governments of not doing enough to combat Islamic militants.

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U.S. Military Expects Surges in Stress Disorders

November 26, 2008, Fort Campbell, KY – Some 15,000 U.S. soldiers are heading home to this sprawling base after spending more than a year at war in Iraq and Afghanistan, and military health officials are bracing for a surge in brain injuries and psychological problems among those troops.

Facing prospects that one in five of the 101st Airborne Division soldiers will suffer from stress-related disorders, the base has nearly doubled its psychological health staff. Army leaders are hoping to use the base’s experiences to assess the long-term impact of repeated deployments.

The three 101st Airborne combat brigades, which have begun arriving home, have gone through at least three tours in Iraq. The 3rd Brigade also served seven months in Afghanistan, early in the war. Next spring, the 4th Brigade will return from a 15-month tour in Afghanistan. So far, roughly 10,000 soldiers have come back; the remainder are expected by the end of January.

Army leaders say they will closely watch Fort Campbell to determine the proper medical staffing levels needed to aid soldiers who have endured repeated rotations in the two war zones.

“I don’t know what to expect. I don’t think anybody knows,” said Gen. Peter Chiarelli, vice chief of staff of the Army, as he flew back to Washington from a recent tour of the base’s medical facilities. “That’s why I want to see numbers from the 101st’s third deployment.”

What happens with the 101st Airborne, he said, will let the Army help other bases ready for similar homecomings in the next year or two, when multiple brigades from the 4th Infantry Division and the 1st Cavalry Division return.

Noting that some soldiers in the 101st Airborne units have been to war four or five times, Chiarelli said he is most worried the military will not be able to find enough health care providers to deal effectively with the troops needing assistance.

Many of the military bases are near small or remote communities that do not have access to the number of health professionals who might be needed as a great many soldiers return home.

More than 63,600 active duty Army soldiers have done three or more tours in Iraq or Afghanistan. That is nearly 12 per cent of the total number of soldiers who have deployed at least once. Roughly four in 10 soldiers who have gone to war have served more than one deployment – and that number is growing steadily.

One solution under discussion is the formation of mobile medical and psychological teams that can go to Army bases when they are expecting a surge in activity from returning units.

At Fort Campbell, the director of health services, Col. Richard Thomas, has roughly doubled his authorized staff of psychologists and behavioural specialists to 55 and is trying to hire a few more.

“I think we have enough staff to meet the demands of the soldiers here, but I could use more, and I’ll hire more if I can,” said Thomas. “I’ll hire them until they tell me to stop.”

He said he expects the increased staffing levels to last at least through next year.

For the first time, Thomas said, every soldier returning home will have an individual meeting with a behavioural health specialist and then go through a second such session 90 days to 120 days later.

The second one is generally the time when indications of stress surface, after the initial euphoria of the homecoming wears off and sleeplessness, nightmares, and other symptoms show up.

“We’re seeing a lot of soldiers with stress-related issues,” he said. “They’re not bipolar or schizophrenic. But they’re deploying three and four times and the stress is tremendous. They’re having relationship issues, financial issues, marital problems – all stress-related.”

According to Dr. Bret Logan, deputy commander for managed care at the base, extended war zone stints that have lasted as long as 38 months over the course of the wars in Afghanistan and Iraq have taken a severe toll.

More than 3,000 of the 15,000 troops returning home, Logan estimated, probably will experience headaches, sleep disorders, irritability, memory loss, relationship strains or other symptoms linked to stress disorders.

Medical staff at Fort Campbell say they also worry that there will be a new surge of suicides – an escalating problem in recent years, largely related to the stresses of war.

Jon Soltz, an Iraq war veteran and chair of VoteVets.org, said more soldiers will have stress-related problems, and the military must be vigilant in diagnosing and treating post-traumatic stress disorder to head off more serious issues.

“The longer you are there (at war), the more PTSD you’re going to see. You wonder when it’s going to be your time,” he said.

Each returning soldier is evaluated through a seven-day reintegration program. It includes medical checkups, tests, lectures on suicide prevention and relationships, and other sessions to help them transition back into life at the base and with their families.

