Your Cheatin' Heart

Some people actually believe that it makes a difference as to which party (DFL/GOP) is in control of the Veterans Administration (VA) as to how America's veterans are treated.   Some people also believe that some politicians are totally honest and sincere and uncorrupted by the political atmosphere of Washington, D.C.   After watching the abuse of our veterans by the very agencies that are funded by millions of taxpayer dollars to help veterans, I know that neither DFL/GOP party will significantly change the policies and procedures of the these agencies which include the DOL (Department of Labor), OFCCP (Office of Contract Compliance Programs), and VA (Veterans Administration).   This creation, VAShreds, will give you a glimmer of how badly veterans are treated by our corrupt politicians and these agencies, especially the VA.

If you, good readers, believe that the VAShreds creation is an aberration of the U.S. Government, let's visit some well cocumented stories over the past 30 years.   (1) Over 10 years ago, Judge Kenyon ruled that investigations into federal contractors by the OFCCP are "SHAMS."   (2) A conscientious OFCCP worker found a stack of complaints stacked in a storage closet and headed for the shredder.   The OFCCP regional director was asked to take early retirement because she was exposed.   (3) A district OFCCP manager deliberately changed the company named in a national OFCCP affirmative action complaint to cover up abuses by a well known media company.   (4) After a former OFCCP national director was told that some OFCCP veterans' complaints were over 20 years old, the director replied, "I have access to the OFCCP database from my private law firm and I find no complaints over six months old."

All of these examples are part of a systemic and pervasive policy of discrimination against veterans that is covered by a law known as the "Continuing Violation Doctrine."   It reflects systemic government attitutde of stonewalling, ignoring, and not responding to veterans' inqueries in the expectation that the veterans will either go away or die.   It is commonly confronted by most veterans when they follow the laws and fill out the complaint forms.   The following 6 reports filed by Col. Dan Cedusky in the month of October are an outstanding series that in no way could be considered an aberration.

VA SHREDS OUR VETERANS

((I) October 13, 2008) SHREDDING OUR TRUST IN THE VA -- VA investigators find entire claims and other critical documents in shredding bins at Detroit Regional Office. VA official will only say, "I can't talk about that."

Thanks to the current and former VA employees, and just plain old friends, who helped make the following story possible.  You know who you are.
 
  -------------------------
http://www.vawatchdog.org/08/nf08/nfoct08/nf101308-1.htm


Shredding Our Trust in the VA

VA investigators find entire claims and other critical documents in shredding bins at Detroit Regional Office. VA official will only say, "I can't talk about that."

by Larry Scott


Many veterans who have filed disability claims with the Veterans’ Benefits Administration (VBA) of the Department of Veterans’ Affair (VA) will relate horror stories of misdated, misfiled or lost documents all leading to delays in processing or an outright denial of the claim. The mantra for veterans dealing with the VBA has become: “Delay, Deny and Hope that I Die.”

It has been assumed by many veterans, their Service Officers who help file claims and attorneys who specialize in veterans’ law that the VBA operates in such a way as to deliberately stall or hinder the claim process with the goal of frustrating the veteran to the point where they just forget about the claim and go away. This isn't some grand plan to purposely hurt veterans, but rather a combination of ignorance, arrogance, incredibly bad management and non-existent oversight. While this viewpoint has been labeled cynical by some and outright paranoid by others, new information is surfacing that shows the cynics, and even the paranoids, to be correct.

What We Know

The VA’s Office of Inspector General (VAOIG) has been conducting audits, or investigations, of a number of VA Regional Offices (VAROs). There are over 50 VAROs around the country, each set up to handle the claims of veterans in a particular geographical area.

The latest series of VAOIG investigations centers on charges that VARO administrators and employees deliberately falsified “timeliness” statistics sent to the VA’s Central Office (VACO). This would be information that shows when a claim was received and how, with a documented timeline including date/time stamps, it moved through the process.

The first heads have begun to roll in this investigation. During the week of October 6, 2008, four employees at the New York VARO, including the Director, were placed on administrative leave. More accurately, they were removed from their positions awaiting the outcome of the investigation. Sources close to this investigation say that those removed, and others, were found to have been fudging the “timeliness” figures. And, there are allegations that documents, including paperwork essential to the claim process had been destroyed.

Another VARO under investigation is Detroit. On September 5, 2008, VARO employees were called to a meeting with the main topic being their poor performance levels. They were told that the Director had been called to Washington to answer questions regarding the poor performance.

At that meeting, VARO officials announced an “amnesty period” for anyone who had old claims at their desk or stashed in other places around the office, a direct procedural violation. Employees were told to turn in paperwork so they could try to get the “timeliness” numbers up. Officials also stated that a VAOIG team would be coming shortly to inspect the VARO and urged all employees “to be prepared.”

