Normally, when you receive a written notice that your work is unsatisfactory and needs corrective action, the first thing you should do is make the necessary corrections. Unfortunately, this is not happening in the Veterans Benefit Administration (VBA) of the Department of Veterans Affairs (VA).
The VBA’s main purpose is to evaluate claims for disability compensation submitted by veterans and to make correct determinations concerning veterans’ disability compensation status. The VBA is separate from the Veterans Health Administration (VHA), which provides medical services to our disabled veterans.
On August 5, 2021, the VA’s Office of Inspector General (OIG), which provides oversight for the VBA, released an OIG Report highlighting problems on the handling of claims, which it initially found years ago.
After investigating denied claims of military sexual trauma (MST), the OIG’s Report discovered the VBA did not always follow the existing MST policies and procedures. Also, the VBA leadership did not monitor compliance and there were “ongoing failures in governance.”
Because of these deficiencies veteran survivors of MST were deprived of the VA benefits they were entitled to and are now experiencing additional distress when their claims are improperly handled or denied.
The OIG conducted an investigation in 2018 and found 49% of the rejected claims for MST between April 1, 2017 to September 30, 2017 were denied improperly because the VBA failed to perform “their due diligence.”
The OIG Report released on August 5, 2021, discovered that the situation had gotten worse and found 57% of the rejected MST claims during the last quarter of 2019 were incorrectly denied. It is evident that the VBA had not sufficiently addressed the deficiencies of the 2018 OIG Report.
The VBA replied (to the 2021 Report) that 72% of the MST claims were approved for the last nine (9) months. It also admitted that additional controls and oversight are required to improve MST-related claims processing.
In order for a veteran to receive MST benefits, they must have a diagnosis of post-traumatic stress disorder (PTSD), as well as credible evidence that the incident occurred during the veterans’ military service.
The VBA indicated in 2018 that the MST claims evaluators would receive specialized training and all MST claims would be handled within five (5) selected regional centers. The 57% error rate (identified in the 2021 OIG Report) demonstrated additional training in the processing of MST claims is required.
The recent OIG Report directed the VBA to review all of the claims in which the inspectors found errors and correct them immediately.
Interviews with 136 of the VBA’s MST Coordinators revealed that 60% reported they didn’t have the administrative support they needed to perform their duties. Approximately 30% of the MST Coordinators stated they needed additional funding for outreach and education.
Senator Jon Tester, chairman of the Senate Veterans’ Affairs Committee, stated, “The VA needs to aggressively and unequivocally increase accountability, improve claims processing and expand supportive services to better care for MST survivors.”
My Opinion: It is inconceivable that the VBA failed to take corrective action that was specifically cited in the 2018 OIG Report. I am positive that the OIG will be conducting another investigation in 2022 of all denied MST claims and hopefully the situation will improve.
I am not naïve to assume that every MST disability claim is a valid claim. Some veterans are known to attempt to take advantage of “the system” and apply for benefits that they do not deserve. Therefore, not every MST claim should be “rubber stamped” and approved by the VBA staff.
All I am asking, along with the MST-veteran victims and the American public, is that the VA’s MST Coordinators do their job and exercise “their due diligence” in their review of MST disability claims.
I totally agree with Congressman Mark Takano that the VBA should give a “second look” on all denied military sexual claims to ensure that more claims are not inaccurately processed. We owe it to these veterans!
John Plahovinsak is a 32-year retired Army Veteran. He served his last four (4) years (1995-99) on active duty as an Inspector General (IG) of a six (6) state area. He is currently the Chapter Adjutant of Disabled American Veterans (DAV) Chapter #63 (Clermont County).