AFGE Letter to US House & Senate VA Committee

7/27/2019 AFGE Letter to US House & Senate VA Committee

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VA Regional OfficeAFGE L O C A L 52 0PO BOX 1778COLUMBIA, SC 29202July 28, 2013

Chairmen, Ranking Members, Members of the US House and Senate Committees of VeteransAffairsDear Committee Members:Local 520, the exclusive representative of the bargaining unit of VA RO Columbia , SC , wants torespond to an email dated July 26 , 2013 received from a V A local senior management officialregarding the letter that was sent to the Committees on July 21 , 2013. When ou r commitment toVeterans and employees, integrity, and advocacy for Veterans and employees are placed at issue,we are compelled to respond.The email accuses Loc al 520 of the following:

"... you continue to try anddiscredit our organization,..." "The way in which you 've intentionally misled those in receipt of this letter is of

significant concern, especially given the fact that I noted that the Rating B undle neverincluded the 190's yet in this letter you are adding them to the rating bundle to imply thatVBA is not making the progress we claim we are or don't care about widows."

"Your letter incorrectly adds the 190s to the Rating Bundle to give the perception thatVBA is hiding work/doesn't care about widows."

"VBA resources will be wasted explaining/responding to inquiries on these false anduninformed claims at best, at worst, funding for or support of critical initiatives willsuffer. Veterans andemployees will be harmed, ..."

O ur letter clearly stated that the EP 190 was eliminated from the Monday Morning WorkloadReport (MM W R) when the Com pensation and Pension Entitlement c ategory was removed fromthe M M W R and that it should be included in the Compensation and Pension Rating Bundle.The three digit code, called end products (EP), must be understood if VBA's workload is to becorrec tly analyzed. Therefore, I would like to explain the Pension EP's 180, 120, and 190. The180s and 120s are included in the Compensation and Pension Rating Bundle, but not the 190s.

> EP 180s are Veterans' claims fo r pension. If the veteran is 65 years old orreceiving disability Social Security, there is no rating decision. If they areclaiming housebound or aid & attendance benefits and not in an approvedMedicare N ursing H ome a rating decision will be needed. Furthermore, if theveteran is filing an initial dual claim for compensation and pension, the pension


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claim will not appear on any report. The claim will be reported under an initialcompensation claim - EPs 010 or 110. EP 010 is an initial compensation claim ofeight contentions or more and EP 110 is less than eight.

> EP 190s are Survivors' claim fo r pension. If the survivor is claiming housebo undor aid & attendance benefits and not in an approved Medicare Nursing Home arating dec ision is needed.

> EP 120s are reopened pension claims for both Veterans and Survivors. Ag ain, ifnot administratively granted as previously mentioned a rating dec ision is needed.

Therefore, the question posed in our previous letter was wh y are the 190s no t included in theRating Bundle, since the Compensation an d Pension category was removed from the M M WR .Moreover, the pension claims are paperless and don't required Service Treatment R ecords. Theonly requirements for deciding these claims are verified Wartime service, meeting the incomerequirement, and medica l evidence if a rating decision is needed. How ever, they are backlogged.The MMWR website states, "VA's goal is to eliminate the backlog of compensation claimspending for more than 125 days by the end of 2015." If this is the case, why include any pensionclaim in the Rating Bundle. Abraham Lincoln said, "To Care For Him Who Shall Have BorneThe B attle AND ForHis Widow & His Orphan."Local 520 does not have to discredit our organization because VBA does a good job of doingthat themselves. The Congressional hearings, IG and GA O reports and m edia provide enoughproof of that. Unfortunately fo r Veterans, it appears no one is paying attention to them.The M MW R now includes this statement, "Please note: Effective July 15th, 2013, VBA nolonger reports the Entitlement Bundle on the Mond ay M orning Workload Reports. This decisionwas made in response to stakeholder concerns that the number misrepresented VBA's progresstowards the strategic 2015 goals. The Rating Bun dle total has been and remains the standardVBA measure of the backlog and inventory." W hy are survivors not included in this goal?If this was effective July 15 , 2013, why was the Entitlement Bundle removed from the June 28 ,2013 MMW R?The M M W R website also includes, "In response, V A is implementing a comprehensiveTransformation plana series of people, process and technology initiativesto increaseproductivity and accuracy of disability claims processing. Once the Transformation is fullyimplemented, V A expects to systematically reduce the backlog and reach its 2015 goal." Visit itand click on the "Transformation Plan". It will speak fo r itself.


