VA Resolves Claims Backlog Through Veterans' Deaths; 1/3 on backlog have died per VA report

WASHINGTON -- More than 238,000 of the 847,000 veterans in the pending backlog for health care through the Department of Veterans Affairs have already died, according to an internal VA document provided to The Huffington Post.

Scott Davis, a program specialist at the VA's Health Eligibility Center in Atlanta and a past whistleblower on the VA's failings, provided HuffPost with an April 2015 report titled "Analysis of Death Services," which reviews the accuracy of the VA's veteran death records. The report was conducted by staffers in the VA Health Eligibility Center and the VA Office of Analytics.

Flip to page 13 and you'll see some stark numbers. As of April, there were 847,822 veterans listed as pending for enrollment in VA health care. Of those, 238,657 are now deceased, meaning they died after they applied for, but never got, health care.

While the number is large -- representing nearly a third of those listed as pending -- some of the applicants may have died years ago. The VA has no mechanism to purge the list of dead applicants, and some of those applying, according to VA spokeswoman Walinda West, likely never completed the application, yet remain on the pending list anyway. West said the VA electronic health record system has been in place since 1985, suggesting some of the data may be decades old and some of those people may have gone on to use other insurance.

About 81 percent of veterans who come to the VA "have either Medicare, Medicaid, Tricare or some other private insurance," said West. "Consequently, some in pending status may have decided to use other options instead of completing their eligibility application."

But Davis disputed West on every point. For starters, an incomplete application would never be listed as a pending application, he said. Beyond that, the health records system West is referring to is just that: general health records, not pending applications for enrollment in health care. The VA has only required enrollment in health care since 1998, he said, and there was no formal application process before that. Davis provided an internal VA chart that shows backlogged applications only beginning in 1998.

As for some vets having other insurance, Davis said it is "immaterial and a farce" to suggest that means VA shouldn't be providing vets with the health care they earned.

"VA wants you to believe, by virtue of people being able to get health care elsewhere, it's not a big deal. But VA is turning away tens of thousands of veterans eligible for health care," he said. "VA is making it cumbersome, and then saying, 'See? They didn't want it anyway.'"

At a minimum, the high number of dead people on the pending list indicates a poor bookkeeping process that overstates the number of living applicants -- a number that should be closer to 610,000.

Davis sent copies of the report to House and Senate committees that oversee veterans affairs, and to the White House, hoping to spur congressional and presidential action to pressure VA to clear its health care backlog.

A spokesman for the Senate Veterans Affairs Committee did not respond to a request for comment. Eric Hannel, the staff director of the House Veterans Affairs Subcommittee on Oversight and Investigations, said his team is looking into the report's findings.

"We take it seriously," said Hannel.

A White House spokesman did not respond to a request for comment.

Davis recently sent a letter to Sen. Johnny Isakson (R-Ga.), who chairs the Senate Veterans Affairs Committee, laying out the problems with the health care backlog. He highlighted that 34,000 combat veterans are among those listed as pending for health care -- none of whom should be on that list since combat veterans are granted five years of guaranteed eligibility for VA health care.

"They have no business being there," he said. "These are men and women who served in Iraq and Afghanistan."

The best thing President Barack Obama can do, said Davis, is force the VA to allow veterans to upload their so-called DD-214 forms when they apply for health care. The form is a lifelong document that shows a person's military record. If veterans could use it to show their eligibility for health care, and if the VA assigned staff to review all of the pending applications, it would clear the logjam in the system, he said.

"The White House has the ability to direct the VA to do this immediately," said Davis. "That would get rid of the pending eligibility issue."

Review of VA Claims Statistics...Improving!

VA Stats Improve – Good Job, VA!

Unfortunately, too many of these claims were resolved by dumping them into the BVA pile for years of additional inaction. Nonetheless, progress is progress and let's hope it continues.

VA Under Secretary Urges Claim Approval – Except for C-123 Veterans!

VA Under Secretary for Benefits Allison Hickey stirred her troops in the Veterans Benefits Administration forward with her rousing message, "Let's show the world how much we care about them all! Lean in -- grant if you can. Deny only if you must!!!"

Sounds terrific. Great leadership from a woman who knows leadership inside and out. Yet it seems, based on years of our struggle, that the VA feels it "must" deny even in the case of medically and scientifically proven C-123 exposure claims. 

VA policy trumps, law, regulation, the Senate and the House, and General Hickey's message.

VA rejects input from the EPA, NIH, CDC, ATSDR, and US Public Health Service, all of whom support the C-123 exposure claims. VA rejects world-renown Agent Orange scientists who confirm the C-123 exposures. VA rejects any outside government agency, medical school, university school of public health, independent scientist...VA rejects every opinion if it supports the C-123 exposure claims, and VA accepts any opinion which denies it.

It don't seem fair. It seems far, far off from General Hickey's orders to the field..."deny only if you must" being twisted to "deny whenever possible."

VA Cuts "Backlog" By Denying Claims, Regardless of Merit

The VA was, is and shall continue to be under the microscope of Congress for their unacceptable backlog of veterans' claims. The VA was, is and shall continue to be highly creative in addressing this backlog.

Their first step is righteous: VA executives mandated overtime for their regional offices to process more claims per month than before

Their second step is righteous: VA executives created a highly effective campaign called "Fully Developed Claim," whereby vets and their service officers themselves gather each piece of the necessary claim, submit the package with veteran certification that everything needed is attached, and the claim then gets priority. PLUS, the claim in many cases can be given a full year of backdated benefits!

Their third step is righteous: VA executives worked with DOD to get separating disabled veterans awarded VA disability ratings during their separation process. This was one which should have been on the books during World War II, but at least it is working now.

Their forth step is deceptive, cruel and where we are harmed: VA executives make it clear to their
regional offices that a denied claim gets into the "resolved" statistic just a quickly as an approved claim. Turning a good claim down to get a complex issue resolved is unacceptably cowardly, and condemns the vet to between two-three years of appeal. I actually had a VA rater tell me face-to-face that my "complicated" claim would have to be denied (kicked upstairs, as she put it) via denial to get a decision at the Board of Veterans Appeals.

Charming, but at least three out of four schemes to whittle down the backlog of inventory (as General Hickey describes it...to the rest of us, however,  "inventory" means our claim sitting on a bored VA employee's IN box until they have nothing better to do, and are willing to turn their attention to serving America's soldiers, sailors and airmen.

The public should know that while a veteran's claim slowly crawls through the system, denied, appeals, remanded, with years spent hoping...those are years the VA refuses any medical care for the illnesses the veteran's doctors have already certified as "service connected." Those are years of delay which whittle years off the veteran's remaining life expectancy!

Those are years the VA counts as money saved, because no financial compensation and no medical services were permitted the veteran...no medical care, no prosthetics, no dental, no vision, no rehab, no independent living adjustments, no pharmacy, no counseling..truly, lots of money saved by simply delaying the veteran's claim.

There is no reimbursement for the money a veteran spends for vital medical care for his military injuries and illnesses during the years a claim is delayed. Those are years where denied medical care permits a veteran's health to completely collapse.

And for the truly worst off, those who would need CHAMP-VA, no medical care permitted the veteran's family, either. Money saved...for the VA's budget. Policy-driven claim delays and denials for claims which audits show are decided with less than a 50% accuracy rate...and the errors are generally in the VA's favor, not the veteran's.

It is no wonder that vets often wait more years on their claims then they spent on active duty! I wonder what the suicide rate is for disabled veterans defeated over these years of delay.