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Crisis at the VA as Benefits Claims Backlog Nearly Tops One Million

by: Jason Leopold, t r u t h o u t | Report

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Marine Corps veteran Aaron Hudson received help documenting a disability claim. A severe VA backlog in processing such claims persists. (Photo: Rex Larsen / The Grand Rapids Press)

    During the past four months, the Department of Veterans Affairs (VA) backlog of unfinished disability claims grew by more than 100,000, adding to an already mountainous backlog that is now close to topping one million.

    The VA's claims backlog, which includes all benefits claims and all appeals at the Veterans Benefits Administration (VBA) and the Board of Veterans Appeals at VA, was 803,000 on January 5, 2009. The backlog hit 915,000 on May 4, 2009, a staggering 14 percent increase in four months.

    The issue has become so dire that veterans now wait an average of six months to receive disability benefits and as long as four years for their appeals to be heard in cases where their benefits were denied.

    Rep. Tim Walz (D-Minnesota), a member of the House Veterans Affairs Committee, said during a hearing in March that the VA is "almost criminally behind in processing claims."

    Overhauling the VA represents one of the most daunting challenges facing the Obama administration after years of mismanagement and neglect by the Bush administration, which stacked the agency with political cronies and kept the agency underfunded, wrapped in bureaucratic red tape and placed the interests of veterans last on a list of priorities.

    Indeed, one of the VA's biggest failures during the Bush administration's tenure was its inability to fully implement critical components of the Mental Health Strategic Plan (MHSP) at regional offices throughout the country.

    The MHSP, unveiled in 2004, would have provided veterans who show signs of being at risk of suicide or are suffering from post-traumatic stress disorder (PTSD) with immediate mental health care and eliminated the waiting period for receiving treatment.

    But according to a November 2006 report by the Government Accountability Office (GAO), spending for the program was substantially less than what the VA had proposed - leaving untreated tens of thousands of veterans who were at risk of suicide.

    In June 2007, in response to a VA inspector general's report that also criticized the VA's failure to implement the MHSP, William Feeley, the VA's undersecretary for health, operations and management, issued a memo requiring VA hospitals and outpatient treatment centers to provide urgent mental health care within 24 hours and nonurgent care to veterans within 14 days.

    But Feeley, who was one of a handful of VA officials who received lucrative bonuses in 2006, admitted in a deposition last year that he never conducted any oversight to ensure his directives were being adhered to. In that deposition, Feeley said an uptick in veterans suicides and suicide attempts did not mean VA failed to provide proper care to veterans.

    "A suicide does not mean negligence on the part of a medical center director or a network director," Feeley said. "Suicide occurs just like cancer occurs."

    In his prior position as director of the Veterans Integrated Services Network in upstate New York, Feeley was required to implement several elements of the MHSP at the network's community-based outpatient clinics with a population of at least 1,500 veterans. But Feeley said in his deposition that he only read an executive summary of the MHSP after it was released in June 2004 and had no idea whether the clinics adopted the proposals.

    Secretary of Veterans Affairs Eric Shinseki recently named Feeley, who veterans groups had have long demanded be fired, as the director of the VA's West New York Healthcare System in Buffalo, New York, removing him from a top position in Washington, yet leaving him employed with VA due to his prior civil service career with the agency.

    To date, beyond a suicide hotline set up last year and thousands of newly hired mental health employees, the VA has failed to adopt a comprehensive suicide prevention program as outlined in the Feeley memo and the VA's 2004 MHSP.

    In January and February, for the first time in military history, the number of battlefield suicides was higher than the number of combat deaths in the war zones, according to the Pentagon.

    Last year, 140 US soldiers committed suicide, a record high, and during the first four months of 2009, 64 US soldiers have committed suicide. Military officials said a US soldier is now more likely to commit suicide than a civilian and the Army has recently commissioned a $50 million study to explain the suicide epidemic.

    It's a "very disturbing" trend, said Army Vice Chief of Staff Gen. Peter Chiarelli during a recent conference call with reporters.

    Chiarelli said trying to reduce suicides "is one of the hardest problems" he's witnessed in his three-decade military career. He added, "There is no single solution ... suicide is a multi-dimensional problem that requires a multi-disciplinary approach to tackle it."

    Chiarelli, and other Army officials, however, fail to address one of the obvious causes behind the spike in suicides: Multiple deployments in Iraq and Afghanistan are taking a toll on soldiers.

    Chiarelli did say that he believed if soldiers had better access to mental health care providers it might reduce the number of suicides.

