Military Veterans’ Benefit Claims Records Wrongly Headed for VA Shredders

October 31, 2008 – If military veterans applying for benefits either haven’t gotten a reply from the U.S. Department of Veterans Affairs or received a different response than expected, it could mean that evidence for their claim file wound up in the shredder.

A nationwide review of the VA’s 57 regional offices has found that 41 had records in their shredder bins that shouldn’t have been there. In all, nearly 500 benefit claims records had been erroneously slated for destruction, including claims for compensation, notices of disagreement with a claim decision, and death certificates.

That number could drop, because the investigation is still tracking down some claims folders to see whether or not the records have already been incorporated into them. But officials also remain unsure how long the situation has been going on—and how many veterans may have been affected.

“The common problem in the VA system has been delays in getting the mail to the [veteran’s] file,” says Steve Smithson, deputy director of veterans affairs at the American Legion. “But shredding documents that may be relevant to the claim is new to us.”

The issue first surfaced when audits by the VA’s Office of Inspector General found records erroneously placed in shredder bins in the VA office in Detroit. In an ensuing nationwide review, the VA discovered that the Detroit office was only part of the problem. There are 474 documents that still cannot be identified as duplicated in veterans’ claim files. Three offices have contributed more than half: St. Louis, with 94; Columbia, S.C., with 95; and Cleveland, with 53.

Particular individuals in the Columbia and St. Louis offices are being “looked at closely” in an ongoing investigation, VA Undersecretary for Benefits Patrick Dunne says. “They are not handling clients.” Sources from veterans’ organizations say they believe the two potential perpetrators to be under administrative leave. The Cleveland office also remains under investigation, and no particular worker has yet been identified as the source of the problem there.

VA’s shredder bins typically are emptied once or twice a week, meaning that the 474 documents may represent only a few days’ worth of errors. It will be nearly impossible to figure out how many documents had been incorrectly destroyed in the past—or if any have, Dunne says.

The approximately 50 different kinds of records found slated for destruction—including nine compensation claims, 18 notices of disagreement with a decision, and two death notices—could be key pieces of evidence for a veteran’s application for benefits, says Jerry Manar, the national veterans service deputy director for the Veterans of Foreign Wars. If a key piece of evidence has been shredded, “it can result in the denial of a claim,” Manar says. More than 800,000 claims of various kinds are currently pending in the VA’s backlog.

The VA has taken swift action in an attempt to get the situation under control. All regional offices were immediately ordered to halt any shredding until changes are put in place. Training began in some of the regional offices this week to re-educate employees on the proper procedures for filing and shredding papers.

Meanwhile, a policy is being drafted to strengthen oversight in the regional offices. The revised policy likely will include a two-person review, in which an employee will initial and date a document slated for shredding, give it to his or her supervisor for review, and only then destroy it.

Some in the veterans community are urging more oversight. Rep. Bob Filner, head of the House Committee on Veterans’ Affairs, recently announced that he will hold a hearing on the issue the week of November 17.

Veterans are urged to call their service officers or the VA itself if they have any reason to think their claims file is incomplete, particularly if they have not received a letter of acknowledgement for the submission of a claim after 30 days or if the VA’s list of documents received seems incomplete.

“We can’t tolerate even one veteran’s piece of paper being missing,” Dunne says. “We’re taking action to make sure it doesn’t happen again.”

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Nov 1: Shoot the Messenger – VA Tries to Fire Doctor-Turned-Whistleblower in Texas

October 31, 2008 – It all began with such promise. The Brain Imaging and Recovery Laboratory, launched in January, would hunt for treatments for what has become the Iraq war’s signature ailment: traumatic brain injury. A program of the Central Texas Veterans Health Care System, part of the U.S. Department of Veterans Affairs, BIRL was housed at the University of Texas’ J.J. Pickle Research Campus, where VA researchers had access to UT’s $2.7 million brain scanner to help diagnose invisible head injuries.

But now, BIRL’s research has ceased, and the program’s director, neurologist Dr. Robert Van Boven, has been suspended from duty with pay since September, while the VA decides what to do with him. On Oct. 15, the VA held a closed hearing to determine whether or not to terminate Van Boven’s employment. A board presiding over the hearing is expected to make a recommendation to Thomas Smith, the director of the Central Texas system, within a few weeks.

Van Boven is a compact, tightly wound man. Fast-talking and brimming with energy, he could serve as poster boy for the type A personality. His educational and professional feats match his tireless demeanor. Van Boven earned a doctorate in dental surgery from the University of Illinois and an M.D. from the University of Missouri. He completed two neurology residencies, at Harvard’s Beth Israel Deaconess Medical Center and at Northwestern University. He has worked as a clinician at the National Institutes of Health and as an associate professor at Chicago Medical School and Louisiana State University.

The Central Texas VA system, based in Temple, hired Van Boven in July 2007 to start up the BIRL program. At the time, VA officials may have considered themselves lucky to find Van Boven and woo him into running their modest $4.2 million brain research program. Van Boven, in turn, was excited to work on potentially groundbreaking research that could help thousands of soldiers returning from active duty with head injuries.

“I had a chance to help 40,000 veterans with brain injury,” Van Boven said. “I felt this was a gift and a blessing to help those who have served and suffered, and I am well trained to do it. … I don’t want these soldiers to become the next generation of homeless veterans.”