During his visit to Campbell, Chiarelli took a spin on one of the base’s simulators, which are used for soldiers having neurological or stress problems. The simulator can be used to test soldiers’ reflexes or as a way to work someone back into everyday situations.

With occupational therapist Eileen Hayes watching over his shoulder, Chiarelli adeptly negotiated the city streets, sudden turns and other obstacles moving at him on the small screen.

The simulators, said Logan, put patients in high stress scenarios to test their decision-making ability while under duress.

While soldiers have been routinely deploying for 15-month tours, most Marines serve about seven months and pilots deploy for about four months, although some may serve for tours of six months or longer.

Late this past summer, Pentagon leaders ordered a change, saying any soldier who deployed in August or after would serve 12-month tours. Army leaders say they want to reduce that to nine months, but doing so will be difficult considering the strains of fighting two wars at once.

Logan said that some 85 per cent of those soldiers with stress disorder symptoms will recover with the help of some treatment or medication. But the other 15 per cent will require more intensive help.

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Not Everything is Peachy at Gates’ Pentagon

November 25, 2008 – Defense Secretary Robert Gates has won plaudits all around for his stewardship of the Pentagon, enough so that (as Alex just noted) President-elect Barack Obama is reportedly likely to ask Gates to stick around for at least a year. But there is one thing the Pentagon has been up to lately that seems about as politically radioactive — and appalling — as it gets.

The Los Angeles Times reports that the Pentagon has narrowed its definition of a combat-related disability. The new rule construes January’s “wounded warriors” law to authorize denial of benefits to, say, Marine Cpl. James Dixon, who had trauma from both a roadside bomb and a mine. He suffered brain injury, a concussion and  hearing loss, and now he’s been diagnosed with post-traumatic stress disorder. Dixon eventually won his fight with the Pentagon, and the accompanying $16,000 in benefits. He told the Times, “I was blown up twice in Iraq, and my injuries weren’t combat-related? It’s the most imbecile thing I’ve ever seen.”

In a letter to the group Disabled American Veterans, William J. Carr, deputy undersecretary of Defense, wrote that the new, narrowly construed definition of “combat-related” was needed to preserve the “special distinction for those who incur disabilities while participating in the risk of combat, in contrast with those injured otherwise.”

Sen. Carl Levin, D-Mich., chairman of the Armed Forces Committee, denies that this was the intention of the law. “When the disability is the same, the impact on the service member should be the same no matter whether the disability was incurred while training for combat at Ft. Hood or participating in actual combat in Iraq or Afghanistan,” Levin says.

The group Disabled American Veterans accuses the Pentagon of purposefully cutting corners to save money. Whether that’s the case or not, it’s hard to think of anything more politically tone-deaf — and that’s just the start of what’s wrong with this.

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Post-Combat Coping Methods Vary, Troops Say

November 24, 2008 – Methods of coping with combat and its after effects vary as greatly as the effects themselves, six warriors participating in a conference panel here said. The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury hosted the “Warrior Resilience Conference: Partnership with the Line.” Combat veterans who spoke at the conference described a range of effects and needs in becoming resilient.

Army Maj. Stephen Williams was the head nurse with an outpatient unit of the 3rd Medical Command’s 28th Combat Support Hospital in Baghdad when the base was hit with mortars July 10.

Since then, Williams has dwelled not on what he saw or did that day, but on what he couldn’t do — save his battle partner, Army Capt. Maria Ortiz.

“I couldn’t provide assistance to my comrade who was actually lying next to me and ended up passing away,” said Williams, who was seriously wounded in his leg with a severed femoral artery.

Dealing with the reality that he couldn’t help Ortiz was just one piece of a larger puzzle for Williams. He also had to face how his injuries would affect him and his family. When he returned home to convalesce, he said, his young children wouldn’t touch him, for fear they would hurt him.

“In hindsight, I didn’t know enough to say, ‘Hey, we need to talk to them more [deeply] on this,” he said. “So, I think there’s something more that we could do for the families out there [to] let them come to grips with these situations.”

