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JANUARY 26, 2014 |
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Oakland VA Claims - an engineered disaster |
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appearances:
January 5, 2014
January 26, 2014 |
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Our Guest:
Anthony Silveria |
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Anthony Silveria is a
Former Marine military police/disabled veteran employee removed
from employment by director for reporting harassment,
discrimination based on disability, increased surveillance, and
hostile work environment. Whistle blower and NO FEAR act not
protecting disabled veterans from harassment for going out sick
per doctors’ orders for incapacitating episodes due to
exacerbation of disabilities by hostile work environment.
Military service background and accomplishments:
Anthony's credentials:
United States Marine Corps (1990-1999)
Military Police, K-9 (Military Working Dog), SWAT (Special
Weapons Assault Team)
Accident Investigator, DOD (Department of Defense) Instructor,
Manager of MWD Kennels
Military Awards and accolades:
Joint Service Commendation Medal, Navy and Marine Corps
Commendation Medal, Navy and Marine Corps Achievement Medal, Air
Force Achievement Medal, Good Conduct Medal 3rd Award, Navy and
Marine Corps Unit Citation, Air Force Outstanding Unit Ribbon,
National Defense Medal, Certificate of Recognition 3rd Award,
Meritorious Mast 4th Award, Certificate of Appreciation 5th
Award, Certificate of Achievement, Secretary of the Navy Letter
of Commendation, and Letter of Appreciation 19th Award (DD214)
US Marine Corps Meritorious promotions:
Private First Class (Squad Leader throughout boot camp) June 2,
1990
Lance Corporal (#1 Graduate, Military Working Dog [MWD] Detector
Course) January 15, 1991
Corporal (Won meritorious selection board, but promoted by time
in grade) December 1, 1992
Sergeant (Meritorious Promotion through board selection at the
base level, Marine of the Year, Marine Corps Air Station,
Kaneohe Bay, Hawaii) August 2, 1993
Superior Physical Performance Award April 6, 1993 and June 1,
1993
Provided personal protection of the Presidents of the United
States; President Bush Senior and President Clinton, Vice
President of the United States Gore, and other foreign and
domestic dignitaries of various diplomatic affiliation
SWAT School, Honor team (#1 Graduating team), Special Reaction
Team, and Fort McClellan, Alabama February 7, 1992
7th Annual Police Canine Competition at Schofield Barracks,
awarded: 1st place Overall Top Dog, 4th place Narcotics
Detection, 4th place Obedience, 2nd place Scouting, 1st place
Controlled Aggression with MWD Rex 279C (Top Kennel Awarded to
Marine Corps Air Station Kaneohe Bay, Hawaii) 1993
Military Policeman of the Quarter, Provost Marshall’s Office,
Headquarters & Headquarters Squadron, Marine Corps Air Station,
Kaneohe Bay, Hawaii June 30, 1993
Marine of the Month, Headquarters & Headquarters Squadron,
Marine Corps Air Station, Kaneohe Bay, Hawaii June 30, 1992
Marine of the Quarter, Marine Corps Air Station, Kaneohe Bay,
Hawaii October 23, 1992
Noncommissioned Officer of the Month, Headquarters Squadron,
Marine Corps Air Station, Kaneohe Bay, Hawaii June 30, 1993
Noncommissioned Officer of the Quarter, Headquarters Squadron,
Marine Corps Air Station, Kaneohe Bay, Hawaii June 30, 1993
Top Honor Graduate, Sergeants Leadership Course, Kaneohe Bay,
Hawaii, 1993.
Planned and performed over 200 MWD demonstrations for
Congressional Staffers, Foreign Dignitaries, and charitable
civilian organizations as Assistant NCOIC for Military Working
Dog Demonstration Team, 341st Training Squadron, 37th Training
Group, 37th Training Wing, Lackland Air Force Base 1994 – 1996
K-9 Instructor and trainer for Joint Task Force 6, Mission
JT650-97, in support of Virgin Islands Police Department,
located a Kilo of Cocaine onboard a civilian vessel, March –
April 1997.