Uncovering Waste at the VA

But within a few months, the relationship between Van Boven and his bosses was turning sour. Maybe they weren’t expecting a take-charge go-getter like Van Boven. And perhaps the doctor wasn’t ready for the stodgy, insular environment of one of the country’s most notoriously inexpedient bureaucracies.

The VA in general and the Central Texas Veterans Health Care System in particular are not models of efficiency. The Central Texas system – which runs two hospitals in Temple and Waco, five outpatient clinics, two nursing homes, and two rehabilitation centers – ranks 118th in patient satisfaction out of 139 veteran health-care systems in the country. The local system made national news when the press was leaked an e-mail from Norma Perez, a post-traumatic stress disorder coordinator in Temple, advising mental-health professionals not to diagnose patients with PTSD “straight out,” because “we really … don’t have time to do the extensive testing that should be done to determine PTSD” – a serious mental illness that can, among other things, lead to suicide and homicide.

Almost immediately, Van Boven observed what he calls fraud, waste, and research mismanagement totaling $1.2 million in misused funds. He was concerned about research being conducted at BIRL by a VA physician – an inexperienced researcher, Van Boven says, whose work was flawed and of “highly questionable scientific merit.” To be certain, he sought the opinion of five experts, including researchers at the Wilmer Eye Institute, Johns Hopkins University, and Harvard, to review documents related to the research. “All five uniformly panned the research,” Van Boven says.

Moreover, the research was costly. Exper­i­ments took more time on the MRI brain scanner (240 hours at $487 per hour over nine months) than they should have, Van Boven thought. And the research didn’t have anything to do with traumatic brain injury incurred in combat. The research was related to diabetic retinopathy, or blindness triggered by diabetes.

According to Van Boven, he also discovered that a consultant helping with the research was billing the VA for hours that he had not worked and that a grant proposal the consultant had written was plagiarized, lifted almost word for word from an Oxford University document posted on the Web. The consultant was paid $107,000 in fiscal year 2007, with, according to Van Boven, little to show for it. “There is no grant proposal, no publication, nothing has come out of this research that the VA spent over $1 million of taxpayer money on,” he says.

In September of last year, Van Boven voiced his concerns to Dr. Paul Hicks, associate chief of staff for research with the Central Texas Veterans Health Care System. According to Van Boven, Hicks took no action. In the following months, Van Boven repeatedly asked VA leadership for an investigation into the research he alleged was fraudulent. Those requests were not only ignored, but Hicks stripped Van Boven of his oversight duties concerning the diabetic retinopathy research and threatened him with reassignment. When contacted, Hicks referred all questions to Nelia Schrum, the Central Texas system’s public affairs officer, who replied in an e-mail, “It is the VA policy not to comment on ongoing administrative reviews.”

In February, Van Boven went over his bosses’ heads and reported his concerns to the VA Office of Inspector General. In a July 29 report, the office partially substantiated his allegations. The report agreed that “BIRL funds had been misspent since approximately September 2006 because eight hours of magnetic resonance imaging (MRI) scanner time [a week] … was paid to the University of Texas Austin without BIRL research to support expenditures of this magnitude.” The report “neither substantiated or refuted” Van Boven’s allegation of waste in the payment of the consultant due to a technicality: The consultant didn’t have a contract with the VA. In the absence of a contract spelling out expectations, the Office of Inspector General could not determine whether or not the consultant was overpaid.

On Oct. 21, Dr. Robert Van Boven wrote an 11-page letter to the U.S. Senate Committee on Veterans Affairs, asking for a review of questionable actions and procedures at the Central Texas Veterans Health Care System in Temple. This excerpt from the letter offers a snapshot of one of Van Boven’s allegations as well as the personal atmosphere at the Central Texas system. Download the whole letter.However, the report did conclude that payments to the consultant were against VA policy. “VA Handbooks … do not permit hourly payments under a free basis contract,” the report states. “Rather, consultants must be paid on the basis of services rendered and not on the basis of time taken to complete tasks.”

The report recommended that the Central Texas VA cease paying for the eight hours a week of MRI scanner time in the absence of a contract and execute a contract with the consultant for further work. The report also recommended that the Central Texas VA’s Office of Research & Development and Institutional Review Board review the research in question and address issues identified in the report.

“All recommendations of the VA’s OIG report have been appropriately addressed and necessary actions taken to ensure compliance,” Schrum wrote. “More oversight has been put in place to ensure that research complies with directives put in place by our Institutional Review Board.In addition, Central Texas Veterans Health Care System has just received a three-year accreditation after an extensive review by the Association for the Accreditation for Human Research Protection Programs.”

How Do We Get Rid of This Guy?

You’d think Van Boven’s VA bosses would have been happy that he had rooted out misuse of taxpayer money. If they were, they didn’t show it. Instead, they called for an investigation into allegations of misconduct against Van Boven – allegations which, curiously, began to accumulate soon after Van Boven started needling his VA bosses about his concerns over waste and mismanagement.

Now a bona fide whistle-blower, Van Boven won’t be so easy to kick out of the VA system. Federal law protects people who allege misconduct within an organization from retaliation, including harassment, demotion, or termination of employment. Nevertheless, they’re trying. VA officials in Temple have assembled a laundry list of allegations against Van Boven and are using it as grounds for possible termination. Among them:

• Insubordination for defying orders to refrain from organizing a fun run to benefit traumatic brain injury research – even though a letter from the VA regional counsel opined that Van Boven was free to organize the event as a private citizen.