An Army couple at the conference, the Blackledges, also know how crucial it is to have family support during the healing process and just how important it is to come to grips with what’s happened.

Army Maj. Gen. David Blackledge, a West Point graduate, has served for 32 years and was serving with the 352nd Civil Affairs Command in support of Operation Iraqi Freedom in January 2003. He was on his last mission outside the wire before heading home when his convoy was ambushed. The vehicle he was riding in rolled and, among other injuries, he suffered a crushed vertebra.

It took nearly two years for him to fully recover and return to full duty. During this time his wife, Army Lt. Colonel-select Iwona E. Blackledge, learned how spouses cope with the effects of war.

She had attended family readiness group briefings. It was a good start, but there’s really no preparing for what she endured.

“It is very hard to prepare someone for that 5 o’clock call in the morning,” she said. “What helped was that it was my husband who called, so I knew he was OK. Once he hung up, I was all alone and that’s when the stress started.”

Talking to a psychiatrist at Walter Reed Army Medical Center here after her husband arrived gave her an idea of what to expect and how to deal with what might come up, she said.

Blackledge returned to theater after his recovery only to be injured again – much less severely — in a bombing.

Blackledge’s resiliency after combat, he said, came from family support and belief in the mission. Also, talking about it was a big help, he said.

“When I got to Walter Reed, they immediately assigned a psychologist to me,” as is protocol for all traumatic cases returning to the facility, Blackledge said. “He was really helpful because I was going through the dreams and all that stuff. He talked me through it, gave me some tips on how to deal with that [and] … what I would expect to deal with over the preceding weeks and months.”

Retired Army Capt. Dawn Halfaker said, for her, recovery was a three-part process that began in the hospital. That phase focuses on physically rebuilding the body. She lost an arm when her vehicle was ambushed with small-arms and rocket-propelled-grenade fire while she was serving in Baqouba, Iraq, in February 2004.

“I really, really would not be, I don’t think, here today or the person I am today without the physical therapy and occupational therapy that I received,” Halfaker said. “Although I wasn’t certainly busting out pushups or maxing my [physical test] … I was working toward a goal of getting better.

“That was really, I think, a positive and powerful phase for me,” she added.

Then, the West Point graduate entered the reintegration phase and realized it’s a journey that never ends.

“Every day something comes up that is difficult or challenging, or socially awkward or, I guess, psychologically challenging,” Halfaker said. “I feel like the support I had at Walter Reed and my family support and just sort of my ability through my work … to regain that sense of purpose is so critical to get through all those little frustrations.”

One thing that really helped, Halfaker said, was when she received a call from Army Lt. Gen. Martin Dempsey, former acting commander of U.S. Central Command, from Iraq. Halfaker had played on the West Point basketball team with Dempsey’s daughter.

“That was just huge. I can’t even explain how powerful that was,” she said of the call.

Retired Army Master Sgt. Christopher Scheuerman reiterated suggestions that leaders throughout the chain of command need to be involved with their troops, even before injuries occur.

After a disciplinary action and corrective training for being what the Army labeled a “malingerer,” Scheuerman’s son, Jason, assigned to the 3rd Infantry Division at the time, killed himself, Scheuerman told the audience.

“We have a foundation of support, that foundation being our chain of command, the chaplaincy and medical,” Scheuerman said. “Very seldom do all three of those foundations of support fail.

“In this case, all three did,” he added.

Realizing he was suffering from post traumatic stress disorder, Scheuerman, who trains medics at Fort Bragg, N.C., began seeing a therapist and never failed to mention it to his students.

“Just by telling them that, almost every class, three of four of them would come to me later and say, ‘How did you start that? I need to do that, too,'” he said. “We have to err on the side of soldiers’ safety, because if we make a mistake, resiliency breaks down [and] we lose a soldier.

“It’s horrible to lose the soldiers we have to, [but] it’s an absolute tragedy to lose a soldier we shouldn’t.”

Retired Marine Sgt. Andrew Brandi, who works with veterans returning from combat, is working to prevent losing any more servicemembers to what he described as the “norm” for his generation.

