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from Larry Scott at VA Watchdog dot Org -- 03-08-2007 #4
 


 

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I'M SHOCKED!  I'M OUTRAGED!  I'M APPALLED! --

Veterans' Advocate Jim Strickland

takes on the Congressional actors.
 

 

 

Veterans' Advocate Jim Strickland provides regular columns for
VA Watchdog dot Org.

If you would like to contact Jim about his columns, you can email him here...

The archive of Jim's articles is here...

---------------

Like you, I've kept a close eye on the Walter Reed Hospital issue. I was having another sleepless night recently and I decided to watch a little C-SPAN. As a rule, viewing C-SPAN is better than any pill to induce a deep sleep.

It was my luck that I turned it on just as the Congressional Hearing on Walter Reed Army Medical Center began its rerun for the night. I was instantly hooked and had to watch. I had that same creeping sensation that one has passing a gruesome car wreck...you don't want to see the awful carnage but you can't take your eyes away.

Early in the hearing Representative Henry Waxman, D-California, said, “I think that people are shocked when they heard about The Washington Post story of the deplorable conditions here at Walter Reed.” With that hint of the sort of brilliant insight that was to come, I couldn't tear away.

A few days ago The Washington Post published a story that revealed serious problems at Walter Reed Hospital. Specifically, our wounded soldiers were receiving inadequate, callous and uncaring treatment with regard to their transitional care. There were no complaints about the actual medical care, it was always lauded as the best. The focus was on failures happening after the crisis of the physical injury was fixed. Troops were lost in a paper maze, assigned to dilapidated housing and getting little or no assistance to put their broken lives back in order.

Today I saw a big bold headline that brought back what I'd watched on CSPAN. “Democrats seize on Walter Reed”, it blared. Then another, “Our view: Deplorable indifference”. The San Jose Mercury News reports that, “Walter Reed scandal prompts rage”. In the UK, Guardian Unlimited says, “Senators Vow To Fix Military Health Care”. FOX news goes on, “Lawmakers Vow Quick Action on Walter Reed Army Hospital”. Google News listed 1, 890 headlines associated with the events at Walter Reed.

If I believed those headlines, I'd be satisfied that our government is doing its job. Our elected officials are full of “rage” over the “deplorable indifference” and they're about to “seize” on the opportunity to take “quick action” to “fix military health care”. If I believed those headlines, I'd sleep well tonight, knowing that thoughtful, caring and responsible people were in charge of this issue and I could trust them to make it right.

But I don't believe those headlines. The only truth spoken during the hearing was by witnesses brought forth from the ranks of patients and family members who had experienced challenges at Walter Reed.

Staff Sergeant John Daniel (Dan) Shannon; Anne McLeod, the wife of Specialist Wendell McLeod; and Specialist Jeremy Duncan each did an outstanding job of presenting their views and recounting their experiences in the Walter Reed system. Watching them I was more proud than ever to be a Veteran. I knew those two soldiers and I knew that Army wife. I recognized their grit and determination and I felt right at home as I listened to them talk. I didn't need an introduction to these folks, they were my family.

Other than those 3 individuals, the rest were disappointingly average in their attitudes, questions and remarks. Representatives from the Congress were typically pompous, self serving and cautiously politically correct.

The Army brass on the hot seat were subservient to their civilian masters and responded carefully, weighing every word. Careers and pensions were at stake here and nobody wanted to make a statement that would get them demoted again.

Cynthia Bascetta, the Government Accountability Office (GAO) Director of Health Care, was as bland a bureaucrat as could be found in any federal office in Washington, D.C. She answered questions in the peculiar monotone used by officials testifying to the problems other people are experiencing. She had no opinions, she was just there to report the facts.

I watched in wonder as this went on and on. It's a testament to their abilities as actors that each Representative seemed genuinely surprised that such things could happen to veterans of combat. Let's give credit where credit is due; these guys are good.

