Deliberate Vcca/duty To Assist Noncompliance.

[Guest morgan]

I am aware of a senate committee and an OIG investigation of a VA regional office and I'm wondering if someone here can answer some of my questions about it. In brief, the Senate Committee for Oversight of Veterans Affairs opened an investigation that is being worked through the regional chain of command. The regional director wrote a letter apologizing for issues brought to the committee and OIG's attention. He called the behavior of certain employees "unacceptable and unprofessional" and says he has taken "appropriate corrective action." An OIG investigation is now going forward.

My question: is it a serious matter when ratings employees are caught deliberately disregarding VCAA/duty to assist requirements in favor of meeting performance quotas? This was not a matter of failing to send a VCAA letter to the claimant, evidence submitted to the senate committee and the OIG is irrefutable, the intentional premature decision was made for the sake of meeting performance quotas. Doesn't this meet the level of being ILLEGAL rather than merely unacceptable and unprofessional? Will the OIG investigation likely go through the same regional director?

[Berta]

Gee-Last year I griped to the OIG,to the House and Senate Committee chairmen and to anyone who would listen as to how the VA has turned the VCAA into a scam-

not only that but my recent complaint to the Gen Counsel in DC- against y vet reps- brought up how many vet orgs are sitting back and allowing VCAA violations to occur- and not questioning them-adding to the lengthy backlog and the eventual BVA remand for a "redo of what GS 11 and 12 employees could not do in the first place"

I think this is exactly how I stated this to Congressman Filner on Dec 9th in SVR radio archives-

He said my proposed VCAA amendment and other stuff id being addressed by the HVAC after January as to reducing the backlog and attacking some of these RO problems.

Hard to say how this OIG investigation will go but they will probably post the results at their web site when it is done-

It is an absolute travesty of justice if any RO denies a claim without sending a VCAA letter or by sending one that is not incompliance with the VCAA regs.And illegal in my opinion as well as contradicted by their very job descriptions.

The OIG report of 2005 found that the RO goals of quantity and not quality reviews of claims at Ros was adding to the backlog and veterans were adversely affected by it all.

Our ultimate Duty to assist reg- the VCAA- has been turned into one more way to screw vets-in my opinion.

Edited December 20, 2007 by Berta

[john999]

Berta

Too bad you could not get with some lawyer to file a class action kind of lawsuit. If the VA is disobeying the law some lawyer might want to make a big score on class action. The main complaintant in these things usually gets a big pay check as well. I was in one against the USPS. The ones who originated the class action got about 80,000 bucks a piece. The lawyers got millions. I got about 3500 bucks since I was just a member of the class. Check out the Glover Case class action. It is on the net under Glover Case. You just know if the VA sent you defective VCAA then they did it to thousands.

[broncovet]

May I inquire as to which VARO this was being investigated? Reason: I have a 4 year old NOD that has never been acted on by the VARO. Thanks

[Ricky]

Is it a serious matter - yes. Is it illegal - yes anytime a federal law is intenionally disregarded for person gain it is illegal. Will they go through the same director - yes that is the way the system is set up. No matter what the VA does any investigation by the VAOIG equates to = the chicken (OIG) looking over the wolves (VA). Will any of this do any good - NO. Look at the history. No matter what the VA does it is all settled with a we are a bad boy but we are sorry response to congress. Congress then goes away smiling saying look american public, look at what we have done for the veterans - we made them ole boys apoligize!!!!!

Don't believe me - just research any of the inquires that have been done on the VA - all of them have resulted in an apoligy and a promise to congress to do better next time. Then the VA simply goes on with business as usual until someone else screams foul. Then the process starts over again. Millions of dollars have been spent on investigations, studies, committes etc...... of the VA over the years and nothing has changed. jmho

[Pete53]

This investigation will go the same way they all do. After it is finished a report will be filed and the VA will be racked over the coals and they will apologize profusely promise to fix it thank the Committee and file it in the trash with all the rest of them.

[Ricky]

Pete, I do not think they throw them in the trash. I believe they frame them and hang them on the hallway walls so all of the employees can see them. You know kinda like trophies B)