“I was sitting down with three of my good Marine Corps buddies, all [diagnosed as] 100 [percent PTSD disabled] … not too long ago. Relationships came up,'” Brandi said. “Between the four of us … we had 23 wives. I’ve had 65 jobs, five major career changes and three wives, so I was by no means the record holder in this group.”

But one of his buddies piped up to say that’s “normal” for what they’d been through.

“He was right. For my generation that’s normal,” Brandi said. “We do not want this generation to go through what we have for the last 40 years.”

Veterans have the strength to overcome, but it won’t be easy, Brandi said.

“I want these young folks to know they have the strength as warriors to get through the [Veterans Affairs] programs and face it,” he said. “Is it easy? Hell, no. But is it worth it? Absolutely.

“Life can be excellent, but it takes a lot of guts … to get through it,” he added. “We have the strength to do this.”

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Injured Veterans Engaged in New Combat

November 25, 2008 – Marine Cpl. James Dixon was wounded twice in Iraq — by a roadside bomb and a land mine. He suffered a traumatic brain injury, a concussion, a dislocated hip and hearing loss. He was diagnosed with post-traumatic stress disorder.

Army Sgt. Lori Meshell shattered a hip and crushed her back and knees while diving for cover during a mortar attack in Iraq. She has undergone a hip replacement and knee reconstruction and needs at least three more surgeries.

In each case, the Pentagon ruled that their disabilities were not combat-related.

In a little-noticed regulation change in March, the military’s definition of combat-related disabilities was narrowed, costing some injured veterans thousands of dollars in lost benefits — and triggering outrage from veterans’ advocacy groups.

The Pentagon said the change was consistent with Congress’ intent when it passed a “wounded warrior” law in January. Narrowing the combat-related definition was necessary to preserve the “special distinction for those who incur disabilities while participating in the risk of combat, in contrast with those injured otherwise,” William J. Carr, deputy undersecretary of Defense, wrote in a letter to the 1.3-million-member Disabled American Veterans.

The group, which has called the policy revision a “shocking level of disrespect for those who stood in harm’s way,” is lobbying to have the change rescinded.

Sen. Carl Levin (D-Mich.), chairman of the Armed Services Committee, said the Pentagon’s “more conservative definition” limited benefits for some veterans. “That was not our intent,” Levin said in a statement.

He added: “When the disability is the same, the impact on the service member should be the same no matter whether the disability was incurred while training for combat at Ft. Hood or participating in actual combat in Iraq or Afghanistan.”

Pentagon officials argue that benefits should be greater for veterans wounded in combat than for “members with disabilities incurred in other situations (e.g., simulation of war, instrumentality of war, or participation in hazardous duties, not related to combat),” Carr wrote.

But veterans like Dixon and Meshell said their disabilities were a direct result of wounds suffered in combat.

Dixon said he was denied at least $16,000 in benefits before he fought the Pentagon and won a reversal of his noncombat-related designation.

“I was blown up twice in Iraq, and my injuries weren’t combat-related?” Dixon said. “It’s the most imbecile thing I’ve ever seen.”

Meshell, who is appealing her status, estimates she is losing at least $1,200 a month in benefits. Despite being injured in a combat zone during an enemy mortar attack, she said, her wounds would be considered combat-related only if she had been struck by shrapnel.

Meshell said the military had suggested that at least some of her disability was caused by preexisting joint deterioration. “Before I went over there, I was fine — I was perfectly healthy,” Meshell said. “This whole thing is causing me a lot of heartache.”

Kerry Baker, associate legislative director of Disabled American Veterans, has accused the Pentagon of narrowing the definition of combat-related disabilities to save money. He said the change would reduce payments for tens of thousands of veterans — those already wounded and those injured in the future.

“This is going to hurt a lot of people,” Baker said. “It’s one of those things that when you first look at it, you think: ‘Wow. How can this be?’ “

In a letter to members of Congress, the Disabled American Veterans accused the Pentagon of “mutilating” the statutory definitions of combat-related disabilities as part of a “deliberate manipulation of the law.”