    Although President Obama has proposed increasing the VA's budget by 10 percent to $15 billion and as much as $113 billion for fiscal year 2010 as a way of meeting these challenges, the administration still lacks the manpower, data and analysis to properly plan for the funding increase, according to a recent report by the GAO.

    Shinseki, a staunch advocate of veterans, promised recently that he would take "on the issue of the backlog," but he also admitted that he doesn't understand how it turned into a full-blown crisis.

    While veterans groups say they are pleased with Obama's choice of Shinseki and other veterans' advocates to lead the VA, they said they could no longer sit by and wait for relief.

    Earlier this year, two veterans advocacy groups asked a federal appeals court to step in and force the VA to immediately tackle the massive benefits claims backlog and implement mental health care plans.

    The organizations, Veterans for Common Sense and Veterans United for Truth, which represent the interests of more than 12,000 veterans, said in court documents filed May 1 with the Ninth Circuit Court of Appeals that, in some cases, the VA's failure to provide timely mental health care treatment for veterans "resulted in suicide."

    The problems persist because "VA has not implemented critical provisions, involving suicide prevention, required by its own plans, the veterans advocacy groups alleged in court papers. "As such, services to which VA acknowledges veterans are entitled are being unreasonably delayed, in some instances denied entirely because the delay leads to the death by suicide of individual veterans."

    "An injunction compelling VA to implement its own directives is both appropriate and required," the advocacy groups said in an appeal brief. "At a minimum, a remand is necessary to remedy the district court's erroneous discovery rulings and 'systemic' evidentiary standard."

    Two years ago, Veterans for Common Sense and Veterans United for Truth sued the VA, alleging some war veterans were turned away from VA hospitals after they sought care for PTSD and later committed suicide.

    The veterans groups sought a preliminary injunction to force the VA to immediately treat war veterans who showed signs of or were already suffering from PTSD. In addition, they wanted a federal judge to force the VA to overhaul its internal systems that handles benefits claims and medical services.

    But US District Court Judge Samuel Conti ruled last summer that he lacked the legal authority to implement those measures. However, Conti did say in an 82-page ruling that it was "clear to the court" that "the VA may not be meeting all of the needs of the nation's veterans."

    Conti wrote that the veterans groups should get "Congress, the Secretary of the Department of Veterans Affairs, the adjudication system within the VA, and the Federal Circuit" to address the matter.

    The veterans' groups appeal to the Ninth Circuit said Conti's ruling was legally flawed and that he "erred in denying relief to remedy both VA's mental health care delays and the lack of procedural safeguards to challenge those delays."

    Gordon Erspamer, a San Francisco attorney representing the veterans groups, said in an interview that the case is "odd" because Conti's "findings of fact departed from his ultimate ruling."

    Paul Sullivan, executive director of Veterans for Common Sense, said in an interview that the motivation for the appeal to the Ninth Circuit was VA's failure to fully implement its Mental Health Strategic Plan and to conduct oversight of it. He said he has received reports about veterans packing parking lots to wait for medical care.

    Internal VA memos that surfaced during the trial last year showed that VA officials were aware that more than 1,000 veterans had attempted suicide per month, which attorneys representing the veterans advocacy groups argued could have been avoided if the MHSP, which called for the development of a "national, systemic program for suicide prevention," was implemented.

    "The VA has provided no documentation that they implemented any aspect of their strategic plan," Sullivan said. "From our point of view, although it appears VA is taking some steps in the right direction VA's system still remains in deep crisis."

    A VA spokesperson would not answer specific questions about claims made in the lawsuit, specifically, whether the agency has conducted any oversight to ensure its mental health directives are being followed by its health care facilities around the country.

    Sullivan added that the number of suicides and PTSD cases will likely increase "with the escalation in Afghanistan and the increasing use of multiple deployments."

    Secretary of Defense Robert Gates said earlier this year the Pentagon would end the so-called "stop loss" program sometime in 2010 - the program that orders soldiers to remain in the military for months, and in some cases longer, after their enlistment contract had expired. News reports said that 40 percent of the nearly two million US service members sent to the Iraq and Afghanistan wars have already been deployed twice or more.

    Lawmakers have proposed several pieces of legislation aimed at streamlining the backlog of benefits claims associated with mental health diagnosis.

    Rep. John Hall, chairman of the House Veterans' Affairs Disability Assistance and Memorial Affairs Subcommittee introduced one such bill, HR 952, the "Combat PTSD Act" in February. The legislation, which has 85 cosponsors, would streamline claims for PTSD, some of the most difficult and time-consuming claims VA processes.