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> The GAO testified before the Senate VA Committee and said, ""We have noted thatVA's ongoing efforts should be driven by a robust, comprehensive plan; however whenwe reviewed'VB A's plan documents, we found that they fell short of established criteriafor sound planning. Specifically, V BA provided us with several documents, including aPowerPoint presentation and a matrix that provided a high-level overview of over 40initiatives, but, at the time of our review, could not provide us with a robust plan that tiedtogether the group of initiatives, their inter-relationships, an d subsequent impact onclaims and appeals processing times."GAO-13-453T, Mar 13, 2013

Again, we report and you decide if our information is "false and uninformed claims at best."4/13/2013 6/29/2013&P RATING BUNDLE(RB)

010110140020320681405409310120180

71,802234,89210,407

480,5121,619422

2,423287

16,44019,39213,831

62,758210,397

7,609458,068

1,8221,049640206

19,34919,97514,992

61,872205,635

8,247458,945

1,9021,259444184

20,47519,38514,863

852,027 796,865 793,211*190 49,687 47,047 45,675

901,714 843,912 838,886**930 28,920 29,227 29,455

7/20/2013 DIFF 4-13/7-20-9,930-29,257-2,160-21,567

28 3837-1,979-1034,035-71,032-58,816

-4,012-62,828*Not Included in the C&P RB**See Explanation below

**Here are the hidden C&P RB claims. The majority of EP 930 compensation claims were ratedprematurely. The evidence was either at V A at the time of the decision or an issue was missedon a previous decision. The MMWR lists these as review, including quality assurance. Ask theVBA to identify how many 930s are in the category previously mentioned? Furthermore, ask theV BA to identify how many Agent Orange claims are in the FAST track system an d have no tbeen counted in the MMWR? How many C&P RB claims are languishing in the VARO IntakeProcessing Centers that have not been established in the system? Only 50% of them getestablished within the 7 days requirement. Moreover, the average control time to establish themis over 18 days. The informal Fully Developed Claims (FDC) already submitted by the Veteranswill soon become formal.Now, let's examine the claims over 125 days since the new initiative was implemented.

3


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C&PRB>125 4/13/2013 7/20/2013 DIFF010110140020320

52,281171,919

4,019337,278

656681 113405 2,419409 244310120180

8,4508,0654,730

41,754143,709

1,540303,256

791120437150

8,7628,4406,053

-10,527-28,210-2,479

-34,022135

7-1,982

-94312375

1,323TOTAL RB>1 25 590,174 515,012 -75,162

*190 32,713 28,542 -4,171622,887 543,554 -79,333

**930 25,718 25,572

4/13/201372.8%73.2%38.6%70.2%40.5%26.8%99.8%85.0%51.4%41.6%34.2%69.3%65.8%

88.9%

7/20/201367.5%69.9%18.7%66.1%41.6%9.5%98.4%81.5%39.5%43.9%39.5%64.9%62.2%

86.8%

DIFF-5.33%-3.31%

-19.94%-4.11%1.07%-17.25%

-1.41%-3.50%

-11.86%2.31%5.30%-4.4%

-3.65%

-2.10%This is the progress the VBA has made with all hands on deck, 20 hours of mandatory overtime,the new transformation (people, process, and technology) initiatives, VBMS at all VAROs, andappeals an d other claims being placed on hold. Remember, M r. Thomas Murphy's testimony onJune 12,2012 at the US Senate VA Committee hearing. He stated that the C&P RB's backlogwas reduced by 74,000 claims and the overall C&P RB's inventory by 44,000. According to thelatest M M WR (July 20, 2013), the C&P RB'sbacklog has been reduced by 75,162 and theoverall C&P RB'sinventory by 58,816. Also remember that these numbers includes theprovisional ratings which will be coming back sometime in the next 12 months. How many?Let's go back to the V A Claims Processing Task Force Report to the Secretary of VeteransAffairs dated October 2001 which states, "VBA's workload is normally discussed in terms of thenumber of pending claims or the backlog in VBA Regional Offices. Pending claims are generallyassumed to be original an d reopened claims for disability compensation. However, this shorthanddescription of the workload over-simplifies what is, in reality, a heterogeneous that consumesdirect labor hours of the C& P workforce. To complicate matters further, these end products dono t account for all categories of work required in the Regional Offices...,"Here are appeals an d other claims for Veterans an d Survivors' claims.

