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UPDATE: VA OFFICIALLY ANNOUNCES POLICY TO
RE-OPEN
CLAIMS AFTER SHREDDER SCANDAL -- VA Secretary
Peake
says, "Benefit of doubt for vets, accountability
for VA staff."
VA Secretary James Peake
All stories regarding the VA's shredder and
document handling scandal can be found on this page... click here...
http://www.vawatchdog.org/VAshredderscandal.htm
Your comments accepted at bottom of page.
-------------------------
Editor's note by Larry Scott
The VA has officially responded to the shredder
incidents with a press release, and new website, detailing their policy
allowing some vets to re-open a claim.
First will be the press release.
And, second is the information from their website
(which, in usual VA fashion, will be taken down at some point in the
future, so we'll preserve it here).
NOTE: If none of this makes sense to you,
see yesterday's article about this and complete instructions on how to
re-open a claim. That article here...
http://www.vawatchdog.org/08/nf08/nfn
ov08/nf111708-1.htm
-------------------------
-------------------------
VA press release here...
http://www.vawatchdog.org/08/vap08/vap111708-1.htm
Press release below:
-----
VA Expands Protections for
Veterans with Missing Paperwork
November 17, 2008
Peake: Benefit of Doubt for Vets, Accountability for VA Staff
WASHINGTON – The Department of Veterans Affairs (VA) today announced
special procedures for processing claims from veterans, family members,
and survivors whose applications for financial benefits from VA may have
been mishandled by VA personnel.
These special procedures come after an audit by VA’s Inspector General
found documents waiting to be shredded at some of VA’s regional offices
that, if disposed of, could have affected the financial benefits awarded
to veterans and survivors.
“I am deeply concerned that improper actions by a few VA employees could
have caused any veterans to receive less than their full entitlement to
benefits earned by their service to our nation,” said Secretary of
Veterans Affairs Dr. James B. Peake.
“In rectifying this unacceptable lapse, VA will be guided by two
principles – full accountability for VA staff and ensuring veterans
receive the benefit of the doubt if receipt of a document by VA is in
question,” he added.
 VA
worked with the six largest veterans service organizations in developing
these special new procedures. The procedures will assist veterans and
survivors in establishing that an application or another document was
previously submitted to VA, but was not properly acted upon by VA and was
not retained in the veteran’s records.
The special procedures cover missing documents submitted by a veteran or
other applicant for VA benefits during the 18-month period between April
14, 2007 and October 14, 2008.
VA will process any missing applications
or evidence resubmitted under these special procedures as if the document
had been originally submitted on the date identified by the claimant.
Veterans and other applicants have one year, or until November 17, 2009,
to file previously submitted documents under these special procedures.
Veterans not covered by these special rules who believe relevant material
is missing from their files can submit additional documentation at any
time. An award of benefits earlier than April 14, 2007, may be established
if there is credible corroborating evidence supporting an earlier date of
document submission.
When this problem of mishandled documents was uncovered on October 14,
2008, VA immediately ceased all shredding activities while it established
tighter controls over all claims documents and conducted special training
for all employees who process veterans’ applications.
All regional office shredding equipment and operations are now under the
strict control of the facility records management officer. Every employee
has been given a separate receptacle for papers appropriate for shredding.
These receptacles are subject to review by supervisors and other
officials.
Before any claims document can be shredded now, it must now be reviewed by
two people and the facility records management officer.
VA’s Inspector General is continuing to investigate a small number of
cases where inappropriate shredding may be traceable to a specific
employee. Legal and disciplinary action will be initiated to hold
accountable any employee who has acted improperly.
Veterans and others who are concerned about missing documents and want
more information on the special processing procedures may call
1-800-827-1000 for assistance or go to our website at
http://www.vba.va.gov/VBA/specialprocedures_qa.asp.
They may also send an e-mail inquiry through
IRIS@va.gov or visit their local VA regional office.
VA representatives will review VA’s record systems to verify receipt of
applications and supporting evidence and will assist anyone desiring to
file a claim under the special processing procedures for missing
documents.
-------------------------
-------------------------
Here is the link to the VA's "shredder"
website...
http://www.vba.va.gov/VBA/specialprocedures_qa.asp
And the content is posted below (for
safekeeping):
-----
Benefits - Veterans Benefits Administration
Information About Document Shredding Incident
Questions and Answers About Document Shredding Incident
1. What happened?
An audit of mail processing procedures at four VA regional offices by VA's
Office of Inspector General (OIG) found 36 claims documents had been
inappropriately placed in shred bins for disposal. VA immediately ceased
all shredding activities while a nationwide review was conducted of all
documents in shred bins. Approximately 500 documents that could
potentially affect a claimant's entitlement to benefits were found
improperly placed in shred bins at various regional offices. These
regional offices are taking appropriate action on all of the documents
found.
2. What is VA doing to keep this from happening again?
VA has established tighter controls over all claims documents and
conducted special training for all employees who process veterans'
applications. All regional office shredding equipment and operations are
now under the strict control of the facility records management officer.