The January legislation was aimed at allowing troops wounded in combat and combat-related operations to collect disability severance from the military and disability compensation from the Department of Veterans Affairs.

Disability severance is based on past service. Disability compensation is based on future loss of earning potential. Previously, veterans with combat-related disabilities received reduced monthly VA compensation until their severance money was recouped. That is still the case for those whose injuries are not deemed combat-related.

Years ago, Congress adopted a detailed definition of combat-related disabilities. It included such criteria as hazardous service, conditions simulating war and disability caused by an “instrumentality of war.” Those criteria were not altered in the January legislation.

The Pentagon, in establishing an internal policy based on the legislation, in March unlawfully stripped those criteria from the legislation, the Disabled American Veterans said.

“We do not view this as an oversight,” Baker testified before Congress in June. “We view this as an intentional effort to conserve monetary resources at the expense of disabled veterans.”

The Pentagon changes focused on “tip of the spear” fighters, or those “in the line of duty in a combat zone,” said Eileen Lainez, a Pentagon spokeswoman. They comprise “a very special, yet limited, subset of those who matriculate through the Disability Evaluation System,” Lainez wrote in an e-mail response to a request for comment.

In many cases, veterans say, they are not told why their disabilities are not considered combat-related.

Dixon said he did not realize he had been put in a noncombat-related category until he began questioning his disability payments. It took more than six months of phone calls, letters and appeals — plus help from the Disabled American Veterans and a member of Congress — to overturn his designation.

Navigating the Pentagon’s bureaucracy was made more difficult because Dixon’s brain injury resulted in short-term memory loss. He had to write everything down in notebooks and calendars.

“It was a nightmare,” Dixon said. “Most veterans don’t know how the system works, or how to fight it. They don’t realize all the obstacles they put in your way to keep you from getting what you deserve.”

Meshell said the military disability system was so complex that few veterans were equipped to navigate it.

“I’m a college graduate. I’m not a dumb person. But honestly, I can’t begin to explain some of this stuff,” she said.

After five years of active duty, a combat tour in Iraq and 12 years in the National Guard and Reserves, she thinks she deserves the full disability benefits authorized by Congress for veterans injured in combat.

“I earned them,” she said. “I went to Iraq. I was in combat. I got injured.”

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Army Uses Video Games in Suicide Prevention

November 26, 2008 –   As the strains of war push the Army’s suicide rate up to an all-time high, the service is turning to a fictional soldier named Spc. Kyle Norton to encourage soldiers to seek help faster.

Suicides among soldiers have increased dramatically in the last several years, up by 46 percent since the US invaded Iraq in 2003. Senior service officials recognize that the wars have affected soldiers in the form of post traumatic stress disorder and other manifestations of mental depression, but still haven’t completely figured out how to address the issue.

The Army is conducting new training, handing out “buddy cards” to alert soldiers to problems among their friends, and recently announced a new five-year study to be undertaken with the National Institute of Mental Health.

But one of the more novel solutions is an interactive game called “Beyond the Front,” starring Specialist Norton, a character in a kind of modern-day military morality play. The service plans to send out thousands of copies of the game – part of an Army suicide prevention program costing almost $1 million – to educate soldiers about the dangers of not seeking help when they most need it.

Role playing for real life problems

Users of the interactive video watch a drama unfold on screen and then make decisions that affect the outcome for the characters. In one scenario, Norton receives a “Dear John” letter, and then a roadside bomb kills a buddy, setting off a chain of events that require players to make decisions for the main character. Players who repeatedly choose to reach out to fellow soldiers and family members within the scenario get a happy ending. Players who opt – in their character – not to tell anyone about their problems will steer the game to a sad end.

Another scenario focuses on a soldier’s role in preventing a buddy’s suicide.

“People are drawn into it, they see themselves because [the situations in the movie] are very realistic,” says Sharon Sloane, president and chief executive officer of WILL Interactive, which made the film and has produced such training films for more than a decade. “The problems resonate, and they feel the emotions of the characters because they look like and sound like and behave like them, so it becomes a first-person experience.”

Ms. Sloane says the video gives soldiers a chance for players to walk in someone else’s shoes.

