by Sarah Schauerte
Fifteen years ago, Bill Clinton amused millions with his carefully worded phrase, “it all depends on what the meaning of the word ‘is,’ is.” Well, this year the Department of Veterans Affairs (VA) is trying a similar shtick. Only in this situation, no one’s laughing.
A few months ago, the VA announced its initiative to end its disability claims backlog. This included giving priority to older claims and requiring claims adjusters to work overtime. This was in response to the heated criticism levied by organizations and individuals across the board, including highly publicized stories about veterans facing foreclosure, bankruptcy, and even committing suicide while waiting to receive their benefits.
“We’re taking care of it,” the VA claimed. “No more backlog. Full speed ahead!”
Here’s what a lot of people don’t know. The VA defines “backlog” as any claim where an initial decision has not been reached within 125 days . The VA disability claims backlog does not include any claim where a denial has been rendered, and the veteran is waiting in one of two lines: for review by his Regional Office, or for his claim to make its way up to the Board of Veterans’ Appeals. It also does not include aid and attendance claims, spousal claims, and claims for increases or total disability based on individual unemployability (TDIU).
When the VA began its initiative, the disability backlog had reached over 600,00 claims, with over 900,000 total claims pending in the system. Now the backlog has decreased by over 36.5%. That’s a great statistic to release to the public, but the fact of the matter is that the focus on the backlog has diverted resources to resolve the hundreds of thousands of claims that are not categorized as “initial” claims for purposes of the backlog. For example, in a recent call to the Roanoke Regional Office, I was told that it is now taking approximately one year to resolve a claim for total disability based on individual unemployability, and two years to resolve an appeal once a notice of disagreement is received. The wait times were considerably lower prior to the commencement of the backlog initiative.
In general, while the VA disability claims backlog initiative is a positive development, the statistics released are misleading because they don’t shine the light on the bigger picture. Pending initial claims are going down, but the line for the appeals process is growing longer.
There’s also the point that the focus on quantity may come at the cost of quality. Those veterans join the long appeals queue.
Also, research by veterans organizations such as the Iraq and Afghanistan Veterans of America (IAVA) show that the backlog initiative is falling short of its long-term mission. The VA is unable to determine which elements of its backlog initiative are working (and which aren’t), and there isn’t a concrete plan for further progress after 2015. In fact, IAVA compiled a report that: defines the VA disability compensation system and its backlog; considers the challenges to the VA disability compensation system; and provides recommendations on how to move the system forward to prevent future backlogs. I highly recommend that every veteran or veteran family member in the claims process read this report. Not only does it suggest recommendations with “teeth” for ending the backlog, but it provides extremely helpful information related to the claims process. This includes relevant statistics and a comprehensive overview of the timeline.
Reducing the backlog by 36.5% sounds impressive. But this progress doesn’t help the veterans who are in the appeals process, waiting for compensation they need to maintain a quality of life. And with so many soldiers leaving the military and filing claims, claims adjusters will continue to be overburdened. IAVA is right. For the VA’s initiative to truly make an impact, mechanisms for a long-term solution must be in place. The question is whether the VA is capable or equipped to implement such mechanisms.
Access IAVA’s report on the VA disability claims backlog online at: http://issuu.com/iava/docs/2014battletoendthevabacklog_print.
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