ptsd More On Va Shreddergate Exposed

[allan]

More on VA Shreddergate Exposed

February 2, 2010 by Robert L. Hanafin · 5 Comments

Shreddergate

In the past two years we at Veterans Today have been following and reporting on Department of Veterans Affairs attempts to cut costs by shredding or otherwise destroying Veterans claims mostly for PTSD.

Both our Managing Editor Bob Higgins and Senior Editor Gordon Duff reported on aspect of this in Loss of Veteran Records Still Continues AND VA “Shreddergate” Whistleblower Still in Prison.

Now it has been revealed in a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW) against the VA that seeks investigation after the Department of Veterans Affairs (VA) admitted to destroying documents responsive to CREW’s May 2008 Freedom of Information Act (FOIA) request.

The lawsuit CREW v. U.S. Dep’t of Veterans Affairs stems from CREW’s FOIA request for documents related to the VA’s policy of under-diagnosing post traumatic stress disorder (PTSD), after an email was revealed in which VA employee Norma Perez discussed this policy.

Since this issue first came to light, and continuing into the Obama administration, the VA has resisted providing any documents.

Most recently the VA claimed it had produced everything it had despite the fact that it had not even turned over Norma Perez’s email or – despite public outcry and congressional hearings on the matter – any other records referring to the email.

As a result, CREW argued the VA’s search clearly had been inadequate and, amazingly, the agency said that it couldn’t locate the email because it was destroyed in 2008, months after CREW filed both its FOIA request and this lawsuit. In fact, all the VA’s backup tapes were destroyed, including the one containing the Perez email. The VA says it cannot produce any emails predating December 9, 2008.

Based on the destruction of the records, CREW has asked the Court to let us depose VA employees who may have known exactly what the VA was doing about PTSD and the extent to which the agency refused to provide proper medical care for veterans with PTSD.

Anne Weismann, CREW’s chief counsel, stated, “It is incredible that with all of the public outrage and concern over this issue, the VA took no steps to preserve important records. This smacks of a cover-up to avoid liability for a disgraceful policy that deprived our nation’s veterans of appropriate health care.” Weismann continued, “The VA is not above the law; like all other agencies, it cannot simply destroy documents that have been requested under the FOIA just because those documents may cast the agency in a bad light.”

Click here to read CREW’s brief.

Citizens for Responsibility and Ethics in Washington (CREW) is a non-profit legal watchdog group dedicated to holding public officials accountable for their actions. For more information, please visit www.citizensforethics.org, or contact Matt Jacob at (202) 408-5565 or mjacob@citizensforethics.org.

Read more at: http://www.veteranstoday.com/2010/02/02/mo...ergate-exposed/

[broncovet]

Great Post, Alan.

We all knew that the VA had NOT taken effective "corrective action" to resolve the last "shreddergate". They posted a fast letter, and when I sent them a "Special Handling Request" due to shredded documents, a VA employee called me to tell me that my shredding "did not qualify" for special handling because the shredding occurred outside of the limiting dates between 2007 and 2008. They admitted on the phone that my evidence was shredded but said the documents I referred to in the SHR were outside of the limiting dates. What the VA is saying is that it is ok to illegally shred Veterans documents as long as those documents are not dated 2007-2008.

I really would like to have that in an IRIS email...I save mine on my computer, so the VA cant destroy them.

I would like to add that since I wrote the fast letter, I received a copy of my C file and more than 1000 pages, or better than 60% of my C file was missing, and assumed to be shredded.

Edited February 2, 2010 by broncovet

[*Bergie*]

More on VA Shreddergate Exposed

February 2, 2010 by Robert L. Hanafin · 5 Comments

Shreddergate

In the past two years we at Veterans Today have been following and reporting on Department of Veterans Affairs attempts to cut costs by shredding or otherwise destroying Veterans claims mostly for PTSD.

Both our Managing Editor Bob Higgins and Senior Editor Gordon Duff reported on aspect of this in Loss of Veteran Records Still Continues AND VA "Shreddergate" Whistleblower Still in Prison.