    In addition, Hall and House Veterans Affairs Committee Chairman Rep. Bob Filner introduced and passed a comprehensive package of pilot programs to start repairing the VA's broken claims system.

    But without immediate intervention by Shinseki on the benefits claims backlog, the VA will continue to be mired in controversy.

    "This is an unmitigated disaster, and grounds for the removal of top [VBA] and [Board of Veterans Appeals] officials," Sullivan said. "President Obama and Secretary Shinseki need to clean house at the Veterans Benefits Administration now, before VA's claim system collapses. Although hiring more claims processors will help, the VBA also desperately needs new leaders and new policies.

    "The wars and economic devastation continue to generate a flood of new patients and claims for VA. However, the Captain of the ship has changed at VA, and a new course has been plotted. Only time will tell if Secretary Shinseki can turn the ship around without additional damage to VA or harm to our veterans."

  

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Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit www.newsjunkiebook.com for a preview.

Comments

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Backlog = cynical way to

Backlog = cynical way to save money. What are people supposed to do while there's no benefits or treatment? The article points out what many do. The delay saves also by having hoops and fewer workers than needed. It also hopes to discourage people from continuing in the process. Cynical indeed.

Fortunately, an Obama

Fortunately, an Obama administration proposal to force private insurers to pay for war-related injury or illness did not make it out of committee, but I think the direction is clear: they would like to deal with the problems of the VA by getting rid of the VA. Merely shifting this to the private sector won't solve the problem.

If we enacted a draft it

If we enacted a draft it seems as if the fatigue due to multiple deployments which result in depression and suicide in our military might be averted. As a person who protested Vietnam and the country's misguided policies in the debacle I can't believe I am writing n support of a draft but the inequitable burden on the military now should be changed and made more fair. I believe the only way to accomplish this is with a draft with no loopholes for the rich and politically well connected!

Problems with the VA health

Problems with the VA health care system are endemic and long term. In 1973 I was recruited to take part in an evaluation of the entire system sponsored by the US Congress. At a cost of $6 million, a team of 19 of us worked out of the National Academy of Sciences looking at all aspects of the care provided nation wide. My job was to interview veterans who had used the system to get their evaluations of the quality of care they had received (or in many cases been denied). The results I got, like those of other team members looking at actual care provided, were often negative. We sent our three volume report to Congress in 1977 along with many recommendations for needed changes (including better mental health care). The Congress rejected our report, neither publishing nor acting on it. Our evaluation team protested, but to no avail. I am not surprised at what is now happening, needless to say.

Those who wanted this

Those who wanted this crazy-ass war got what they wanted and then some. Anger doesn't begin to describe my reaction to government neglect of Vets (never been one myself). Hope the PTSD Vets reach out to community services and suicide prevention hot lines. They really can be helpful, especially when one is desperate. The is hardly a single damned politician I trust. All they want is bombs, bombers and death and destruction. Are we all headed for disaster?

+reason need 1-PAYER

+reason need 1-PAYER HEALTHCARE, to streamline ease & services, not have duplicate networks, once again duplicating costs.. also the ease of vets being able to get care locally without wasting precious time & +costs to government[tax]& individual.

This should be a reminder to

This should be a reminder to every member of the military just how much the Republican party, specifically Bush and Cheney value your service. Also, the Democrats need to remind people that the Republicans just introduced a proposal to save money that depended on REDUCING VA appropriations. That shows how much the present Republican party values their service.

My recent VA disability

My recent VA disability claim was turned down on what appeared to be a quite reasonable basis. However, the decision was completely flawed in that what was "quoted" from my medical record to support the denial was a fiction at total odds with the record. Upon appeal, I prevailed, but the total elapsed time from filing to award was 2 years. Q1. Why can't the system be changed so that when there is VA error, the claimant can point out the error and restart the process from that point? Q2.So many articles like this one mention that the average claim takes 6 months to settle. Is this, in fact, true, or does one article simply quote a previous article without "fact checking" Q3. VA disability benefits are considered "unearned income," without regard to the very real $ costs incurred while waiting for a decision. In some cases, a veteran loses more in other benefits than he gains in VA disability benefits. Can't the VA study this problem and, if warranted, support legislation to redefine the nature of VA disability compensation so that is not counted as "income"?