“It’s an opportunity to play it out before you live it out,” she says.

The emergence of this relatively untested approach illustrates the difficulty the Army has in combating the effects of depression on a service exhausted by war.

Army suicides have increased from 79 in 2003 to 115 last year, not including attempts. About two-thirds were deployed or had deployed when they committed suicide. Senior Army officials expect this year’s rate to be even higher. If so, the Army suicide rate could surpass that of the general US population of 19.5 per 100,000 people.

“One suicide is too many,” says Col. Thomas Languirand, chief of Command Policies and Programs Division for the Army. He says the Army is not yet sure how exactly it will use the “Beyond the Front” video and won’t say how many copies it plans to buy. It’s just one “tool in the toolbox” for suicide prevention, says Colonel Languirand.

Ultimately, it’s not about videos or pocket cards or any other programs, but about educating soldiers to look out for each other, he adds.

“If we can have soldiers understand what those behaviors are that may lead to suicidal behavior, we believe we can have them intervene and that is where we can have the most payoff.”

The Marine Corps has its own problems. That service saw a high of 34 suicides in 2004, or 17.5 suicides per 100,000 marines, not including attempts. The number dropped to 25 in 2006 but has begun to increase again.

Persuading soldiers to get help

The key to suicide prevention lies in overcoming the stigma of seeking help. Individuals typically find it difficult to seek help for a mental disorder or even mild post-traumatic stress disorder in a military environment that stresses toughness and derring-do.

Earlier this year, Defense Secretary Robert Gates changed Question 21 on a Defense Department survey required for security clearance, exempting soldiers from reporting mental-health treatment related to combat injuries or family issues. The move was seen as a major step in recognizing that professional counseling is a positive step, not a negative one.

“It’s time we made everyone in uniform aware that the act of reaching out for help is one of the most courageous acts – and one of the first steps – to reclaiming your career and future,” said Adm. Mike Mullen, in announcing the change in May.

Soldiers or marines who return from war with mental disorders may be predisposed to having them. But the severity of the trauma they encounter there can also turn a healthy soldier or marine into a sick one, says Dr. Jan Fawcett, a psychiatrist who has consulted for both military and police departments.

“You can take people who look pretty healthy and run them through the … grinder and they will come out in shards,” he says.

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Nov 26, VCS in the News: Chairman Bob Filner Describes a ‘Culture of Dishonesty’ at VA

Paul Sullivan places much, if not all, of the blame squarely on President George W. Bush’s shoulders.  “Additional funding and new laws pushed through by Congress in 2007 should have some impact next year,” Sullivan said in an interview. “But until VA’s failed leadership is removed, until VA’s policies are streamlined, and until VA’s budget is significantly increased and stabilized, then the legacy of President Bush’s failures may last for generations.” Chairman Bob Filner agreed with Sullivan’s assessment and said the VA is now at a “critical juncture.”

November 25, 2008 – The economic meltdown that has dominated media coverage over the past several months has overshadowed a crisis at the Department of Veterans Affairs, an agency in dire need of new leadership, veterans groups and Democratic lawmakers say.

VA is now treating more than 350,000 Iraq and Afghanistan war veterans and with the war in Iraq guaranteed to continue for at least another three years, and with the possibility of more troops being sent to fight in Afghanistan, tens of thousands of those veterans will likely seek medical care and benefits from the VA for combat related injuries.

But the VA is still unprepared to meet these challenges.

In recent months, as benefits claims have piled up at the VA, some of the agency’s 250,000 employees have apparently become so overwhelmed with their work load that they were prepared to shred hundreds of benefits claims in order to avoid processing the forms, thereby denying veterans the benefits they have come to depend upon to survive.

Last month, internal watchdogs discovered 500 benefits claims in shredding bins at the 41 of the 57 regional VA offices around the country.

The incident resulted in hastily arranged roundtable discussion last week led by House Veterans Affairs Chairman Bob Filner who excoriated the VA for creating a “culture of dishonesty” that he said has become so pervasive over the years that it has completely shattered the confidence of war veterans who feel they can no longer depend on the agency for help when they return from combat.