• Hanging a personalized door tag outside of his office.

• The use of profanity and engaging in “threatening gestures” at work. The employee who made the allegations occasionally socialized with Van Boven’s family outside of work and has since moved out of state. Van Boven admits he occasionally used profanity at work but says it was never directed toward a person. He says he never made threatening gestures to the employee.

• “Disrespecting” Sen. John Cornyn at a BIRL event attended by the senator. The VA alleges Van Boven inconvenienced the senator by allowing the event to run long in order to allow two veterans not on the agenda to speak. Cornyn’s office wrote a letter denying that Cornyn felt disrespected.

• Sexual harassment. A subordinate claims that he overheard Van Boven asking a female UT researcher about her sex life. The researcher, who does not work for Van Boven, wrote a letter vehemently refuting the accusation.

In mid-September, Van Boven was suspended with pay and now awaits the review board’s decision and his professional fate. (The review board, incidentally, declined to hear testimony from Van Boven’s former supervisor, who wrote a letter in support of him.)

All of which raises another question: Why would an obviously smart and qualified neurologist put up with such nonsense?

Van Boven says he’s looked for other work – but something called “Google” has thus far worked against him. When you search his name, the whistle-blowing stuff lands at the top of the heap. He had accepted a job at a small private practice in Illinois, but when the doctors there read about the brouhaha in Austin, they decided not to hire him. “They said they were worried about loyalty and integrity,” Van Boven says. “My reputation has been damaged. Some people might admire a whistle-blower, but nobody wants to hire one.”

So for now, Van Boven is standing his ground and fighting like a soldier against the VA. The doctor has now reached beyond the VA and has contacted a host of federal agencies with allegations of waste, mismanagement, and misconduct of VA officials in Temple. He has sent letters to Cornyn, the U.S. Senate Committee on Veterans Affairs, and even the FBI. And he’s just beginning.

“My reputation is at stake, so there is no slipping away into the night,” Van Boven says. “If they succeed and I am truly a dead man, then they will have to deal with the stench of my corpse.”

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Iraq Wants Guaranteed U.S. Military Departure by 2011

October 30, 2008, Baghdad – Iraq wants to remove any possibility that U.S. troops could remain after 2011 from a proposed security agreement now under negotiation, a Shiite lawmaker close to Prime Minister Nouri al-Maliki said Thursday.

The current draft would have U.S. soldiers leave Iraq by Dec. 31, 2011, unless the government asks them to stay to help with training or other missions. But Ali al-Adeeb, a member of the prime minister’s inner circle, said the government wants that possibility removed.

“The Iraqi side wants to remove any mention of a possible extension of U.S. troops, fearing that the existing clause might be subjected to misinterpretation or could bear different interpretation because Multinational Forces might demand for extension depending on their evaluation of the security forces or the incomplete readiness of the Iraqi forces,” al-Adeeb told The Associated Press.

The Bush administration’s hope to secure the deal while in office was fading with the new Iraqi demands.

“The window for any kind of discussions, negotiations is rapidly coming to a close,” State Department spokesman Robert Wood said Thursday, alluding to Jan. 20 when a new president takes over.

Wood said officials continue to go over the Iraqi proposal for changes, but he repeated the administration’s insistence that the existing draft is a “good text.”

Iraqi lawmakers have to approve
Administration officials are troubled by the proposed Iraqi amendments to a text U.S. negotiators had thought was complete. And even if those issues are resolved, there is still no guarantee that the Iraqi parliament will approve the so-called Status of Forces Agreement. Failure to bridge the gaps would leave two options: extend the U.N. mandate after its current Dec. 31 expiration or suspend all U.S. operations in Iraq.

U.S. officials have urged the Iraqis to consider what could happen here if the U.S. suspends military operations.

Violence is down here sharply after the Sunni revolt against al-Qaida and the routing of Shiite militias in Baghdad and southern Iraq last spring. But the U.S. military also provides considerable help to Iraqi ministries in infrastructure and quality of life projects which would have to stop.

The White House, State Department and Pentagon on Thursday all refused to discuss possible alternatives to securing a deal, saying they are still reviewing Iraq’s proposed amendments received on Wednesday.

But officials bristled at suggestions that negotiations, which ran from May until earlier this month, could be reopened. They also insisted that they are not yet looking at extending the United Nations mandate.

“Once we have something to say on it, we will,” Wood told reporters. “But for the moment, we’re just taking our time in reviewing it to make sure that we’ve got a good sense of what it is the Iraqis have put forward.”

U.S. sources voice pessimism
Privately, U.S. officials briefed on the Iraqi amendments are growing pessimistic about an agreement.

One official said there was a chance that some of the four main points of contention — the withdrawal deadline, demand for inspections of U.S. arms shipments and a ban on using Iraqi territory for attacks on neighboring states — could be “finessed.”

But Iraqi demands for more jurisdiction over American soldiers — currently limited to troops who commit major crimes while off duty and off base — likely crossed a “red line” for the administration and Congress. Congressional approval of the agreement is not required, but lawmakers will almost certainly protest any surrender of U.S. authority over U.S. troops.

Al-Adeeb said the Iraqis want a joint U.S.-Iraqi committee to decide whether U.S. soldiers accused of crimes off base were really on authorized missions.

“We are waiting for a response from the U.S. negotiators on how much they can accommodate,” Foreign Minister Hoshyar Zebari said Thursday on CNN. “I think both sides here have reached the moment of truth. The time window is closing, and a decision has to be made as soon as possible.”