By mid-September the VAOIG team had arrived at the Detroit VARO. What they found staggers the imagination. VAOIG discovered hundreds of claims, documents critical to claims and other valuable information in the shredder bins. Those bins were removed from the shredder area and the documents were screened by upper management.

It is unclear if the VAOIG team actually “seized” any of the documents in the shredder bins. What we do know is that after the VAOIG investigators left the Detroit VARO, management continued to find more critical documents in shredder bins. A meeting was called and the Director told employees that it was known who had thrown out the documents and that they would be fired. The “amnesty period” for turning in mail kept at employee’s desks was extended in the hope of turning up all “lost” claim documentation.

On October 2, 2008, the Detroit VARO Director began a “no record mail” program. This was meant to find all mail in the offices for which there, literally, was no record. Quoting from an employee directly involved in this process: “…discovered in the thousands of pieces of ‘no record mail’ we found original applications, medical evidence for veterans’ claims that had not been included in the decisions, informal claims (that likely could affect original dates of claims), and other relevant identifiable mail items.”

On October 7, 2008, quoting again from the VA employee, “…the Director, Service Center Manager and other top management ransacked our work areas in search of mail that was being stored/stashed at individual’s desks. They sent some individuals home, and the others were told to wait in the break room until the end of their shift. I can’t attest to what they found in the work areas, but individuals were pulled aside and questioned.”

Then, on October 9, 2008, quoting again, “During a training session the Director…stated that other regional offices have already placed numerous supervisors on administrative leave in regards to ‘cheating’ on their numbers, and that with as poor as our station numbers [are]…at least we aren’t cheating on our numbers, or at least not cheating well.”

So, what is being done in the Detroit VARO to put an end to this mess? Not much. The VA employee adds with a noticeable sadness, “…They don’t seem to have any answers yet. They have juggled the supervisory staff around to different departments for some reason, and have been telling us to stand by for further training on our job functions. There are still items of mail at my desk currently that I have been told to hold on station since they don’t know the disposition of these types of mail yet [and]…they keep finding new piles of mail that date back to March of 2008 [and further] that’s had no action taken on it.”

What We Don’t Know

At this time, we don’t know how many VAROs have been caught up in this investigation or if the VAOIG teams just went out to “sample” some VAROs and hit pay dirt in New York and Detroit.

We also don’t know what VACO is going to do about this. A highly-placed VACO official, when told that this information was going public, gulped, paused, and said, “I can’t talk about that.” And, one of the VAOIG investigators who was at the Detroit VARO will not return phone calls on this matter.

The worst part is, we don’t know if any documents were actually shredded. By its very nature, shredding would eliminate the evidence of what was shredded. We may never know unless a VA employee comes forward and says that they did it or saw it done.

CYA Time

We will have to wait for the VAOIG reports before we can get a handle on how widespread this problem of “timeliness” is. Is this happening at all 50+ VAROs? A number of former VA employees have said that they believe the “timeliness” issue exists in all VAROs. They are of the opinion that there is widespread abuse of documents as they come in to the VARO. No one felt that any VARO Director would actually tell employees to hide or destroy documents, but the general feeling is that this is “winked at” and a standard way of handling the paperwork crunch at the VAROs.

Several former VA employees have postulated about how the VAOIG reports will turn out. They feel that the VA will claim that any hiding or destruction of documents was done at the lowest possible level and without the consent or knowledge of anyone above that person’s grade, then make promises that it will never happen again. A former VA attorney decided that it is impossible for such “widespread abuse to occur” without knowledge of its existence at all levels of the VARO.

We can expect statements of outrage from VA Secretary James Peake. We can expect hearings from the politicians on Capitol Hill. But, what will this really accomplish? Will any of this change the way the VAROs operate? Don’t count on it.

Shredding Our Trust

Although it is not clear at this time whether any documents related to a disability claim were shredded at any VARO, it is safe to assume that they weren’t sitting in a shredder bin waiting to be processed by a claims representative. What has been shredded is veterans’ trust in the VA.

By deliberately hiding vital documents and delaying claims, the VBA has lived up to its reputation and to the slogan so many disgruntled vets hate to say but know is true: “Delay, Deny and Hope that I Die.”

VA executives are fond of touting their agency as “non-adversarial” when it comes to the disability claim process. Prior to his confirmation as VA Secretary, Dr. James Peake promised the Senate Committee on Veterans’ Affairs that he would “do the right thing” for veterans. It appears he missed the mark.

