Mr. Speaker, this is a conversation that has been a long time coming. I am in my first term here in the House of Representatives, and soon after becoming a Federal Representative, it became very apparent to me that our veterans in…
Mr. Speaker, this is a conversation that has been a long time coming. I am in my first term here in the House of Representatives, and soon after becoming a Federal Representative, it became very apparent to me that our veterans in California, in our districts, and all across the country really need a lot more of our help, as Members of Congress, as our staff both in our districts and even in D.C. can do for us for the veterans.
You have seen the revelations here lately that have finally gotten the attention of the American public, with what has been going on in Arizona, previously Pittsburgh with Legionnaires' disease, and the many other revelations about how poorly our veterans are being treated in this country once they have served for us and have come home, expecting the things that they were promised before they made that service for us.
For example, revelations about secret waiting lists in the Veterans Administration as we have seen in Arizona. They have shocked most Americans here in recent weeks.
Today, I speak out on an even bigger crisis within the VA system, and that is the monumental failure of the Oakland, California, Veterans Benefits Administration.
Most of our veterans must run through this nightmarish gauntlet before they can even hope to be added to the secret waiting list at a Veterans Administration medical facility.
Here on the floor we talk a lot about claims backlogs often, and we have seen mountains of paper files. Our inevitable solution always seems to be to give them more money to fix the problem. Well, the Congress, with the American taxpayers' dollars, has funded VA pretty adequately. We have made an effort here recently to try to help catch up with the backlog with the funding required. We were then issued cheerful responses of decreases in processing times that are systematically manipulated by upper level officials at VA in order to show progress to make us go away.
Right now, the Oakland office boasts that they have no claims over 125 days old. In reality, tens of thousands of the Oakland VA are trapped in a cycle many veterans call ``delay, deny and wait until they die.''
One main trick is to omit key information that would help the veteran in his or her claim, whether it be the exams, timelines, what have you, then deny the claim, ship it off for 2 or 3 years' worth of review and appeal process. In the meantime, we will deem it processed.
The management is more interested in the open number of claims stats on the reports than processing them accurately or in a timely fashion, and then reaping bonuses by posting a savings to the government--to the taxpayers--by denying these claims and these payments.
How many veterans are homeless because their claims for benefits have been sitting on a cart or in a janitor's closet or in the hallway by the director's office for years--or even decades? Benefits that would help them to not be homeless, to have shelter, to have better health, to even be in a place where they could then seek employment and be in a much better way?
How many veterans have suffered and died waiting years for their claim to be handled so they could seek medical treatment? Some of it needs to be very timely to have exams and treatment.
How many of our veterans have given up hope and committed suicide out of desperation and despair that comes with years of waiting, because they don't feel like anybody cares about them anymore and that they don't have any value to our society?
Yet, on weekends like we have coming up, we glorify them--as we should, those that have fallen--on Memorial Day and later in the year on Veterans Day. Yet this is what our government does to them. We know that we have veterans that take this ultimate step of suicide. We know they exist.
I submit that many of our Nation's veterans are part of a backlog that exceeds the most extraordinary numbers we currently have on file. For example, for this past year, my own office has been assisting for a full year a veteran with a 36-year-old claim. Due to management practices--if you call them practices--at the Oakland Regional Office, this veteran still suffers this day from not having his claim properly handled. Remember, he is not even eligible yet after 36 years to make it on to the secret waiting list for medical care, as in Arizona, to then finally graduate to the real list. Hasn't even made that in 36 years yet.
The Veterans Affairs Department's mission declares:
Our values are more than just words--they affect outcomes
in our daily interactions with veterans and eligible
beneficiaries and with each other. Taking the first letter of
each word--integrity, commitment, advocacy, respect,
excellence--creates a powerful acronym, ``I CARE,'' that
reminds each VA employee of the importance of their role in
this Department. These core values come together as five
promises we make as individuals and as an organization to
those we serve.