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Hate Groups Riled Up Over Prospect of President Obama

October 31, 2008 – The prospect of a Black president has America’s bastions of hate in an uproar. Leaders, including the wizard of the Imperial Klans of America, Ron Edwards, have long warned the white race is under attack and must be defended. Federal authorities say web sites have featured ugly calls to target Senator Barack Obama.

And twice now since August, two sets of self-proclaimed neo-Nazi skinheads have been caught in what officials say were feeble but still troubling plots to assassinate Obama.

“If Obama is elected president, these people see the world as they know it to end,” said Morris Dees, co-founder of the Southern Poverty Law Center.

In the most recent case, federal agents say two men, Daniel Cowart and Paul Schlesselman, planned to go on a killing spree against more than a hundred African Americans and then, they told the Secret Service, go out in a blaze of glory, dressed in white tuxedos and top hats during the assassination attempt. Cowart is described as the leader.

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Alaska Native Veterans Dissatisfied with Health Services

October 30, 2008 – Alaska Native veteran Walter Sampson wants to know why the U.S. government, and Veterans Affairs specifically, have not kept their promise to care for him and his veteran friends.

“For the last 38 years I have been trying to cut the red tape,” Sampson said. “And until this point, I’ve been unable to.”

Sampson, a Vietnam veteran, spoke to a panel of leaders from the National Guard, VA, Indian Health Services, Alaska Federation of Natives and the Yukon-Kuskokwim Health Corp. at the Alaska Federation of Natives Convention Oct.23. The panel discussed what each group is doing to increase quality and access to health care in rural Alaska, and what the future may look like.

Barriers to health care are often caused by geographical and financial challenges, as well as access to medical specialists or community health aides, said panelist Chris Mandregan, Alaska director of the federal Indian Health Service.

Sampson lives in Kobuk – a $400 flight away from Kotzebue – and is vice president of lands and natural resources for NANA Regional Corp. He says that during his three years of Army service his heart was damaged. He has seen top cardiologists and paid his own way with his health insurance, he said. He can’t get the help he needs in Kobuk or Kotezebue and must come to Anchorage. He makes too much money (more than the allotted $12,000 per year) to qualify for travel aid from the VA.

“I am punished for working,” he said.

Sampson also wants help for the emotional scars he carries from the war.

“If I were to talk to a head-shrinker, I would prefer to talk to someone that I know,” Sampson said “Somebody that has knowledge of my background, of my culture.”

The audience of fellow veterans applauded.

Sampson said he tried to get counseling for his best buddy, also a veteran, through the VA – but the friend committed suicide before Sampson could get him help.

Just getting to the VA system is something many veterans find challenging. Veterans must come to Anchorage, get a physical exam and submit their medical and service records in person. Veterans also have to fill out a lot of paperwork, said Jerry Beale, administrator for the state’s Department of Military and Veterans Affairs.

A person traveling from some place in Southeast like Hoonah would have to take a ferry or flight to Juneau and then fly to Anchorage. That veteran can expect to be away from his or her family for three days. Some rural areas take longer to get in and out of.

To get travel arrangements, records, funds and an appointment for a physical exam can take months, Beale said.

“It is a problem we have recognized in rural Alaska and we’ve been trying to resolve that issue for several years,” Beale said.

Once in the system, a veteran can then make an appointment to get help at a regional medical facility that will work with the VA in Anchorage, Juneau, Fairbanks, Kenai and, soon, Wasilla.

Younger veterans returning from deployments have an easier time getting into the system. The VA helps the new veterans with the intake process upon arrival home. The National Guard starts assessing veterans for emotional problems such as posttraumatic stress disorder immediately. They talk with veterans 30, 60 and 90 days after resettling in their communities. Sometimes these check-ins are over the phone.

The Indian Health Service envisions something different for healthcare in Alaska. Instead of brining people to Anchorage or hub cities, or using telemedicine – a combination of Internet and phone technology – Indian Health Services would like to institute video conferencing at village healthcare clinics. Then the provider or VA could see the veteran and look for outward signs of distress, depression, weight loss and other symptoms that can’t be seen over the phone.

“The Indian Health Service has a long history of providing care with a pretty broad footprint with all the community health aides and regional clinics,” said Chris Mandragan, Alaska director for the federal Indian Health Service. “And yet we have huge unmet need.”

The Indian Health Service said it is striving to offer medical treatment similar to what is used for village residents near the Bethel area.

One of the biggest barriers to getting treatment is cost. For soldiers who deployed from Hooper Bay, it costs them about $400 roundtrip to fly to Bethel, and additional $600 if they have to come to Anchorage.

“Our veterans don’t have the money to do that,” said Gene Peltola, president and Chief Executive Officer of the Yukon-Kuskokwim Health Corp.

Peltola’s corporation has taken its own lead by using a microwave bandwidth system at outlying community clinics, main clinics and hospitals. If a health aide can’t make a mental health diagnosis, they use a camera and video system, like a live television broadcast, to reach a clinic or hospital in Bethel. If the person in Bethel needs help, they will contact psychiatrists or psychologists contracted in the Lower 48 via satellite. Then the patient may only travel as far as Bethel to get help.

“(Veterans) have put their life on the line for us,” Peltola said. “We’re committed at YKC, working with the department of military affairs and the VA to bring them competent professional services as close to home as possible.”

The Yukon-Kuskokwim Health Corp. system is unique.