“This episode has further strengthened my belief that VA desperately needs new leadership, and it needs new leadership today,” Filner, D-CA, said. “These incidents and “mistakes,” all occurring to the detriment of our veterans and never to their benefit, remind me more of the Keystone Cops rather than a supportive organization dedicated to taking care of our veterans.

“First, I am not convinced that only 500 documents were saved from the shredding bin. This is merely a snapshot in time. The VA was unable to convince me that more documents have not been shredded in the past and I honestly do not know how many records have been destroyed and how many files lost over the past decades.”

Two days before the Nov. 19 meeting, Secretary of Veterans Affairs Dr. James B. Peake responded to the controversy stating that he was “deeply concerned that improper actions by a few VA employees could have caused any veterans to receive less than their full entitlement to benefits earned by their service to our nation.”

“In rectifying this unacceptable lapse, VA will be guided by two principles – full accountability for VA staff and ensuring veterans receive the benefit of the doubt if receipt of a document by VA is in question,” Peake said.

The VA extended the deadline to Nov. 19, 2009 for veterans to re-submit benefits claims filed between April 14, 2007 and Oct. 14, 2008 may have ended up in one of the 47 shredding bins. Additionally, the agency said shredding equipment at regional offices is now under the control of the facility records management officer.  The VA said all bins that contain documents for shredding are subject to review and two people and the facility records management officer must approve benefits claims that are shredded. 

Peake said the VA’s inspector general is continuing to investigate cases “where inappropriate shredding may be traceable to a specific employee” and the agency will initiate “legal and disciplinary action…to hold accountable any employee who has acted improperly.”

Admiral Patrick Dunne, the Under Secretary for Benefits for the VA, who attended last week’s roundtable discussion with Filner, said benefits claims slated for the shredder underscores the VA’s need to address poor document handling procedures. It doesn’t mean the VA trying to prevent veterans from obtaining benefits.

Dunne suggested the VA move to an electronic filing system to safeguard benefits claims.

But Filner said he doesn’t trust the VA and does not believe, under Peake, that the agency can get its act together.

“We have heard promises from the VA before,” Filner said. “We have heard that the claims process will go paperless. Training will be improved. VA’s latest promise is that veterans can submit statements containing information that will be used in the adjudication process in lieu of documents missing from their files. While this is an important step forward, I am skeptical that this new step will become part of the claims process.

“Additionally, the VA’s outreach has been limited to a reliance on media reports and a message on the VA website. The VA did not report a systematic way of reaching out to veterans to alert them of new policies that may have huge implications in their claims going forward. Congress must hold the VA accountable for a job not well done. A complete paradigm shift is necessary and I look forward to working with new leadership to correct the problems plaguing the benefits claims system.”

The VA has been the subject of numerous lawsuits related to the backlog of benefits claims that in some cases can take as long as a six month to process and as long as four years to appeal if they are rejected.

In the book, “The Three Trillion Dollar War,” by Joseph Stiglitz and Linda Bilmes, the authors wrote that “even in 2000, before the war” the VA was the subject of numerous Government Accountability Office studies that “identified long-standing problems, including large backlogs of pending claims, lengthy processing time for initial claims, high rates of error in processing claims, and inconsistency across regional offices.”

“In a 2005 study,” Stiglitz and Blimes wrote, “the GAO found that the time to complete a veteran’s claim varied from 99 days at the Salt Lake City Office to 237 days in Honolulu. In a 2006 study, GAO found that 12 percent of claims were inaccurate.”

The authors estimate that the VA will spend hundreds of billions of dollars in healthcare and disability benefits over several decades and the process for approving benefits claims could average one year. Last March, the VA was sued in federal court by two veterans groups who sought a preliminary injunction to force the VA to immediately treat veterans who show signs of post traumatic stress disorder and are at risk of suicide and to overhaul internal system that handles benefits claims.