The VA’s biggest fear is that the VAOIG investigations will open the doors to, perhaps, tens of thousands of re-filed claims from every veteran, Service Officer and attorney who has had a claim or appeal timed-out because their paperwork was “not received in a timely manner.” While that would add to the huge backlog of claims facing the VBA at this time, it may be the only solution.

The VBA has shredded veterans’ trust in the disability claim process. It’s time for them to re-earn that trust.

VA SHREDS OUR VETERANS

((II) October 17, 2008) VA claims found in piles to be shredded


http://www.armytimes.com/news/2008/10/military_va_stopshredding_101608w/

Department of Veterans Affairs regional offices have been ordered to immediately stop shredding documents after an investigation found some benefits claims and supporting documents among piles of papers waiting to be destroyed.

Claims often include personal records supplied by veterans that are not duplicated in government files and might be difficult to replace, such as certificates for births, deaths and marriage.

In a statement, VA Secretary James Peake said only a handful of documents were found among piles of documents set aside to be shredded. But he is not pleased.

“I insist on the highest possible standards for processing and safeguarding information in VA’s custody,” Peake said. “It is unacceptable that documents important to a veteran’s claim for benefits should be misplaced or destroyed.”

Peake said three of VA’s 57 regional offices were involved, without naming them. Veterans of Foreign Wars said they were told four regional offices — in Detroit, St. Louis, St. Petersburg, Fla., and Waco, Texas — were identified as having documents in shredding bins that should not have been there.

VFW National Commander Glen Gardner said the problem could be significant.

“The VA inspector general conducted a routine investigation of Detroit’s mailroom and discovered five documents in the shredder bin, then three pieces are found in St. Louis, two in Waco, and some more in St. Petersburg,” he said. “The question that begs to be asked and answered is how many veterans had their disability and compensation claims disappear down a paper shredder?”

Peake said VA’s inspector general continues to investigate and that anyone who violated policies on protecting documents will be held accountable.

Among the records found waiting to be shredded were applications for disability compensation, education benefits, home loans and pensions for low-income veterans, officials said.

The halt in shredding was ordered by Patrick Dunne, the retired Navy rear admiral sworn in just weeks ago as VA’s new undersecretary for benefits.

Dunne’s order aims to prevent any documents from being destroyed until officials can determine if this is a widespread problem.

VA officials said a new policy will require regional office directors to certify, in writing, that none of the documents being destroyed are original copies of key documents or records.

Current VA policies require that original copies of documents supplied by veterans or their families — including discharge papers and marriage and death certificates — be returned when they are no longer needed, but they allow duplicates to be destroyed, a practice intended to help protect privacy.

VA officials discussed the problem in a conference call with veterans’ service organizations on Thursday, saying that the shredding ban is so sweeping that it includes the removal of portable shredders from beside the desks of VA workers.

Garner, who was in on that conference call, said VA needs to establish internal controls. “We have to believe that the VA will right this wrong,” he said in a statement.

He suggested that some claims may have been set aside for shredding by employees who did not want to complete them or were trying to hide a backlog.

“Secretary Peake must hold everyone involved personally accountable for this disgraceful management failure,” he said. “Someone who intentionally destroys paperwork, or supervisors who allow employees to interpret their own rules, are … doing serious damage to a great public image that took the VA years to build. Our veterans and our nation deserve much better.”

The Senate Veterans’ Affairs Committee chairman, Daniel Akaka, D-Hawaii, said the shredding ban makes sense as a temporary measure, “but this is not a long-term solution.”

“VA needs an enforced and understood policy which preserves documents relevant to pending claims, without leaving veterans’ personal information open to identity theft,” Akaka said.

He said he understands VA does not have room to store everything. “Some documents must be properly disposed of due to space constraints and privacy issues,” he said.

Still, he said, veterans “must be able to trust VA to safely keep their records. If they cannot, VA will not be able to do its job, and veterans will not get the benefits they have earned through their service.”

********

Visit VA Watchdog http://vawatchdog.org/> Larry has Much More about all this, some of which I've sent out previous!


VA SHREDS OUR VETERANS

((III) October 23, 2008) UPDATE: VA'S DELAYED MAILING CAUSES REDUCTION IN BENEFITS FOR UNEMPLOYABLE VETS
Veterans' Advocate Jim Strickland: "They pounce on you very quickly to reduce your compensation because you didn't return the form they didn't mail you."
 
by Jim Strickland
 
Jim;

I received my form 21-4140 last week on October 14th. It was dated August 1. Today I received a letter from them informing me that they had reviewed my case on October 15th and because I didn't return the form 21-4140 my benefits are being dropped to 70%. I even called them on the 14th and told them that the letter was late, they did put a notation on my file showing that I called. I called again today and was told that I did everything I could do but I still don't know if my benefits will be cut or if I have to appeal or have new exams.