Consider the questions posed by Representative Bruce Braley, D-Iowa when he asks, “Do the three of you know, does the JAG Corps provide any type of legal assistance to veterans who are processing disability claims?” He also asks, “And what I'd like to know, is there anybody who serves the role as an ombudsman or as a patient advocate here at Walter Reed in assisting patients with these claims?”

With that, Representative Braley has exposed himself as knowing absolutely nothing about the system of disability claims or the differences between an active duty soldier and a Veteran.

A lawyer since 1980, he has no military experience. (In a later piece of his testimony, he relates that, “And I've represented veterans and their families in life and disability claims.” Just how he has represented Veterans is a mystery.) In his biography, he doesn't list any family member as having a military background. He's been a representative from a small town in Iowa since November 2006 and has since served on the House Committee on Transportation and Infrastructure.

Representative Braley has no qualifications to serve on this committee but was allowed his five minutes of face time on national television to pose his embarrassingly uninformed questions to these wounded warriors and the Army wife.

He didn't get any answers so I'll answer for him. No, Representative Braley. JAG does not assist Veterans with disability claims. JAG is a military function that would only assist active duty personnel with limited duties to their problems. They would not assist an active duty soldier in a claim for disability. Veterans are not allowed to retain legal counsel to assist them in their disability claims because of an antiquated law that you and your colleagues are determined to keep on the books.

As Ms. Bascetta answers questions about how GAO recommendations are addressed, she tells the committee, “Well, when we make recommendations, we always follow up on those recommendations to ensure that they have been implemented. But in this case, we have been very frustrated that we bring things to DOD's attention over and over and we see that they fix certain problems on an individual basis but the systemic fixes don't seem to happen. And sometimes I think that part of the problem is that the rules and regulations are so monumental that we're focused more on that and not on the patients.”

With that, the committee members seem to think they've heard a revelation from Ms. Bascetta. They appear shocked (Shocked!!!) that DOD could possibly ignore an official recommendation of the GAO.

These committee members missed the 02/28/2007 GAO-07-532 report addressing Veterans Affairs lack of “Information Security”. In the report it's reported, “For many years, GAO has raised significant concerns about VA’s information security—particularly its lack of a comprehensive information security program...security weaknesses that identified from 1998 to 2005.

GAO report number GAO-05-287 entitled “VA Health Care: VA Should Expedite the Implementation of Recommendations Needed to Improve Post-Traumatic Stress Disorder Services” which was released on February 16, 2005 informs the reader that, “...we determined that VA has not fully met any of 24 Special Committee recommendations in our review related to clinical care and education.”

Service members injured in Iraq and Afghanistan are surviving injuries that would have been fatal in past conflicts, due, in part, to advanced protective equipment and medical treatment. However, the severity of their injuries can result in a lengthy transition from injured service member to veteran.” is what we read in GAO report number GAO-05-167 entitled “Vocational Rehabilitation: More VA and DOD Collaboration Needed to Expedite Services for Seriously Injured Service members” which was released on January 26, 2005.

The May 2006 report of PTSD needs, GAO-06-397 says, “DOD cannot provide reasonable assurance that OEF/OIF service members who need referrals for further mental health or combat/operational stress reaction evaluations receive them. Determining who needs a referral occurs when DOD health care providers interview service members after they complete the DD 2796.”

There are hundreds more GAO reports dating back 10 or more years that list the recommendations of the GAO to VA and DOD. Most of those reports only show us that GAO recommendations are routinely ignored.

The hearing went on for hours. There were more promises of, “...we're going to fix that problem. In fact, we're in the process of fixing it.” than I could count. All of the attending members were “shocked” to hear of Veterans who had problems with gaining their benefits from the Veterans Administration.

There were inspirational quotes aplenty, “There's a vow that's part of the soldier's creed: 'I will never leave a fallen comrade.' ”, made by people who had never served in the military.

Everyone present nodded and agreed that, “More and more evidence is appearing to indicate that senior officials were aware for several years...These are not new or sudden problems. ...complaints of bureaucratic indifference have been reported for years.”

The Representatives harrumphed, tut-tutted and politely congratulated each other as they made promises that this time, something would be done.