Although Congress has recognized the problems with veterans’ access to healthcare in Alaska, the money to fix the problem has yet to come.

“We need to have veterans money going into these tribal organizations and Native organizations to provide the care across the state,” said Lt. Col. Craig Campbell, adjutant general of the Alaska National Guard. “We need a Congressional fix now, we can’t wait any longer to get these services back to veterans in Alaska.”

At the end of his criticism of the VA and benefits, Sampson did complement Campbell and the others for the progress that is being made.

“I think what you are doing is good, at least you are breaking the trail, making an effort in trying to address the very crux of the issues.” Sampson said. “You’re just breaking the ice. Got a long way to go.”

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Iraq War Veteran Kicked Out of Festival for Protesting War

October 31, 2008 – An Iraq war veteran who now opposes the conflict said his First Amendment rights were violated when he was removed from last weekend’s Bellmore Street Festival, where he had set up a last-minute display.

The Chamber of Commerce of the Bellmores, which organized the annual festival, denies the removal constituted a free-speech violation, contending it was justified because he was there without permission.

Kristofer Goldsmith, 23, of Bellmore, who served with the U.S. Army in Iraq in 2005, initially had applied for, and received, a spot to represent the group Iraq Veterans Against the War. The festival, originally scheduled for September, was postponed and, when it was rescheduled, Chamber of Commerce staff told him they no longer had enough space to accommodate his table.

Goldsmith attended Sunday’s fair and shared space with a local Democratic club before moving to a vacant table nearby, where he placed voter guides and photos of soldiers killed in the wars in Iraq and Afghanistan.

About two hours later, he said, Chamber of Commerce staff insisted he leave. Goldsmith said he believes his anti-war sentiments were the cause.

Goldsmith has testified before Congress and spoken at local colleges about his war views. “I’m absolutely disgusted that anyone would try and say that I didn’t earn my First Amendment rights,” he said. “I’ve never walked into such trouble with setting up a table and getting my views across.”

Joni Caputo, festival coordinator and Chamber of Commerce executive director, said Goldsmith was not the only festival exhibitor removed from the original lineup when the date was rescheduled. The removals were a result of last-minute space constraints, she said. She could not provide the number of exhibitors affected.

She said if Goldsmith had asked her for a spot at an empty table, instead of setting up without approval, he wouldn’t have been asked to leave. “Nobody is allowed to come into the festival without permission,” she said. “Nobody is allowed to share space.”

Caputo said Goldsmith was invited to next year’s fair. “Did we have anything against Kris or his organization?” she said. “Absolutely not.”

The Nassau Chapter of the New York Civil Liberties Union is investigating the situation, said executive director Tara Keenan-Thomson.

“We’re researching what the legalities are,” she said, “and we intend to inquire about the selection process of different groups for the event.”

A spokesman for the Nassau police, who were at the festival, said no one was arrested.

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Oct 31, VA WatchDog Updates Shredder Scandal: Veterans’ Computerized Records Subject to Tampering by VA

A denied VA claim is just a click away. Altering files and changing dates all too common.

October 31, 2008 – They have names like COVERS, VACOLS and MAP-D.  They are just a few of the computer software programs used by the Veterans’ Benefits Administration (VBA) of the Department of Veterans’ Affairs (VA) to process a veteran’s claim.

And, they are all subject to tampering.

Recent revelations of documents vital to veterans’ claims showing up in shredder bins at VBA’s Regional Offices (VAROs) and further revelations that thousands of pieces of unopened mail were found have captured the interest of veterans and their veterans’ service organizations (VSOs). 

Full background here: http://www.vawatchdog.org/VAshredderscandal.htm

But, nothing has been said about computer tampering as the VBA moves toward electronic processing of claims.

Now, we find that it’s just as easy for a claim to be delayed or denied by the simple click of a computer mouse as it is to achieve the same result by dumping a document in a shredder bin.

The following information was developed from interviews with current and former VBA employees.  Much of the information is highly-technical, so I’ve eliminated most of the “geek speak” and used examples that are, for the most part, easy to understand.

One of the easiest ways to tamper with VBA’s computers is to simply change the date.  This is accomplished at the employee’s Windows-based computer at their desk.  They simply open up the date/time menu and set back the date to whatever is desired.  Then, they can make entries and generate documents on that “adjusted” date… documents that never existed on that “adjusted date.”

“MAP-D .. this program contains all claims listed over at least the last 5 years, including all notations, and cannot be deleted — even though information can be ‘added or adjusted’ by altering the date on the user’s START menu in Windows… the server views the information as being updated on whatever day is set in the Windows Program Menu.”

“[A VBA employee] can cover themselves by stating in notes that an issue was resolved, or that the Veteran Service Rep that was working the claim had called the veteran and told him to resend information because it was never received. With the truth being that the veteran was never called, and then it becomes the VA’s word against the veteran, only that the VA now has a paper trail that they created after the fact.”

Here’s information about the COVERS program and an operation known as “rebuilding” the folder.

“This program shows the entire history of the veteran’s claim file electronically. These files are barcoded, and tracked through scanners. If the file is ever lost or destroyed, it will be listed as a ‘rebuilt folder’ which is being seen more frequently, and then it becomes an issue of the VA’s word against the veteran’s as to what information was actually in the claim folder.”