Jim;

I was reading the e-mails you posted about 21-4140. I received a letter today dated 10/14/08 from the DAV in Winston-Salem,NC. They told me that their letter was not an official letter. They went on to say that the VA was cutting my disability from 100% to 90%. I will be receiving an official letter from the VA. I know its my fault but I didn't know about any Form 21-4140. I went through all the papers that I have received and nothing about 21-4140. The DAV said when I receive the letter if I have any questions feel free to contact them. They said that they will mail me a 21-4140????? I'm sending my appeal today. I will hand carry it to the DAV if necessary. He sort of stated that there are several Vets in the same boat with me.


Reply;

I want to follow up with all of you who have had this issue with your 4140 forms. About 3 weeks ago I got a flurry of letters from veterans in different regions and all were similar in that the 4140 form arrived some 60 to 80 days late. I'm continuing to hear from you and it seems this is ongoing. Some of you are now telling me that VA is taking action to reduce your benefits.

So...the VA requires that you complete a form to keep your benefits. The form is worthless but to harass you with. Then they don't timely provide you with the required form. Then they pounce on you very quickly to reduce your compensation because you didn't return the form they didn't mail you. If I were a conspiracy theorist, I could easily see where this was an intentional move by the VA to slash the budget at your expense. I would probably also believe (if I were a conspiracy theorist) that the shredding of documents was intentional and there was more than a "handful" of documents. I might even believe that your DVA leadership really doesn't like veterans very much.

It's a good thing I'm not one of those, isn't it?

In any case, the letters above reinforce why I personally don't deal with DAV and why I tell you time and time again that you *never* call the toll free number. I'm continually amazed at how many of you write to me telling me of your disappointment with DAV or how the toll free number failed you. I feel like it's every other column I write "Don't ever call the VA" and the next week you write to tell me what happened when you called the VA. (Sigh)

If the VA has issued any letter to you that they are proposing to reduce your rating from 100% IU, you must act swiftly and surely. You have time windows that you must act within to prevent them from proceeding. If you don't take action, you're what I commonly refer to as 'screwed'. Once you blow it by letting them lower that rating, it's a bitch to get it back. It makes more sense to stop the process before the VA acts.

I can't for the life of me imagine why a veteran would hand carry an appeal to the DAV. It isn't them acting against you, it's the DVA. Let me make it as clear as I possibly can: If the DAV is sending you messages you don't understand about a VA action and you're sending stuff that you aren't sure of about the VA back to the DAV, you are one confused veteran.

Then when you get advice from DAV and write to me back and forth to tell me each step of what the DAV said (or didn't say), I'm wasting my time with you.

I had four email exchanges with that veteran above and he only wanted to relay to me what DAV told him and then ask what I thought. I told him I have too many other vets to serve to go back and forth with him and the DAV.

Let's do a quick sanity check. We'll review just what happens and what should you do if the VA tries to lower your rating when you haven't returned a 4140...or any other time.

I've received maybe 100 emails from readers in the last few days talking about their late or non-existent 4140 forms. These are the forms that are mailed yearly to veterans who receive the 100% Individual Unemployability benefit. The form tells the VA that the veteran has not held substantially gainful employment since the last form was mailed in.

It's a particularly silly and wasteful effort by VA and that's really saying something for an organization that takes such pride in its silly and wasteful requirements. This one is a premier accomplishment by the dullards at the top of the organization, apparently a special assignment mission of the Department of Redundancy Department.

Nonetheless, if your 4140 isn't there on time, no matter the excuse you have, the VA can and often will push the first domino in a long line that will eventually result in a lowering of benefits.

In every mailing you receive from VA you get extra papers. Those extra papers tell you that you have rights to appeal. They tell you how to appeal, where to appeal and the underlying law about your rights to appeal.

In a denial letter the VA even goes so far as to tell you exactly what you must do to appeal and win your case. It's all spelled out for you in very plain English language.

Having said all that, I don't get why it's such a mystery to so many veterans about what they should do. Not a week goes by that I don't get note saying, "Jim...A year or so back I got this letter from the VA that told me I needed to respond to them. I didn't understand what they were talking about and it looked like a mistake to me. I called my VSO but when he called back he missed me and I never heard from him again. Then I went on vacation and I got married and forgot about it. Well, today I realized that my deposit last month and this month was 1/2 of what it should have been and I called VA and they told me my benefits were cut. I know they can't do that to me can they? Can you help?"