Now, let me underscore we know there are many, many very hardworking and caring VA employees out there that want to get results for the veterans. Many of them have been veterans themselves. So this isn't to impugn all of them. This is about upper management--on a topic that has been even one the President has focused on this week--not getting the job done and trying to snow us here in the Congress and the American people about the results they have been claiming.
Thanks to a growing group of employees who understands these core values I just mentioned and now feel empowered to step forward because they see there are people who really want to get behind them, I have been given a number of multiple signed, sworn statements by employees on what is happening behind the curtain at the Oakland Veterans Benefits Administration office.
Right here on this easel is a statement I received from one of them in the letter. It is just one of the few examples that I will read for you:
I am an employee of the Veterans Administration Regional
Office in Oakland. I took a photo on May 19, 2014, showing
stacks of paper piled on a cart. This paper is actually
informal claims going back to the late '90s and 2000s. These
claims were not reviewed until November of 2012. These claims
continue, to this day, to be a pile of paper on a cart that
no one wants to deal with. I was part of the initial project
reviewing these claims. My initials are on them from
November, 2012.
Again, this is an employee from the Oakland center.
Congressman LaMalfa, I want you to know that I am a proud
Navy veteran of 10-plus years and looked at the opportunity
to work at the Veterans Administration as a chance to really
help veterans. In the 5 years I have worked there, I know I
have helped people, but there is so much more that could be
done. The management at the Oakland Regional Office is
concerned about the numbers and not the veterans. Terminal
and homeless veterans wait for too long for the help that
they need. I believe that there are a lot of wonderful
employees that truly want to help but are being directed by
management to worry about number control.
What I don't understand is why they can't be more
transparent about the number of claims and the need for more
resources. We need more employees to do the job; we don't
need new carpet and desks like they just gave us when
veterans die waiting for us to do our job. This job is has
literally made me sick. I go to work knowing that during my
day, I will have to help the veterans in a low-key way and
not what I am being told is needed to get the veterans
numbers down. This makes me physically ill. I think about all
the letters begging for help and we seem to do so little.
I believe Oakland needs new eyes. I believe we need more
oversight. I believe far too many veterans die each day while
we worry about what our numbers look like. These veterans go
home with me each night in my thoughts and regrets of the day
because we seem to do so little.
This is a small sample of what is happening here, and we have additional statements, as well, about what is going on inside the Oakland VA, and maybe an example of many of them across the country.
In this photograph is an example of the files. Right now these are waiting in the hallway, and before that, they were found in a broom closet where they had been stashed for years. Some of these claims go back to the mid-1990s, untouched, only recently discovered, yet they still get walked past and not handled. Stacks of them, the filing cabinet.
The next letter is from an Oakland VA employee--a real employee. We are keeping their names back for now because we want people to know that we are going to help them if they come forward with this information:
In November 2012, myself and several other individuals were
given a special project to work. The project consisted of
approximately 14,000 claims dating back to 1994 that had
never been worked. These claims are considered informal
claims because they did not come in on a prescribed form.
Informal claims are worked differently. A letter is sent with
the correct form later for the veteran to fill out, and when
the form is returned, the claim is actually opened to work.
If the form is returned within 1 year, if the veteran
receives compensation, their benefits then would go back to
the date of his first correspondence, the informal.
We were given these claims to analyze, and very quickly we
began to realize that these were not all informal claims but
actionable ones, not to mention how old some of them were. So
many of the letters that came in were from veterans, or their
surviving spouses, who were begging for help at the end of
their life, and they never got a reply because they had died
by the time we got them. I went home so many nights crying
because a veteran or widow had begged for help, and we stuck
the request in a four-drawer lateral cabinet--kind of like
so--with 14,000 other ones. Each day we were required to
report back to our supervisor on the numbers and how they
were broken down. If the veteran had already died, it is
considered non-actionable and put aside. Whether it actually
made it to the veteran's folder is unknown to me.