AppealsOther Claims

130

4/13/2013 7/20/2013250,973 | 252,531 | 1,558

189,305 201,507 12,202


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290600*400

**137**150**297**607***160***165

81,97144,43124,86110,21454,00817,73618,97260,85014,631

87,84650,41438,1959,13745,51115,33120,17849,80314,609

Other ClaimsTotalsAppeal andOther ClaimsTotals

441,498 468,119

692,471 720,650

5,8755,983

13,334-1,077-8,497-2,4051,206

-11,047-22

28,179

Notes:The MM W R for 7-20-13 indicates the A ppeals total is as of May 11,2013.*Sharp increase - EP 400 was for correspondence, but began to be associated with Provisionalratings after the new initiative was implemented. This is the reason it's included here.** Pension Claims ***Death Claims (Pension, Dependency Indemnity Compensation EP 140,and Death Claims) are processed by the Pension M aintenance C enters (PM C).An explanation of all the three digits EPs codes can be found in M21-4, Appendix C .The HVAC Press Release Facebook poll asked the question, "Where is the Accountability atVA?"It states "A pattern of heartbreaking benef its backlogs, ve teran deaths and other patient-safetyissues has cast a dark shadow over the Department of Veterans A ffairs." It also gives someexamples.It ended w ith these w ords, "In light of these outrageous developments, we are inviting you totake our new Facebook poll, which asks a simple question: Do you think the Department ofVeterans Affairs is doing enough to hold poorly performing employees accountable?"The examples that were given portrayed senior executives. How ever, the poll question is aboutaccountability of poorly performing employees, not senior executives.Local 520 has always raised the issue of VA RO 's autonomy and the lack of accountability ofSenior Executives at the V BA . However, this should not be news to anyone. Here is an excerptfrom 2001:


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> "The Task Force was surprised by the apparent lack of uniformity in interpretingdirectives, compliance an d ultimate accountability at the vast majority of the RegionalOffice.... VBA's Central Office leadership gives the impression of neither demandingadherence to nor of being completely aware of the actual compliance to directives at theindividual Regional Office level." VA Claims Processing Task Force Report, October2001,pgl6

The four pillars of an organization (leadership, process, people system, and workplace culture)have been allowed to crumple at VB A and the VA RO Colum bia epitomizes it. A VA claims2003 study puts it this way.

;'> "The most effective regional offices have a/clear integration of certain key practices intoan overall philosophy of continuous improvement. These specific practices are: Ahighly c ompetent and involved managem ent team that includes the Office of the Director,the Veteran Service Center Manager, and every supervisory position in the VeteranService Center (VSC). In the context of this study, these words have very specificmeaning. The term "competent" m eans managers understand claims proc essing at a verydetailed level. Each person, from the Director to the A ssistant Coaches, und erstands thedetails of claims processing and how the sum of the parts make up the w hole.

> While there is an appreciation for tools, reports, and data, these are not the primarydrivers of the process. Rather, they are validation that the process is working. Thereis a sense that withou t this understanding of process, tools are of little value. To besure, no t every director or assistant director must have followed a career path through theclaims processing arena. How ever, successful engagement by senior leadership simplycannot take place without clearly "understanding the business." All of the highperforming stations visited during the study exhibit this characteristic.

> The term "involved" means each m anager works to support a culture of continuousimprovement. Initiatives to improve, "stretch", recognize, and reward performance comesfrom all levels. The office is considered as having these two elements of managementcompetency and involvement only when the employees themselves validate it." VBACycle Time Study, June 2003

However, there has been no voice for the employees who do this work. It is time for employee'svoices to be heard and the truth be told. We know what is happening in these V A RegionalOffices and the solution is simple - a complete analysis of each regional office is needed.Identify the problems and fix them. This is called accoun tability and leadership.Line employees are tired of the "hand"being pointed at them when they are given poorleadership, inadequate training, broken processes and systems and are saddled with anunmanageable workload.


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Even saddled with these obstacles, employees w ork hard to ensure the VB A delivers the bestquality of service to the nation's veterans. How ever, we know that this cannot happen unlessemployees are provided with the leadership, processes, people systems, and workplace culturethat are conducive to providing timely and accurate benefits to Veterans and their survivors.

Moreover, when employees are required to meet a certain production standard, bu t don't haveenough w ork to meet them given the massive workload that exists, there is a major seniorleadership/accountability problem at all levels.The Statute: 7101. Findings and purpose states,

" (a) TheCongress finds that-(1) experience in both private and pub lic employm ent indicates that the statutoryprotection of the right of em ployees to organize, bargain collectively, and p articipatethrough labor organizations of their ow n choosing in decisions which affect them(A) safegua rds the public interest,(B) contributes to the effective conduct of public business, and(C) facilitates and encourages the amicable settlements of disputes betweenemployees and their employers involving conditions of employment; and(2) the public interest dem ands the highest standards of employee performance and thecontinued development and implementation of modern and progressive work practices tofacilitate and improve employee performanc e and the efficient accomplishment of the operationsof the Government. Therefore, labor organizations and collective bargaining in the civil serviceare in the public interest.(b) It is the purpose of this c hapter to prescribe c ertain rights and obligations of theemployees of the Federal Government and to establish procedures which are designed to meetthe special requirements and needs of the Government. The provisions of this chapter should beinterpreted in a manner consistent with the requirement of an effective an d efficient