The answer I give is always the same, "Yes." I can help. But once the action to take a benefit away from you is done, it takes 10 times the effort to get it back as it would have if you had reacted quickly...just like the letter tells you to do.

This is how it works for a missing 4140. It's similar for most other reductions or recoupments. A "recoupment" is an action taken to get back an overpayment made to you.

If you miss the 4140 deadline for any reason, eventually you'll get a letter that tells you "We may take an adverse action unless you timely act by notifying us in writing...". The language may vary a bit but the VA is firing a shot across your bow to warn you that if you don't do something, the next shot will be aimed to hole you beneath the water line and sink you.

The letter will go on to tell you your rights. If you don't sit and read this carefully, you'll soon find out the awesome power of an ignorant and uncaring bureaucracy.

The first thing to note is that you must notify them in writing. To write to me weeks or months later and tell me, "I even called them on the 14th..." makes me wonder how you manage to remember to eat breakfast each day.

You're addressing actions on what may be your only income, your money, and you don't follow basic instructions. Instead of sitting down and analyzing the letter and doing what it tells you to do, you get pissed off and call a call center.

Instead, as soon as you get any letter warning you of impending action, you should sit down and begin to write. A well written letter is the most powerful tool you have available to you.

In the case of the 4140 that you never got, here's what your letter looks like:

 
DATE
VARO ADDRESS
REFERENCE (Your name, Your Numbers)

Dear Sir/Madame:

I am in receipt of your letter dated (DATE). In that letter you notify me that you may take action to reduce my 100% Individual Unemployability (IU) compensation benefit because I did not timely return to you a VA Form 21-4140.

Please accept this document as my Notice of Disagreement (NOD) with your proposal to reduce my benefit.

I did not ever receive from you a VA Form 21-4140 so I was unaware that I should have sent that form back. (Or, I received it 2 months late, etc. Explain your reasons.)

Enclosed with this letter, please find a VA Form 21-4140 that I have completed and signed. I attest that during the year preceding this I have not held substantial gainful employment.

I ask that you make no adjustments to my payments while you consider this issue. If you feel that it may be required to settle the issue, I request a personal hearing before a Decision Review Officer or the Veterans Service Center Manager or a designate.

Thank you for your kind consideration.
Respectfully submitted,

Your Name & Signature
Address & Phone



That's it. You type that up nice and neat and you carry it to your local post office where you mail it certified mail, return receipt requested. It really is just that easy and simple.

If you do this within a day or two of any notice of adverse action, it may ensure that the matter is closed. You won't hear from them again about the issue.

If you wait a 60 day period, you'll get a notice telling you that they have reduced your rating and the effective date. You'll have a year from then to appeal and after jumping through som flaming hoops, you may get your IU rating back.

This stuff isn't rocket surgery. It does require that you sit up and pay attention, even if only for a short while.

Do not ever ignore any notice from VA. Always respond as above telling them what you want and why. If you believe that using an intermediary between you and VA gives you an edge, you're wrong.

Stay alert and even when VA blows it, you'll be able to fix things quickly with your written words.

---------------
ADDENDUM:
(My eagle eyed reader noticed a glaring omission early this morning. I don't know how I missed this but I did. As is lways the case, one of
you comes through to help me get it right so that we all have the data
we need. Thanks Jeffrey!)

Jim;

I am a vet and I wish that I had found VA Watchdog dot Org and
your advise column much earlier. I am getting the education I wish I
had before I filed for compensation. But that is water under the
bridge. I have been fighting with the VA for quite some years now.
Most of what I know I learned from the VA Watchdog dot Org. Both you and Larry Scott have taught me more in the last two years then I had learned on my own in the past thirty years.

After reading this post I googled the form and found it in many
different sites. The VA has a page to search for documents at.
http://www.va.gov/vaforms/default.asp

The page for VA Form 21-4140-1 is.
http://www.vba.va.gov/pubs/forms/VBA-21-4140-1-ARE.PDF

The form can be filled out on your computer and then printed and
mailed. Of course as you say. We should send it via certified mail.

I hope that you and Larry will continue your good work.

---------------
NOTE FROM JIM STRICKLAND:
Might be good for each person to see when they were awarded IU, then write on a calendar each year as a reminder to send this in.
http://www.vba.va.gov/pubs/forms/VBA-21-4140-1-ARE.PDF


VA SHREDS OUR VETERANS

((IV) October 27, 2008)

“On October 22, 2008, the New York State Division of Veterans' Affairs held a Counselor Refresher Training Seminar at Stewart Air National Guard Base in Newburgh, NY.  Early in the meeting a New York VARO representative, who gave his name as John B., said problems found by VAOIG were improper entry dates on documents and improper procedures.  John B. stated 20,000 pieces of mail were not opened and paperwork files were not collated or properly attended to.  Apparently, this had been going on for some time."