“This was at the XXXXX VARO. Veteran sent in a claim on the 3rd of the month for temporary 100{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} disability. On the 9th, the Triage dept acknowledged that the claim from the veteran and original documentation from the VAMC doctor was received and being sent to the Pre-Development Team. The claim was suddenly cancelled for no reason on the 14th of the same month, the veteran was never notified, and the veteran never wrote in anything to have his claim cancelled. This claim was started, and cancelled within just 11 days! The history of the claim showed that the folder was currently being ‘rebuilt’ due to the fact that the ENTIRE CLAIM FILE was ‘lost’ or ‘destroyed.'”

If you think the above is bad, how about the same thing happening with claim appeals.  Here’s a look at the VACOLS program.

“This appeals program is used to track the progress of the appeal, including a full history of all of the veteran’s appeals. Understand that it is quite easy to end an appeal by simply stating that a letter was sent to the veteran and required a response in 60 days. This letter will 90 – 95 {cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the time, never be scanned or even acknowledged as being sent, yet the appeal will be decided after the letter was ‘never returned’ because it was actually never mailed to the veteran. This will close the appeal with the reasoning that the veteran failed to respond, and therefore, his claim was closed and denied. The veteran is never notified of this happening, and believes the entire time that the appeal is still being processed.”

One of the ugliest uses of computer tampering is to put the blame back on the veteran when, in reality, the veteran has done everything by the book.

“If a veteran calls the VA and it is reported that the veteran has sent in a XXXXX form for the 8th time, all by certified mail, yet still the VA has not acknowledged the claim being received for the past four months, and these calls have been documented in notes through the MAP-D program, and now the veteran states that he is involving his Congressman since he feels his claim is being thrown in the trash as soon as it is received — the VA supervisor that notices the inquiry sent in by the Call Center employee about a review of the veteran’s file to see if the form was overlooked, and the supervisor is well aware that those claims are being shredded before they are inputted in the system as being received, decides that they need to cover themselves before the Congressional Inquiry is made to come in and review the physical file. This is done by changing the date in the Windows Menu, going into the MAP-D program and simply making a note from a date six weeks prior, showing that the veteran’s claim was received, however it was returned to him because it was not signed, or properly filled out, or was only half-way filled out. This changes the issue… and now the doubt is placed on the veteran, and a review would support the VA as following procedure and the veteran as not doing what they were supposed to.”

After reading the above, the question that needs to be asked is:  Can a “date adjusted” computer file be used to generate a hard copy document that ends up in a veteran’s file… a real piece of paper?

“The answer is yes. The system bases it’s date info off of the windows program. So if that is changed, then the date in MAP-D follows, from where the letter is written.”

I could go on for many more pages with examples like these.

Besides the veteran, other losers in this data manipulation game are veterans’ service officers (SOs) who help veterans file claims and attorneys who practice veterans’ law.  I can’t tell you how many times veterans have written me claiming that their SO or attorney never sent in a form or screwed-up their claim in some way.  Now, there’s another explanation.

How much of this type of cyber-crime is going on at VBA?  It’s impossible to tell because there’s virtually no way to track it.  I’ve been told it’s commonplace because “a closed file is a good file,” and makes everyone from the bottom up at the VARO appear to be more efficient.

As the VA tries to run and hide from the shredder scandal, the Office of Inspector General (VAOIG) continues to investigate documents in shredder bins, unopened mail and other mishandled documents.

Now, it’s time for VAOIG to put their cyber-crime experts to work.

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VA Shredder Scandal Update: 500 Files Pulled From Shredders at VA Regional Offices

October 25, 2008, Tampa, FL – A review this week of 57 regional offices of the U.S. Department of Veterans Affairs has turned up nearly 500 benefit claim records that were set to be destroyed, agency officials said Friday.

The VA is now recommending that veterans – those who have not been contacted for six months or more about their claims for benefits – call their regional benefits office “to make sure the claim has been received, and everything is there,” said Alison Aikele, the VA’s press secretary in Washington, D.C.

The documents that were found in bins of paper waiting to be put through a paper shredder included veteran applications and change requests for benefits, which are needed to properly process an individual’s claim.

The department is keeping in place an agency-wide ban on shredding while investigators from the VA’s Office of Inspector General complete an audit of the St. Petersburg regional office. Staff there found eight documents in a shred bin last week that should not have been put there.

Investigators also have been asked to review allegations at two other regional offices that staff intentionally tried to destroy documents.

More than half of the 498 veterans’ documents found in shred bins came from regional offices in St. Louis, Cleveland and Columbia, S.C. Both Columbia and St. Louis have placed one employee each on administrative leave pending the probe.

“There is a suspicion … that those documents may have been mishandled intentionally,” Aikele said.

As of Wednesday, only 18 benefits records had been found misplaced in shred bins at four offices. That number ballooned as each regional office stopped shredding and employees began going piece-by-piece through paper bins.

“We didn’t really know what to expect,” Aikele said.

The St. Petersburg regional office is the hub for all benefits claims for Florida’s 1.8 million veterans. It had already been originally scheduled for a routine audit of mailroom operations prior to the Inspector General’s discovery last week of misplaced documents in Detroit, St. Louis and Waco, Texas.

The question now facing the VA is how to determine how long such documents may have been placed in shred bins and how many documents might have been destroyed.

“We just don’t know,” Aikele said. “We don’t have an idea how far back it could go.”

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Editorial Column: Fears for Safety of Senator Obama – Neo-Nazi threats as great a worry as Al Qaeda?