US Marine Corps Team Sports Experience:
Football – All Marine Team, Kaneohe Bay – 1992
All Marine Team, Camp Pendleton – 1998 and 1999
Volleyball – Base champion, Lackland Air Force Base – 1996
(Coach and player)
Department of Veterans Affairs performance awards and last
performance appraisal:
1. Performance award, 12/10/10, exceptional performance.
2. Performance award, 5/18/11, exceptional performance.
3. Performance award, 6/21/12, exceptional performance.
4. Most recent Performance appraisal dated December 3, 2012,
Performance appraisal states I am fully successful in all areas
except for Cooperation and Organizational Support. Immediate
supervisor explained why I was exceptional, stating, “Mr.
Silveria meets the exceptional level for performance for
Cooperation and Organization Support because he is fully
supportive. As a member of the Innovation Team and a new RVSR,
he participated in several initiatives to assist the office in
resolving the claims that were pending the longest and readily
suggestions for improvement in processes/procedures as he
identified areas where improvement was needed. Mr. Silveria also
remained flexible as the workload of the Innovation Team
increased in both volume and complexity as necessitated by the
workload for the RO.” |
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Here are some
of the topics we will be discussing today on the program:
1. Veterans are not aware of the benefits they are entitled to
receive or how to properly apply for those benefits according to
the constantly changing VA process. The laws have not changed as
much as the process has changed in the past 5 years. The VA
keeps making changes to the process without consulting or
informing Veterans.
a. Decisions made to change the Veteran’s claims process are not
tested or forecasted based on factual data creating constant
change that is not needed and causing more confusion for the
employees and Veterans.
b. Once you understand what you have to submit VA changes the
requirements for no observable reason; the result further
convolutes the claims process. Example: Disability Benefits
Questionnaires (DBQs) were implemented to make the process
easier. In practice, these DBQ evaluations are not recognized,
therefore doctors opinions are not being honored per the Code of
Federal Regulations (CFR). Specifically 38 CFR Part 3 and 4.
2. The VBMS computer system is a flop. It is down most of the
time and there are thousands of unassociated documents that are
related to claims. These unmatched remnants are often the pieces
of the puzzle causing claim delays and denials for lack of
evidence.
3. The constant shift in claims inventory does not reflect the
accurate numbers. Completing a partial rating on a claim and
deferring issues to be worked if the Veteran responds while the
claim is being sent to be scanned in at a scan site is not
reflective of “working down the backlog” rather doing a little
now and shifting the inventory to an untracked status and hoping
the Veterans don’t reply or read their paperwork is devious. It
is not helping the Veterans or remotely honest business. It
does, however, allow the VA to show improvement in process time
and lower numbers in aging of claims.
4. The VA should make sure the claim is completed correctly the
first time! If there is a need to defer a condition, that claim
should be diligently completed, not made into a non-tracked EP
(End Product - used to identify claims in the system). EP 930s
are copious and there are claims going back 2 years, yet there
are reports from the VA that the back log has been worked. How
is that possible if there are claims (non-rating board) that are
over 2 years old are still in the system? How is the backlog
worked down if the appeals are growing? Shifting inventory!
5. Appeals and reworked claims are growing due to the
“provisional” ratings and other pilot programs that were not
well thought out. It creates further confusion and continues to
mask the problem of claim delays and claim aging for purposes of
tracking. This is why the successful production numbers touted
by the VA do not match the experience of the Veterans or the
County Veteran Service Offices who assist them.
a. Exam results are being changed. I (Tony) had my personal
hearing loss/tinnitus medical opinion changed without an
explanation. The file was sent back to the doctor after the exam
and first opinion was already rendered. The first opinion of the
doctor was in my favor. After the file went back to the doctor
for a different opinion it returned with the exact opposite
opinion. MEDICAL EXAMS SHOULD NOT BE COERCED! Now I have to
reapply for the disability benefit and have to do so within one
year of the notification letter or I lose my date of claim. This
means I would not get benefits (or back pay) going back to the
date I first claimed the condition. Unless I continuously
prosecute my claim, aka ask what is going on with my claim
and/or keep the appeal in the correct process without more than
a one year gap in communication the original date of claim is
forfeited. I am now required to try and prove that the original
exam was correct and attempt to fix this forced “error”; it
could take years to do this. It is a perfect example of what is
clogging up the system with a claim that should have been done
correctly the first time. Taking up time that could be used to
work another Veteran’s claim…creating a backlog and adding more
time to the process every time this happens.