Now it has been revealed in a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW) against the VA that seeks investigation after the Department of Veterans Affairs (VA) admitted to destroying documents responsive to CREW's May 2008 Freedom of Information Act (FOIA) request.

The lawsuit CREW v. U.S. Dep't of Veterans Affairs stems from CREW's FOIA request for documents related to the VA's policy of under-diagnosing post traumatic stress disorder (PTSD), after an email was revealed in which VA employee Norma Perez discussed this policy.

Since this issue first came to light, and continuing into the Obama administration, the VA has resisted providing any documents.

Most recently the VA claimed it had produced everything it had despite the fact that it had not even turned over Norma Perez's email or – despite public outcry and congressional hearings on the matter – any other records referring to the email.

As a result, CREW argued the VA's search clearly had been inadequate and, amazingly, the agency said that it couldn't locate the email because it was destroyed in 2008, months after CREW filed both its FOIA request and this lawsuit. In fact, all the VA's backup tapes were destroyed, including the one containing the Perez email. The VA says it cannot produce any emails predating December 9, 2008.

Based on the destruction of the records, CREW has asked the Court to let us depose VA employees who may have known exactly what the VA was doing about PTSD and the extent to which the agency refused to provide proper medical care for veterans with PTSD.

Anne Weismann, CREW's chief counsel, stated, "It is incredible that with all of the public outrage and concern over this issue, the VA took no steps to preserve important records. This smacks of a cover-up to avoid liability for a disgraceful policy that deprived our nation's veterans of appropriate health care." Weismann continued, "The VA is not above the law; like all other agencies, it cannot simply destroy documents that have been requested under the FOIA just because those documents may cast the agency in a bad light."

Click here to read CREW's brief.

Citizens for Responsibility and Ethics in Washington (CREW) is a non-profit legal watchdog group dedicated to holding public officials accountable for their actions. For more information, please visit www.citizensforethics.org, or contact Matt Jacob at (202) 408-5565 or mjacob@citizensforethics.org.

Read more at: http://www.veteranstoday.com/2010/02/02/mo...ergate-exposed/

This reinforces the importance in having any documents turned into the VA time stamped and copied. I have been doing it for about 1-2 years now and it has been useful. Because, at a recent hearing I had,they claimed to have not received specific documents and I immediately produced the copy with the time stamp. They were briefly speachless, then asked for a copy of the copy I had. I set the tone that I has well prepared and well organized. I always tell all vets, they really need to have these copies made any time they turn in any evidence pertaining to their claims.

JMHO,

Bergie

[myround0]

Borncovet, I was contacted last week about my C-file. I can't wait to see what is in it. I will keep you and all others posted. I was told it would be in my posession in about 4 to 6 weeks. I am amazed that with the implementation of computers, it still takes the VA so long to respond to the issues, and needs of Veterans. I am working my claim through the Waco, Texas regional office.

[broncovet]

The VA delays sending Vets C files for as long as possible because:

1. It helps keep Veterans uninformed. Uninformed Veterans rarely appeal, so the VA likes keeping Veterans in the dark.

2. It gives the VA an excuse to deny the "Special Handling Request" because the Veteran wont know WHICH evidence was shredded, and may list the wrong evidence on the SHR, so the VA can deny it.

3. Delaying the C-file = Delays to the claim, and the VA likes that as that makes them money at Veterans expense.

4. They delay sending the Vets C file because they can, which is the same reason they delay our claims..because they can get away with it.

[Pete53]

I do not think that the VA intentionally does the four things that Bronco mentions in his post. I think that most of it is caused due to inefficiencies, lack of resources and poor training.

Things could be a lot better but the VA does not have a plan to deny claims.

[jbasser]

Pete, I totally agree. From a personal standpoint I think it is the confusion caused by the process with all of the requirements for a claim.

Chaos breeds confusion and the Poor Veteran is the beneficiary of the outcome.

J