Source and full story at  :http://www.vawatchdog.org/08/nf08/nfoct08/nf102708-1.htm

Larry Scott -VA Watchdog - said it all this morning:

"And, it's time for more VA employees to come forward with information to help the VBA and VAOIG, and the veterans they serve.  Can one person make a difference?  Remember, this entire shredder scandal story started with just one VA employee in Detroit who cared enough to do the right thing."

Doing the right thing is what will help resolve this problem.

VBA employees are actually posting on the comment section at Watchdog and other vets sites-anonymously-

while I applaud their willingness to confirm what we claimants have known for years-and of course who really knows if they are a RO employee or not-

the unsung hero of this whole story is a Detroit VARO employee who

had enough and was brave enough to come forward.

 

Jim Strickland -VA Watchdog -will be my guest at SVR on November 5th.

By then it will probably be worse-

I feel that any vet or widow with active denied claims whose evidence was Never
considered by the VA should send the VA (and the OIG too) a letter
demanding that in light of the recent news, they want their evidence
found and properly assessed for their claim.

Of course this isn't to replace a formal NOD (but you could throw this
into a formal NOD)

Vets and widows have never had this power before to demand that their
ignored evidence be properly assessed by the VA.

and they should write to

House Committee on Veterans Affairs October 25,2008
335 Cannon House Office Building
Washington, DC 20515

Subcommittee on Oversight and Investigations
335 Cannon House Office Building
Washington, D.. 20515
and

Department of Veterans
Affairs January 8, 2006
VA Office of Inspector General Hotline (53E)
P.O. Box 50410
Washington, D.C. 20091-0410

and tell these entities how the VARO must have lost, misplaced,or
destroyed your evidence-
because they did not consider it all and denied your claim -violating your basic rights for DTA.Duty  to Assist and all other evidentiary regulations in 38 CFR, 38 USC and M21-1MR.

I am sending my letters in an hour.

Only if vets and widows step up to the plate on this -as well as more RO employees- and overwhelm
these entities above -will anything really be done-

And I am counting on more VA employees to have a conscience and step
up to the plate too.



VA SHREDS OUR VETERANS

((V) October 27, 2008) Subject: VA Shredder Gate plus:


Sent: Sunday, October 26, 2008 5:00 PM

Received the following from several sources but cannot confirm the validity or the visit to the Regional Office in Chicago by Senators Durban and Obama.

This post is anonymous- not the right name- the VA employee is hoping that vets will respond to his plea:

I am sending you the same information that I recently called and relayed to a staff member of the Chicago Tribune. This Monday, October 27, 2008, Senator Durbin and Senator Akaka will visit the Chicago VBA Regional Office for an inspection. Recently, it has leaked to the public that some VBA employees across the nation have purposely thrown veterans' mail in the garbage. This is a problem because, in most instances, a veteran's claim for compensation may hinge on the missing article. I have come across veterans that have assured me that they sent in documents pertinent to their claim, only to be informed that the mail was never received.

Well, the two senators will be visiting the Chicago VBA RO on Monday. However, I am afraid that they will be unable to detect problems within this agency, as everyone has been ordered to behave in a manner that exudes professionalism and commitment to the veterans.

The Chicago VBA RO has for years been scrutinized by Sen. Obama and Sen. Durbin in an effort to determine why Illinois’ veterans receive minimal compensation for their injuries--when compared to other states. This is alarming because our state has quite a large veteran population. The workload has been a great problem for this office as they continue to struggle to reduce pending compensation claims. This is due to being short staffed, as well as having managers who received their promotions by being friendly with those in power.
Here is a brief breakdown of the organization:
Triage: 1st Stage

At this stage, this is where a veteran's initial and subsequent paper work comes into the agency. At a minimal, the mail received in Triage (the mail room) should be processed in about seven days and placed in the appropriate claims folder. However, this is not the case at this office. Mail sometimes stay in the mailroom for four to six weeks and, in some instances, are misfiled or lost.


Pre Development: 2nd Stage

At this point, veterans service representatives (VSR's) are tasked with examining the veteran's claims folder and sending appropriate notice to the veteran. For instance, they are supposed to ensure that a letter acknowledging receipt of the claim is mailed to the claimant. It usually takes months for this correspondence to be mailed, usually at the request of the veteran repeatedly contacting the office and pleading with it to send the material. The document is important because it is proof (receipt) that the claim was received and the veteran does not have to be concerned that the claim has been “lost” of “misprocessed.” This receipt is also relevant because it explains to the veteran what is needed to grant compensation, as well as inform the veteran to submit private treatment records or other evidence they may help to establish the claim.