The federal judge who presided over the case, ruled last June that he lacked the legal authority to force the VA to immediately treat war veterans suffering from post-traumatic stress disorder (PTSD) and could not order the VA to overhaul its internal systems that handle benefits claims and medical services. However, in an 82-page ruling U.S. District Court Judge Samuel Conti said that it is “clear to the court” that “the VA may not be meeting all of the needs of the nation’s veterans.”

During a trip to Alaska in May to meet with a Vietnam veteran, Peake, the Secretary of the VA, said concerns about PTSD were “overblown” and likened some cases “to what anyone who played football in their youth might have suffered.”

He said veterans who suffer from the disease just “need a little counseling” and don’t “need the PTSD label their whole lives.”

Peake’s comments were made just a couple of weeks after the RAND Corporation released a study that said about 300,000 U.S. troops sent to combat in Iraq and Afghanistan suffered from major depression or PTSD, and 320,000 received traumatic brain injuries largely due to multiple deployments.

“There is a major health crisis facing those men and women who have served our nation in Iraq and Afghanistan,” said Terri Tanielian, a researcher at RAND who worked on the study.

“Unless they receive appropriate and effective care for these mental health conditions, there will be long-term consequences for them and for the nation. Unfortunately, we found there are many barriers preventing them from getting the high-quality treatment they need.”

On July 25, the veterans advocacy groups who filed the lawsuit against the VA, Veterans for Common Sense and Veterans United for Truth, appealed the judge’s ruling at the 9th Circuit Court of Appeals. They are still waiting to hear if the appeals court will hear the case.

Now the VA is the subject of a similar lawsuit filed by two other veterans advocacy groups who claim that the VA’s failure to process benefits claims in a timely manner has caused severe economic hardships for hundreds of thousands of veterans.

“The VA’s failure to provide timely benefits decisions often leads to financial crises, homelessness, addiction and suicide,” says the lawsuit filed two weeks ago in U.S. District Court for the District of Columbia by Vietnam Veterans for America and Veterans of Modern Warfare.

The lawsuit demands the VA provide veterans with interim benefits while they wait for their claims to be processed.

Paul Sullivan, the executive director of Veterans for Common Sense, said the VA has a full-blown crisis on its hands. In a letter sent to President-elect Barack Obama recently, Sullivan said the VA needs “an immediate overhaul to avert a perfect storm of problems threatening to overwhelm” the agency.

“The economic recession is forcing more veterans who have lost their jobs and medical care into VA,” Sullivan said. The VA “faces a tsunami of up to one million Iraq and Afghanistan veterans flooding into VA. And…VA faces a surge of hundreds of thousands of additional Vietnam War veterans seeking care for mental health conditions as well as medical conditions linked to Agent Orange poisoning.

“Our vision is that whenever a veteran comes to any VA facility, his or her medical and benefit needs should be quickly and completely addressed, without red tape, delay, stigma, or discrimination. For too many veterans this vision is a fantasy, however, because recent VA leadership has failed to put our veterans first and has inadequately funded vital services and programs.”

On his transition website, change.gov, Obama said he intends to “Fix the Benefits Bureaucracy: Hire additional claims workers, and improve training and accountability so that VA benefit decisions are rated fairly and consistently. Transform the paper benefit claims process to an electronic one to reduce errors and improve timeliness.”

According to Sullivan’s organization, less than half of the veterans diagnosed with PTSD by VA receive disability compensation. Out of 83,436 Iraq and Afghanistan war veterans diagnosed with PTSD by VA, only 38,448 (or 46 percent) were granted service connection for PTSD by VA.

Sullivan places much, if not all, of the blame for such fasquarely on President George W. Bush’s shoulders.

“Additional funding and new laws pushed through by Congress in 2007 should have some impact next year,” Sullivan said in an interview. “But “until VA’s failed leadership is removed, until VA’s policies are streamlined, and until VA’s budget is significantly increased and stabilized, then the legacy of President Bush’s failures may last for generations.”

Filner agreed with Sullivan’s assessment and said the VA is now at a “critical juncture.”

The VA “is on the verge of completely losing the trust and confidence of the people that it is supposed to represent – the very same people it has been entrusted to care for,” he said. These [benefits claims] are matters of life and death for some of these veterans.”

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