Neo-Nazi threats as great a worry as Al Qaeda?

October 29, 2008 – With the presidential election only days away, federal officials are looking closely for any uptick in threats to presidential candidates from white supremacist or other extremist groups. But in contrast to the pre-election atmosphere of four years ago, U.S. agencies have picked up little “chatter” about looming Islamic terror plots—and scant indications of any imminent pre-election messages from Al Qaeda leaders like Osama bin Laden.

Earlier this week, authorities announced they had busted up a far-fetched plot directed at Democratic candidate Barack Obama by two young “skinhead” racists in Tennessee. That case, along with a similar extremist plot broken up before the Democratic Party convention in Denver  and the recent arrest of a neo-Nazi leader in Virginia, have pointed up the extent to which the government is paying attention to the threat to Obama from far-right extremist factions. “I don’t know that we’re seeing a resurgence of these groups,” Michael Ward, deputy assistant FBI director for counterterrorism, told NEWSWEEK. “But we are seeing an increase in rhetoric.”

Ward says the increasing anger of white supremacists has manifested itself in Internet postings and threats reported to law-enforcement agencies. What worries the FBI most, he says, are “lone wolves” who might be seething with anger and armed to the teeth but who do not show up on any government radar screens.

Since last February, a presidential-campaign-threat task force created by the FBI and Secret Service has conducted more than 650 “threat assessments” to evaluate reports that could involve threats to presidential or vice presidential contenders or any others connected to the election. About 100 of those threats have been assessed to be “racially motivated” and are thought to be directed at Obama. Another 100 of the reports received since last winter are deemed to be “political” and come from across the ideological spectrum. They include pro-gun groups and anti-abortion extremists. Other categories used by the task force to track threats don’t breakdown along ideological or political lines.

A similar interagency group was put together four years ago when U.S. agencies were anxious about the possibility of a pre-election attack by Al Qaeda or its affiliates. Ward said concerns about an attack by Al Qaeda or other Islamic extremists haven’t evaporated. But this year, concerns about white-supremacist threats have grown. “They’re both high on the radar screen and they’re of equal concern,” he said.

At least three lurid right-wing-extremist threats directed at Obama have come to light through government court proceedings since the end of last summer. First, as delegates and journalists were arriving in Denver in late August for the Democratic National Convention, three alleged white supremacists were arrested by local and federal authorities on drug and gun charges. In court papers, the Feds said that the three, who had access to a rifle with a sniper scope, had discussed their hatred for Obama and the possibility of shooting him from a “grassy knoll.” However, investigators said that most if not all of this lurid conversation took place while the suspects were addled by methamphetamines; the suspects were never actually charged with threatening Obama, which in itself is a possible federal crime.

Two weeks ago, in Roanoke, Va., Bill White, a notorious neo-Nazi leader, was arrested on charges of threatening the “use of force” against the foreman of a Chicago jury which had convicted another white supremacist leader in 2004. In an affidavit submitted to a court to request a warrant for White’s arrest, an FBI agent included graphics from a purported “National Socialist” magazine White was about to publish, which prominently featured a death threat against Obama. According to the affidavit, White in the past often issued death threats through a Web site he edited; one posting said that “all Jews and Marxists (including their fellow traveling neo-cons, neo-liberals, Zionists and Judaized-Christians in both the Republican and Democratic Parties) should be shot rather than debated …”

Then, earlier this week, agents of the Justice Department’s Bureau of Alcohol, Tobacco and Firearms arrested two alleged white supremacists, Daniel Cowart and Paul Schlesselman, on firearms and possible presidential-threat charges. According to an ATF court filing, the two, who shared “White Power” and “Skinhead” enthusiasms, met via the Internet about a month ago and began discussing how they would embark on a “killing spree” that would include killing 88 people and beheading 14 African-Americans. (Experts who monitor right-wing groups say the number 88 is a code for “Heil Hitler,” H being the eighth letter in the alphabet.). According to the ATF complaint, the two suspects’ discussions eventually led them to a Tarantino-like fantasy plot in which they would shoot Obama from a car with a rifle while dressed in white tuxedos and top hats.

Despite these well-publicized cases, Mark Potok, a researcher with the Southern Poverty Law Center—an Alabama group that monitors racist and neo-Nazi activities—says that most ultra-right-wing extremists have been very careful recently about circulating death threats, which can be attributed to them publicly. “We’ve seen very little of that on white supremacist Web sites,” Potok said. The reason: they fear it will give the Secret Service, FBI and other government agencies an excuse for cracking down on them aggressively, Potok says.

Meanwhile, U.S. counterterrorism officials, who asked for anonymity when discussing sensitive information, said that while they remain wary of possible Islamic terrorist-attack plots, they have no specific and credible information to indicate that a pre-election plot directed at targets inside the United States is in the works. (That, of course, does not rule out the possibility that such a plot is indeed afoot and the U.S. authorities just don’t know about it yet.) The officials also said they had no specific indication that Osama bin Laden or one of his principal associates, such as Al Qaeda deputy leader Ayman al-Zawahiri, were planning in the next few days to circulate a message related to the U.S. presidential election similar to the message from bin Laden that surfaced just prior to the 2004 election.

Recently, persistent attacks by computer hackers have disabled some key Web sites used by Al Qaeda supporters to circulate propaganda and exchange messages. One of the main sites used by Al Qaeda leaders in the past to circulate video and audio messages remains operative, however. There is no indication that the site expects such a message before next Tuesday, said several government and private experts, although this does not rule out the possibility. Evan Kohlmann, a terrorism expert who monitors Al Qaeda Web sites, he says that the terrorist group still could attempt to use the pre-election period as an opportunity to “grab media headlines.”