A major problem at this stage, the VSR's sometimes fail to identify all the issues the veteran is seeking compensation. Therefore, some exams that should have been ordered or not, and when the veteran finally gets his or her award letter, the person discovers that he or she must contact the VA, once more, for proper and complete adjudication. Once, the exams have been complete and the required documentation collected, the VSR reviews the claims folder to determine if it is ready for a decision. If it is, the folder is transferred to the RVSR—the decision-maker and evaluator.

Rating Board: 3rd Stage


At this stage, the claims folder is brought to the RVSR for a decision. In theory, at this stage the case has been properly developed and awaiting a decision. However, 50% of the time (and I am being generous) the claim is not ready for a decision. For instance, the VSR (2nd stage) may have failed to examine the received medical examinations thoroughly to decide if all issues needing a medical opinion have been provided. Hence, claims folders are passed to RVSR's missing exams, service treatment records, and DD-214. The case is not ready for a decision and must be deferred for other examinations or other items, delaying the veteran’s claim.

In some instances, Triage (the mail room) fails to adequately process mail. For instance, a veteran may have submitted additional evidence showing compensation is warranted. However, if this information is not entered into the database and the mail placed in the claims folder on time, the veteran's claim may be denied—and I have witnessed this quite often.

Production standards are another problem at this office that are contributing to an employee’s mistakes. For one, a VSR must process a certain number of claims per day in order to meet his or her quota. Sometimes they are only half-heartedly reviewing the claims folder. In reality, they are tasked with examining the service medical records and identifying in-service disabilities and conditions, private medical records and tabbing relevant information that will assist the RVSR in rendering a decision. However, when there are four volumes of military medical records, a person cannot possibly examine them all and make his or her arbitrary quota for the day.

The RVSR is also under arbitrary production standards. He or she must receive a certain number of credits to meet an irrelevant quota. You have evaluators missing / ignoring issues that should have been granted. It is not that they want to shortchange the veteran; the system is not set up to allow an evaluator to properly assess the entirety of the claims folder, which can be as much as four to five volumes.

At this office, the sentiments are not "do a good job" so that veterans may receive the benefits the US promised. Instead, in all my years, it has always been let's process as many claims as possible to get the backlog down and, if we miss an issue, the veteran can always file another claim.

 have worked at the Chicago VBA RO for over five years and am a veteran myself. If I was seeking compensation, I would want my claim handled appropriately and given the proper amount of time to render a fair and balance decision. Unfortunately, that does not always happen at this office.


There are some great employees in this office, and many go beyond the call of duty, often staying late to complete a claim. Nevertheless, management (at this office and those at the national office) continues to place unreasonable pressure on employees. When this occurs, it is no surprise that veterans are being harmed.

There have been recent reports that some psychologists and psychiatrists are refusing to diagnose PTSD when the finding is warranted, with some administrators instructing medical staff to make the veterans come back several times before giving away the golden goose. This is not the way we treat our veterans. They demand our deepest respect, sincere thanks, and an authentic pat on the back.

I am contacting the national media and local media in the Chicago land area, as well as veterans organizations with anticipation that Monday’s visitors will be greeted by genuine people concerned about veterans’ compensation.


Please help me spread this message to others who care about veterans. If you are not able to come out Monday call the director's office and voice your concerns.

On VA Watch dog at:

http://www.vawatchdog.org/08/nf08/nfoct08/nf102508-7.htm

You will find Congressman Filner’s statement:  "This completely shatters confidence in the whole VA system.”

Hundreds of thousands of Veterans/Widows never had any confidence in this sham of a system including the BVA and the DC Appeals Management Center.  In my opinion this system is so full of biased crap, collusion, and criminal activity against the United States Veteran and family it should be disbanded entirely.  I know many have said save it and fix it.  But there comes a time in any endeavor that it is just throwing good money and good well-intentioned efforts away.  Changing the engrained VA philosophy on behalf of the Executive Branch would be a total waste of that time and money.  This whole issue should be done by an entity not associated with the Federal Government and that can be held accountable for actions like are being reported in a court of law.  Also for at least rendering common sense decisions instead of clerks needing medical records which they have no idea what they say or what the meaning is (just more BS) and on top of that just putting them in file 13, on purpose as if they never received them. 

This is not about a “oops we slipped” but an ingrained policy by VA as we have said all along to deny, stall, and defile the Military Service of a Veteran until his or her death.