Again, this is an Oakland employee:
If it was an informal claim and the claimant was still
alive, those were put in another pile to eventually review
again and maybe do the letters. If the document received came
from a veteran who had already filed a formal claim, then
these would be considered actual claims and be reviewed by
another person before being acted upon. So each day we would
report our numbers and separate out the documents. We began
to speak up about how old these were and why hadn't we acted
sooner on them, and we were very quickly removed from the
project for speaking out.
These claims were within feet of the assistant service
center manager; she literally walked by them each day, and
yet they remained untouched until November 2012. Word was
that a staff member from VA headquarters had actually been
the one to find them while she was there doing an onsite
inspection. And yet several long-term employees have told me
that management knew they were there. Either way, most were
very old.
I don't know how many veterans or spouses died before we
responded, but, I personally know of several hundreds that
got nothing, and the thought of us doing nothing to help
these men and women in their most desperate times is haunting
to me.
Again, signed by an Oakland VA employee.
A third letter addressed to me states:
Dear Congressman LaMalf: I cannot thank you enough for the
work you and your staff have done--
a big credit to my staff who worked very hard on this--
for the veterans in the northern California area. One
particular case should have been decided with the evidence on
hand last year. I read the examination today and found that
the exams have been in the system, and there has been no
action on that claim for what the system states is waiting
for the examinations. The information is there, and the
rating should be completed based on the evidence on hand.
Please keep advocating for the veterans. I cannot thank you
enough. I am a veteran myself who served honorably for over 9
years and was not provided the benefits from the VA per the
law until I--the veteran who is now an Oakland employee--
started working for the DVA myself and found out everything I
was not informed on.
I left the U.S. Marine Corps, after serving honorably as a
military police K-9 officer and member of the SWAT team. I
worked hard and, as a result of my disabilities, required
several surgeries and, recently, due to the hostile work
environment at work, have become progressively worse.
I have tried to report this to management, but they did not
like hearing the truth and started to make my life at work
miserable 2 years ago. The news is starting to pick up on
what I have tried, myself, to report regarding unethical
conduct in the VA. Prior to the news picking up on the real
problems at the VA, I have been reporting this information to
the Senate and Congress Members in the Bay Area's district.
I have reported this to the VA Office of Inspector General
on two different occasions. I have reported this to the GAO.
I have reported problems at the Oakland VA to the Federal
Labor Relations Office of the General Counsel for 2 years,
with no assistance.
I have three EEO claims, with one more in the works, that
have not been processed by the VA ethically or morally,
according to the applicable laws, up to and including the
OEDCA in Washington, D.C.
I am begging you to please open a formal investigation into
the unethical conduct of the VA Oakland regional office.
The unethical conduct I know of is the fact that the
Oakland VA management has not been held accountable for the
misconduct or several felony violations that has been
recently reported by me.
Since coming out as a whistleblower, I have had many
employees discretely discuss some extremely disturbing
information with me regarding what is actually going on in
the VA and why the management is trying to stop me at all
costs.
The unethical conduct goes far beyond my employment
difficulties at the VA Oakland regional office. I have come
to find out that the Oakland regional office is not only
lying to Congress about their numbers, but the Oakland office
is hiding claims that were received in 1999.
I have seen these claims in the office as late as May 20,
2014. These claims should be in the claims files if there is
not action because the veteran has died in the process, not
still sitting around the office for over 15 years.
There are a number of claims that are over a year old.
There are many more that have been ``lost in transit'' to the
scan sites, often in some other State. The VA is ethically
challenged, but this is unacceptable, to lose a veteran's
claim and not tell them or try to make the situation right,
just ignore them and hope they go away or to not process a
claim properly for over 15 years.
This is a real letter from a real Oakland VA employee. It continues:
The claims have been sitting for over a year, after having
been screened last by a group of VSRs and no action taken
because they were sitting in someone's office, then in some
storage closet by the director's office on the 17th floor of
the Oakland Federal building.