They did their best not to appear too squeamish as they tried to avoid staring at the disfigured face and the missing left ear of Specialist Jeremy Duncan.

They appeared appropriately sympathetic as Mrs. McLeod broke down in tears.

They did their best not to upset Staff Sergeant Shannon. He sat rigidly at attention, hyper-alert for anything that came his way. In crisp uniform displaying his CIB, Airborne badges and numerous other awards he'd earned in combat, this was a soldier's soldier with a confessed anger management problem. He wore his Purple Heart on the black patch that covered the hole where his eye should have been. They knew instinctively they shouldn't piss this guy off.

For any of us who have observed the Washington circus for decades, this was just more of the same. What once was a cycle of politics with well defined election campaigning periods is now never ending. This was only another political farce, a soirée put on so that these representatives could add another line to their resume and get reelected.

They were “shocked” over what they learned during this hearing. They're now full of “rage” over the terrible treatment given our returning warriors by the Department of Veterans Affairs and the Department of Defense.

I'm not shocked. I'm not the least bit surprised to hear of any of this.

I am full of rage. You can't even begin to understand how my own anger management issues surfaced as I watched this carnival go on.

If these representatives are so concerned, where have they been hiding? Why is any of this news to them? Shouldn't they have been in an ongoing state of rage and shock that WWII, Korea and Vietnam era Veterans faced these problems that many years ago and are still facing the same issues? Are there no representatives on this panel that have ever received a complaint from a Veteran in their district about being denied benefits from the VA?

Why haven't any of them noticed the issues of PTSD and Agent Orange that are driving increasing numbers of older Veterans to the VHA? Why are they all allowing Veterans to be treated as second class citizens by maintaining a law that prevents us from using lawyers to help us with our benefits claims?

Building 18 will get some paint, a good scrubbing, some new carpeting even. Today another group of 100 “Patient Advocates” will be hired temporarily in hopes that the Washington Post will shut the hell up. A lot of brass will march up and down the halls of Walter Reed glaring at everyone and maybe some new furniture will be brought in. A few more committees will meet and the members will groom for the cameras in hopes that they'll seem like can-do types to the voters.

But there will be no real change from any of this. None.

Five years from now I'll be writing to an Iraq war Veteran who has just been denied benefits for his injuries by the VA. He'll be shocked that his medical record was lost. He won't understand why his chosen Veterans Service Officer doesn't return his calls. After 3 years of waiting for a reply about his claim, it will seem unbelievable to him to discover that when he was granted 10% disability for the injury to his fingers, the larger claim of Brain Injury and PTSD and Unemployability was “deemed denied” and discarded with no requirements to notify him of his appeal rights or even that the decision was made.

Our Iraq Veteran will slide right in to place next to the Vets I'm working with today. He'll be right at home with the Vietnam Veteran with the terminal stage 4 lung cancer that the VA immediately assigned as Service Connected and rated at 0% as the Vet was “stable”.

He'll learn how to cope with intense pain from the Korean Vet who was shot in the thigh by a sniper in sub-zero weather. His leg wound affected his ability to walk and wreaked havoc with his back, requiring multiple major surgeries to correct both injuries. VA rated him at 10% and denied numerous appeals for service connection of the back condition.

He can watch and learn as my good friend with the Agent Orange induced non-Hodgkin's Lymphoma goes into a brief remission after his bone marrow transplant and has his disability benefits reduced due to his “improved” condition.

This Walter Reed scandal is just more fodder for politicians to feed their already massive egos.

Not a single one of those sitting on that side of the table has the courage to make any significant change to the way Veterans are treated. That would require that they risk something. Courage and risk aren't something they're fond of, those politicians.

They'll leave that sort of action to the only heroes present in that meeting; Mrs. McLeod, Specialist Duncan and Sgt. Shannon.



Read the transcripts here http://www.washingtonpost.com/
wp-dyn/content/custom/2007/
03/06/CU2007030601063.html 

View the hearings on C-SPAN here
http://www.c-span.org/ 

---------------

Larry Scott  --

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