Example is also in that same link referenced above of how VA thinks these actions should be handled. Can anyone say these are not direct criminal actions with intent to do harm?

Here was VA’s response:

Alison Aikele, a VA spokeswoman in Washington, said a national ban on all shredding in benefits offices remains in effect. That ban will continue until the agency settles on a policy to guarantee key documents are not improperly destroyed.

So the VA person thinks this is just another policy directive that needs to be published.  Not how many Veterans has this affected, how many lives has it ruined, how many widows and offspring were left in total distress because of government condoned criminal activity of not just improperly destroying documents but not using those documents in support of the veterans/widows case which seems to what VA is all about; not justice or fair and impartial decisions.

I cannot wait to hear what the Affairs Committees are going to do and that by the way is supposed to take place (not confirmed) on the 14th or the 17th.  Everyone be standing by for that deal on his or her computers to listen in.

In fact, I cannot wait to see what the entire congress is going to do about VA and the fact they have caused more harm than the Veterans fought the Nations enemy’s.  Now being caught in that act we will see any criminal charges levied and job firings.  I doubt it.  Promotions all around for VA employees they did exactly what they were trained and told to do.  Screw the American Veteran.

Let the punishment of the innocent (Veterans/Widows) and exoneration of the guilty (VA, BVA, DC Appeals Management) begin or should as I say continue.

By the way the science studies are also included in that lack of integrity as recommended by several of the participating scientists.  If integrity cannot be enforced then all studies involving Veterans should be done by an outside study/source not associated with the Federal Government.  No I am not even considering IOM, they have not been as forth coming and transparent as they should be considering they are making legal decisions. 

Kelley


VA SHREDS OUR VETERANS

((VI) October 30, 2008) 500 Files Pulled From Shredder

TAMPA - 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."

Veterans can check the status of their benefit claims by contacting a VA call center at 1-800-827-1000.

Reporter John W. Allman can be reached at (813) 259-7915.

 
 
 
 
From: HCVets@aol.com [mailto:HCVets@aol.com]
Sent: Wednesday, October 29, 2008 7:22 AM
To: colonel-dan@sbcglobal.net
Subject: HCVets.com Surveillance Alert-"Monstrous Piles Of Unopened Mail"

Send a Freedom of Information Act (FOIA) to the Department of Veterans Affairs to find out if your claim information has been shredded. Ask for a complete and undeleted copy of your file containing all records in possession of the Veterans Administration (VA). It's easy to do!

It is the policy of the VA Central Office FOIA/Privacy Act Officer to acknowledge your request within 20 working days of receipt. Write Freedom of Information Act Request on the envelope. There are no special forms required for use in submitting a FOIA Request.

Example:

Date: 
Claim #, Social Security Number, Date of Birth, 

To Whom it may concern

As per the Freedom of Information Act (FOIA), please send a complete and undeleted copy of my file containing all records in possession of the Veterans Administration pertaining to my military service and claim(s) for service connection.

Sign & Print your Name, include address, phone... Write Freedom of Information Act Request on the envelope and send to:

Department of Veterans Affairs
Office of the General Counsel (024)
810 Vermont Avenue, NW
Wash, DC 20420

More info-
Frequently Asked Questions about FOIA 
http://www.va.gov/oit/egov/rms/faq.asp

VA SHREDS OUR VETERANS

((VII) November 3, 2008 - Shreddergate Continues)

UPDATE: VA SHREDDER STORY GAINS NATIONAL MEDIA ATTENTION -- U.S. News & World Report: It will be nearly impossible to figure out how many documents had been incorrectly destroyed in the past.


=================================================================
 
Veterans' Benefit Claims Records Wrongly Headed for VA Shredders
By Amanda Ruggeri


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."


There is a lot that could be said about the above abuse of our folded, spindled, mutilated, and shredded veterans.   However, I have only one question.   Does anyone understand the relationship between the abuse and the extremely high suicide rate among veterans?


Your Cheatin' Heart (1952)

Music and Lyrics
by
Hank Williams
(1923-1953)


Your cheatin' heart,
Will make you weep,
You'll cry and cry,
And try to sleep,
But sleep won't come,
The whole night through,
Your cheatin heart, will tell on you...

When tears come down,
Like falling rain,
You'll toss around,
And call my name,
You'll walk the floor,
The way I do,
Your cheatin' heart, will tell on you...

Your cheatin' heart,
Will pine some day,
And crave the love,
You threw away,
The time will come,
When you'll be blue,
Your cheatin' heart, will tell on you...

When tears come down,
Like falling rain,
You'll toss around,
And call my name,
You'll walk the floor,
The way I do,
Your cheatin' heart, will tell on you...

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