Again, I have made multiple statements to many agencies of
the U.S. Government in hopes that the illegal and
unprofessional conduct from the management would stop, but
the parties who I have reported to this, with ample amounts
of evidence provided, have explained that the corruption
cannot be stopped without some sort of ethical investigation
conducted.
Please initiate some type of ethical investigation by an
agency that is not going to try to cover up what they find,
rather report the truth and do the right thing.
I have been a law enforcement officer in the U.S. Marine
Corps, and I know that what is going on at the Oakland
regional office with me and other veterans. It is wrong per
the law, not my opinion.
Please, Congressman LaMalfa, assist us in whatever you can
do. The veterans deserve better.
Semper Fi, USMC Disabled.
This is what it looks like. There are unfinished files sitting in the hallways, previously found in a broom closet.
Lastly, in a letter from yet another person who stepped forward when they finally saw somebody fighting back at different levels, our Veterans' Committee and other offices around the country, they see the shame being brought upon our veterans and, with that, our country.
This letter says:
There are huge amounts of these claims that are quite old,
but because they are reclassified, are not worked
expeditiously. Lots of these claims go back several years,
but they are being worked as if they are only 2 or 3 years
old because they are in a different group, and that is not
considered a priority.
A lot of these claims, the 930 series, are review claims
created because they found something wrong that we did.
Usually, it is not logging in evidence in time before the
claim is closed.
I personally logged in evidence on May 16, 2014, that was
received by our regional office and date-stamped August 1,
2013. The claim had been closed months before, but because
this evidence had not been logged in, it had also not been
considered in the decision, which was a denial of benefits.
Things like this happen every day.
Now, we open a review claim that will not get worked for
months and, sometimes, a year or more. We have veterans that
are terminal and asking for aid and attendants, and you would
think that these claims, along with the older date of claims
of the homeless, would be worked first, but a lot of the
times, they are not.
If the regional office can do several easy claims, like
hearing loss, tinnitus, then they will do that because then
more claims are taken off the books, even though these may
not be the veterans with the most need.
So, there, you see manipulation of statistics, manipulation of timing, making the numbers look better, and not making the veterans feel better.
I hope that image is one that will stay with you, all who have seen this or will see this all across our country. Much more needs to be done, not just pretty words, not just press conferences, not we will look into it or that we will throw money at it.
Congress does stand prepared to ensure that there is adequate funding to do it right, but we also expect that the dollars that taxpayers send to the government are used wisely and efficiently and not for bonuses for people that are acting not just ineptly, but, I believe, corruptly.
It is time to stop rewarding this bad behavior with more accountability. Americans have seen these stories. These horror stories are demanding a fix for the veterans health care system and their benefits. We must also demand an end to the phony claims, phony numbers, decades of waiting. It isn't just ineptness or miscues or errors. Someone is very deliberate and, I think, worthy of prosecution as fraud.
I thank those VA employees who have been bold enough to step forward and let us know about what is going on in the backrooms behind the scenes. They are good employees who just want to see veterans served all across the country, so we want to hear more of these stories from anybody who might be watching or see this all across the country.
Contact your own Congressman, contact us, contact whoever will listen and seek remedies that mean something as we celebrate our fallen veterans this weekend. It isn't just about barbecues and skiing and picnics. Let's remember and honor these people.
The system is broken, but it doesn't have to be if we are willing to demand accountability and demand it immediately. That is what I am about, what my office will be about, my staff, but also many of my colleagues that either serve on the Veterans' Affairs Committee or don't.
We will continue to spotlight this and make sure that the stories are heard all across the country, and those who are doing this to our veterans, these criminal acts, ultimately will be held responsible.
So I thank the whistleblowers, those VA employees who do care. We know there are many, many of you and thank you for your effort. God bless our veterans who have suffered and are still waiting and know that you have allies in this place who will see this through and get you the service you deserve.
God bless you all. God bless America.
Mr. Speaker, I yield back the balance of my time.