Government."Local 520 has for the past 7 years tried to engage with the V BA chain of comm and on variousissues to no avail. Now , we turn to the Committees in an attempt to restore a VBA that al lVeterans and their survivors will have confidence in that all claims fo r benefits will be given thecare and attention the claimants have earned and fulfill the promise of Abraham Lincoln - "T oCare For Him Who Shall Have Borne T he Battle AND For His Widow & his Orphan."Lastly, we take extreme care to provide credible and informed information to stakeholders whichis drawn from a deep well of Congressional hearings, the annals of VBA reports and studies, IGand GA O reports, credible media sources, employees, and m y 20 years of m ilitary service to myCountry, 17 years of claims processing experience serving V eterans, and eight years ofrepresenting and serving employees.


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Furthermore, we also make every effort to practice not preach the VA Core Values - Integrity,Commitment, Advocacy, Respect, Excellence (ICARE).

Employees Putting Veterans 1 stCF:President ObamaVA Secretary ShinsekiNY TimesCenter for Investigative ReportingThe W ashington Exam inerV A Watchdog

0k l 1 V VobihsonPresident(803) 647-2385 (Ofc )(803) 239-7682 (Cell)[email protected]. com

"Those that fail to learn from history, are doomed to repeat it." - W inston Churchill


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Compensation and Pension Rating Bundle(Highlighted in Orange Below. Represents the 8 End Product Claim Codes+ Agent Orange Claims VAUses to Define the 125 Day and 98% AccuracyTargets)A s of July 20, 2013

* Pending

793,211

# Pending

515,012 64.9%

CompensationEP

Entitlement (Original and Supplemental)# Pending740,394

Original Entitlement - Veterans1Initial entitlement decisions for Vo c Rehab 095Initialentitlement for service-connected disability (=>8) 010Initial entitlement for service-connected disability (


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(Combination of workload received from Veterans, survivors and internal sources that do not have any effect[on entitlement, nor do they require any adjustment to monetary benefits.Pension

EPEntitlementIncreased entitlementand/or reconsideration 120Initialentitlement - Veteran 180Initialentitlement - Survivor 190

Claims for benefits from Veterans and survivors that have never before applied for pensifor aid and attendance, and housebound benefits. Some pension entitlement claims req

# Pending79,92319,38514,86345,675

3n , as welljirea ratine

# PendingOver 12543,0358,4406,05328,542

as claimsdecision.

% Over 12553.8%43.5%40.7%62.5%

EPAward AdjustmentsHospitalization adjustment (non-rating) 135 .Dependency 137Income adjustments 150Annual eigbility verification reporting (EVRs) 155Misc determnations 297Due process 607

Involve the modificationof benefits based upon income changes.

# Pending91,6651,5009,137

45,51 18

15,33120,178

*PendingOver 12545,846

1814,59329,445

85,5496,070

% Over 12550.0%12.1%50.3%64.7%100.0%36.2%30.1%

EPProgramReviewsIncome Verification Match 154Cost of Living Adjustments 696Non-entitlement reviews 697These actions are not initiatedby Veterans or survivors. Allprogram review actions are iinternalVBA controls and mandates. These actions are classified as internalcontrols neaudit, review, and ensure that benefits and entitlements are proper and the intent of lawsregulations is being followed.

# Pending49,18547,554

691,562

nitiatedbycessary toand

# PendingOver 12548,83547,550

611,224

% Over 12599.3%100.0%88.4%78.4%

EPOtherCorrespondence 407Congressional correspondence 507Internal quality reviews 937Combination of workload received from Veterans, survivors and internal sources that doon entitlement, nor do they require any adjustment o monetary benefits.

# Pending8,2334,4431,4962,294

not have a

# PendingOver 1254,2472,352

111,884

lyeffect

% Over 12551.6%52.9%0.7%82.1%

Additional Compensation, Pensionand Education WorkloadBurial EP| 160

# Pending49,803

Provides honor and assistance with the burial of Veterans through an enhanced burial benefit forthose whose post-service death was due to or hastened by a service-connected disability. Theburial program also provides assistencewith the burial of Veterans entitled to pension; Veteranswho die while under VA care; and Veterans entitled to compensation but who die from othercauses.

Accrued # Pending14,645

Benefits not paid prior to the death of a Veteran or survivor based upon a pending claim at the timeof death which is later granted.AppealsAso( May 11, 2013

# Pending252.522

Appealed cases include compensation, pension, burial, and accrued benefits and decisions.Education Type # Pending

12,79379,648

Chapter 33 is the newPost-9/11GI Bll. "All" represents all Education Benefit Programs IncludingChapter 33 claims.

Prepared by VBA Officeof Performance Analysis & Integrity.

Documents

AFGE Letter to US House & Senate VA Committee