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Editorial Column: The Republicans’ Dirty Secret…Torture

October 28, 2008 – So what will be left of the Republican Party after next week’s US election? The answer lies in the sands of Florida, where the sunshine-state Republicans have nominated an unrepentant torturer as their candidate for Congress. They view his readiness to torture an innocent Iraqi not as a source of shame, but as his prime qualification for office. This is American conservatism in the dying days of Bush – and it points out the direction that Sarah Palin would like to take it in 2012.

In August 2003, Colonel Allen West – commanding a US unit in Baghdad – heard a rumour that one of the Iraqi policeman he was working with was a secret insurgent. He ordered his officers to go and seize Yehiya Hamoodi, a thin, bespectacled 31-year-old, from his home. They dragged him into a Humvee, beat him, and then handcuffed, shackled and blindfolded him. In a dank interrogation room, they told him he had better start talking.

Perplexed and terrified, Yehiya explained he didn’t know what they were talking about: why was he here? So West was called in. He told Yehiya he was going to be killed. While his men beat him again, he explained he had one last chance to save his life – by talking.

Yehiya protested: I am innocent! What are you talking about? So West took him outside, had him pinned down, and began to shoot. First he fired into the air. Then he ordered his men to ram Yehiya’s head into a barrel used for cleaning weapons – and fired right next to his head. Then he began to count down from five. Finally Yehiya began to scream out names – any name he could think of, just to make it stop.

The men he named were seized and roughed up in turn. No evidence was found of any plot, and after another 45 days of terror, Yehiya was released. Today, he is severely traumatised, and collapses when he sees a Humvee approaching. The story only came to light after one of West’s soldiers began to protest against these practices, and the Pentagon launched an investigation. At a pre-trial hearing, West was fined $5,000, and now concedes grudgingly: “It’s possible I was wrong about Mr Hamoodi.” But he says he would do it again, and again, and again.

West has even taken to joking about it, gaining applause for telling Republican audiences: “It wasn’t torture. Seeing Rosie O’Donnell naked would be torture.” But the 1994 Convention Against Torture, to which the US is a signatory, is explicit: “Threat of imminent death” is the third form of torture it outlaws. There are reams of studies showing it can traumatise a person for life.

Yet the Republican Party has rallied to the defence of this torturer, and of torture in general. The Bush administration has ordered the simulated drowning of “high-value” suspects, and set up secret black ops sites across the world where it is practiced. After Afghan detainees were hanged from the ceiling and beaten to death, the officers responsible were merely given a “letter of reprimand”.

West’s “toughness” is fawned over; one leading conservative magazine has even named him its Man of the Year. And Sarah Palin, the Party’s darling, mocks Barack Obama’s opposition to torture. She complains: “Al-Qaida terrorists still plot to inflict catastrophic harm on America [and] he’s worried that someone won’t read them their rights.” Palin is fond of saying that she “won’t blink when it comes to terror”, but if you don’t blink, your corneas dry out, and you go blind.

At first, the rise of John McCain looked like a repudiation of torture. McCain was tortured by the Viet Cong for three years, and the beatings were so vicious that even today he can’t raise his arms to brush his own hair. For a time, he was a loud, proud opponent of torture – but then he caved. In February 2008, he voted to allow the CIA to be excluded from the ban on torture – when he knows the CIA who are the prime American torturers today.

Then, when the Supreme Court ruled that Guantanamo detainees have basic habeas corpus rights, McCain called it “one of the worst decisions in the history of the country.” If McCain will compromise on this, he will compromise on anything. He has tried to flip-flop back, saying he would ban torture after all, but if he tried now, he would face mass rebellion from his own party and Vice-President. It is unthinkable he would permit war crimes tribunals of the Party colleagues who ordered this torture.

The advocates of torture love to wheel out the ticking bomb scenario served up every week on 24. But think about what it requires. You have to (a) be certain you have captured a bomber in the very brief window between him planting a bomb and it blowing up, yet (b) have no idea where the bomb is. This has never happened, anywhere in the world, ever.

No: what happens in reality is Yehiya Hamoodi. You get a man you kinda-sorta suspect; you torture him; and you get junk intelligence leading you up wrong paths. What would you confess to if I put a gun to your head and started counting down from five?

Once you start to torture it doesn’t just stay in the neat mind-experiments favoured by philosophers. After the Israeli supreme court approved torture in very limited circumstances, soldiers were soon torturing two thirds of the Palestinians they held captive. Professor David Luban explains: “Escalation is the rule, not the aberration. Abu Ghraib is the fully predictable image of what a torture culture looks like.”

There are no recorded instances of getting useable intelligence from torture – but even if in some freak instance after you have tortured a thousand Yahiyas you finally did, would it outweigh the damage of handing al Qaeda a thousand new recruits, vindicating Bin Laden’s hate-talk and breaching the most basic moral codes?

The gap between the Republican and Democratic Parties is too narrow, but on this issue it is hefty. The Republicans have curdled into the Party of Torture, bullying their torture-victim nominee into backing their barbarism, and proudly picking a torturer as their candidate for Congress. That sound of screaming from inside the Palin-drome isn’t just from fawning Republicans – it’s from men like Yehiya.

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