Every employee has been given a separate receptacle for all papers
determined appropriate for shredding. These receptacles are subject to
review by supervisory personnel and the records management officer. Before
any duplicate claims document can be shredded, it must now be reviewed by
two persons and the facility records management officer.
3. How do I know if any of my claims documents were destroyed?
You may contact VA on our toll-free number, 1-800-827-1000, or send an
inquiry through IRIS.VA.GOV. You may also review your claims folder at
your local regional office. VA electronically tracks documents for
currently pending claims and can verify receipt of your documents through
its tracking system. VA also retains your claims applications and
supporting documents in your VA claims file. Public contact
representatives will review VA's record systems to verify receipt of
applications and supporting evidence.
4. What is VA doing about missing documents?
VA has special new procedures to assist claimants in establishing that an
application or other claims document was previously submitted to VA, but
was not properly acted upon by VA or retained in the veterans' claim
record. The special procedures cover any missing documents submitted by a
veteran or other claimant during the 18-month period immediately preceding
the date VA ceased all shredding activities, or between April 14, 2007 and
October 14, 2008.
VA will process any missing applications or evidence resubmitted under
these special procedures as if they were received on the date originally
submitted, as identified by the claimant. Claimants have one year, or
until November 17, 2009, to file previously submitted documents under
these special rules.
5. If I believe that some of my documents are missing, what should I do?
If VA does not currently have one or more of the documents you submitted
between April 14, 2007 and October 14, 2008 in connection with your claim
for VA benefits, you should submit a request for consideration under VA's
Special Claims Handling Procedures for Missing Documents.
6. How do I submit a request for consideration under these special
procedures?
If you submitted an application or other supporting evidence between April
14, 2007 and October 14, 2008, and you believe VA does not have the
document, you should submit a request for consideration under VA's Special
Claims Handling Procedures for Missing Documents. Your request should be
made in writing and sent to your local regional office or through your
veterans service officer.
Your request should include the date the document was originally submitted
to VA. To support your statement, please include copies of any of the
missing documents, if available, such as a copy of your application form,
a dated transmittal or cover sheet from your veterans service officer, or
confirmation from the mail deliverer.
VA public contact representatives are available to assist anyone desiring
to file a claim under the Special Claims Handling Procedures for Missing
Documents. You may call our toll-free telephone line (1-800-827-1000) or
visit any of VA's regional offices for assistance.
7. What if I don't have a copy of the previously submitted document(s)?
If the missing document is a completed application form for VA benefits,
and you have not yet re-filed that application, you should complete
another application form and submit it with your request for consideration
under the Special Claims Handling Procedures for Missing Documents.
If you have already resubmitted your application form, but want VA to
consider that application from the earlier date of your original
submission, you should state that in your request for consideration under
the Special Claims Handling Procedures for Missing Documents.
If the missing document is a VA or private medical record or other
supporting evidence, please provide as much information as possible to
specifically identify the missing document. VA will assist you in
obtaining a duplicate copy.
8. What if I submitted my claim through my Veterans Service Officer?
If you think claims-related documents submitted through your
representative were lost, you should contact your representative to obtain
more information. If your representative has a copy of the evidence
previously submitted, you may submit that documentation along with your
request for consideration under VA's special claims handling procedures.
9. What if I have new evidence to submit?
If you have additional evidence related to your pending claim that you
have not previously submitted, please send that evidence to your local VA
regional office as soon as possible. VA will consider that evidence along
with all other evidence in making a decision on your claim.
10. How long do I have to submit a request for consideration under the
Special Claims Handling Procedures for Missing Documents?
You have until November 17, 2009 to submit previously submitted documents.
11. If VA determines I am entitled to benefits, will VA pay me from the
date I originally submitted the missing documents?
VA will process any missing applications or evidence resubmitted under
these special procedures as if they were received on the date originally
submitted, as long as the date of original submission is between April 14,
2007 and October 14, 2008.
12. What if the missing claim document was submitted before April 14,
2007?
To support your statement that you originally filed your claim before
April 14, 2007, please submit any documents you have that show you
previously submitted this claim, such as a copy of your claim with a VA
date stamp or date stamp of your representative, a dated transmittal or
cover sheet from your representative's office, or confirmation from a
deliverer of mail. We ask that, in addition to proof that you submitted a
claim previously, you submit copies of whatever documents you submitted
with that claim. If you did not retain copies of the documents that
accompanied the claim you previously submitted, please clearly describe
the documents. VA will consider your claim based on all evidence received,
including evidence already in your claims folder. Effective dates earlier
than April 14, 2007 may be established based upon receipt of credible
corroborating evidence supporting the earlier date of document submission.
13. How can I protect myself when I submit my claim/evidence in the
future?
You are encouraged to make a copy of your application and supporting
documents before submitting them to VA.
-------------------------
posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
-------------------------
-------------------------
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-------------------------
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