This is yet another reason

This is yet another reason that Bush and Cheney should spend the rest of their lives in jail. To create a deterrent to prevent future presidents from engaging in aggressive wars of choice based on their egos and lies

Well, Obama is president

Well, Obama is president now. Bush destroyed the VA system, but it has not been good for years anyway. Now it is Obama's system, and he had better do something about it quickly. I worked for the VA in the 80's and it was not very good then. Reagan had already pretty much destroyed it. The best way to fix it is to end the unlawful wars in which we are participating, but god forbid we end our American way of life! In that case, it is Obama's VA, and it is his shame now!!!

The problem is the system,

The problem is the system, that of requiring a veteran to have a disability to recieve basic health care at the VA. With the eonomic downturn, more veterans are trying to access the Va as they loose their health insurance and their job. But Va is only accessible for health care for disability.

VA disability benefits are

VA disability benefits are considered unearned income and TAXED as income?!?! That is an outrage. Other disability income is not taxable, why are VA disability benefits taxable? Disability benefits are RARELY (or a best, barely) enough to live on. That's no way for the good ol' USA (NOT!) to show its appreciation to the men and women who served their country! What are those men and woman supposed to live on while they wait for their claims to be approved?! This crisis at the VA is a national disgrace (among many). The ongoing medical expenses and disability support of those injured in Iraq is going to cost this country hundreds of billions of dollars over the next 40-50 years, if not more. It would be very appropriate for Cheney (never served in the military - he had "other priorities in the '60s than military service"), Rumsfeld, Rice Gates, Bush (no REAL military service), to have the first thing they see upon waking each morning and the last thing they see when they go to sleep at night is a photo of Tyler Ziegel (Google the name) as he is today. AND given that Obama couldn't wait to send troops into Afghanistan, he should, too.

People, what's so surprising

People, what's so surprising about this VA mess? This is the same garbage veterans from every war they were asked to fight have had to put up with. Yeah, check out those flags made of plastic, stenciled on T-shirts, or worn on backpacks, and those wonderful yellow ribbons made in Communist China professing everyone's love for our troops, until that is, they get hurt. This is why I do my best to keep kids from joining the military, especially the Marine Corps. These kids are a noble lot, but they're naive and fall all kinds lies. The Marine Corps of today is not an honorable service since its recruiter lie and mislead the kids into all kinds crap. The biggest lie is that the Corps will stand by its fellow Marines no matter what, and then it doesn't. Get hurt, you're on your own.

I was surprised when I read

I was surprised when I read this article I didn't know the VA was in such bad shape. Might I ask - is it Facilities in the bigger cities that this is happening with ? I ask because my dad has been going to the VA for a pretty long while - ( the one he attends is in North Dakota - and they have always seemed to be right on top of things. Even recently like within the last like 12 years is when he has really been receiving help. Last night I asked him about how he thinks the VA is doing and he said they are always on top of things for him.. He has cancer: and as examples they've sent him every possible thing he could ever need really to help him around the house and - even a motorized vehicle that he can tool around in outside - etc. .. so how can there be such a big backlog ? Is it all mental health issues ? And if so - what age are these vets and are they soldiers from these new era wars they've been thrust into ? Like say from the 1990's + .. AND if there are so many mental health issues if these men/women that go into the military- are having such a hard time when they come out.. perhaps that is a big major sign .. that the wars being fought are perhaps questionable ? More to the point- what the heck is our Government doing to these guys and gals -

from my experience, the va,

from my experience, the va, is not interested in a vet's health and welfare, i been trying to have disability approved, the doctors are incompetent, especially when you try to tell, them, what the heck is going on. and they don't even hear you. these people are corrupt and don't care about people-vets, this is what u get for volunteering for freedom. nothing! and there not supposed to give out confidential information to corrupt people either, and they do.

My husband served in the

My husband served in the Marine Corps during the Korean (war). He fought in two major battles while stationed there. He was admitted directly to the VA hospital upon return home. Yet, when he applied for VA benefits one of their reports stated that, "he never served over seas". He had to prove that he did. They try every trick in the book and then some in order not to approve benefits for vets who fought for their freedom to treat them so poorly. If at first they didn't receive the report they wanted from a certain Doctor they would send him to another Doctor telling them what they wanted the report to say. CRAZY and very unfair to the VETERAN. My husband is now 74 and just last year received benefits due him for injuries received in Korea, with the help of a lawyer. Check it out, Illinois is the worse state when it comes to allowing veteran's benefits.

i've been fighting the va

i've been fighting the va for over 8 years for disability. they can 20% for type diebetis just because i was in nam for 2 tours. just because i was the. i have proof of my injuries, ptsd and tbi and they continue to disapprove my claim. been on appeal for over 5 years to bva and they wonder why i try to kill myself. i'm getting ready to send all of my medals back to obama.