6. Laws, rules and regulations are not being adhered to and are
causing a hostile work environment. Employees are not productive
in this type of environment as demonstrated by a high turnover
rate and the recent increase in PIPs (Performance Improvement
Plans) for recently released trainees who have not been properly
trained. We have lost many highly qualified and stellar
employees due to the poorly managed office. Even though we have
reported the problems in many different ways to several
different agencies, the problems are covered up by the managers
in a dishonest manner, causing more problems each and every
time. Employees under duress from hostile co-workers, bad
management, practices that ultimately hurt the Veterans they are
supposed to serve all contribute to a very hostile work
environment.
7. Management has created a culture of bullying, coercion, and
harassment of anyone who states that there is ANY type of
problem.
8. Brokering claims (sending them to be worked at other centers)
that are currently in the process at the regional office (RO)
rather than brokering new claims that have not had any work done
creates needless delays. It is counterproductive to have the
same claims reviewed repeatedly for status and then the same
actions taken at two different locations by two different
employees.
9. Records are sent out to be scanned from paper to electronic
form. This process typically takes about 15 days. The scan sites
are not providing accurate scan numbers. There is a batch of
claims from March 2013 through May 2013 that are missing. They
are not at the scan site and yet it has been over 10 months.
Where are these files?
10. Repeat Compensation & Pension (C&P) exams are being ordered
for minor medical opinions requiring the Veterans to attend
several extra exams.
11. Do a Google search for “May 10, 2012, VA Office of the
Inspector General, Oakland Regional Office results”. Problems
reported by the VA OIG regarding the VA Oakland RO in May 2012.
Some are covered in the following:
a. Proper mail control has been a constant problem; the
documents sent in from the Veterans are not being put under
control, timely or at all in some instances.
12. There has been mandatory overtime for Veterans Service
Representatives (VSR), Rating Veterans Service Representative (RVSR)
and Decision Review Officers (DRO) level employees for the past
four years at the Oakland VA. The Resource Allocation Model
(RAM) indicates this is necessary but it comes from the Central
Office (headquarters for the VA) and is really just the result
of poor management.
13. Employees have questions during training and those questions
have been put in a “question parking lot” to never be answered
or broached again. Then the employee is held accountable to make
sense of the unanswered question and apply the information to
the work at hand.
14. There is a marked difference between the National training
on the regulations and US Code and the regional office way of
interpreting the information. There should be no difference!
This causes confusion when the trainees begin to work actual
claims. It causes errors and forces the Veterans to repeatedly
seek the benefits they are entitled due to the improper or lack
of proper training.
15. Abuse of authority causes problems in the work environment
and affects the production daily, monthly and annually.
Management bullying of specific individuals who speak up or try
to organize the union for necessary meetings regarding the
morale, prohibited personal practices, or problems with the
brokering of claims, or thousands of suddenly “found” claims.
Management is able to quash all attempts by employees to reach
out for help.
16. There is a dramatic misuse of resources. Employees are
assigned to work specific claims that are not in order of
priority. Claims are chosen based on the numbers the management
wants to achieve.
17. Waste of funds for VBMS (computer system) and poorly planned
scanning as well as other failed programs that are not properly
planned before they are implemented. Examples: $150 Million for
VMBS and $52 Million for a first contract development project
that flopped.
18. Reasonable accommodations not provided to disabled Veterans
or civilians in some cases and in all cases accommodations are
not provided in a timely manner (always beyond 30 days). The
need for the reasonable accommodations and the lack of the
accommodations effects employee morale and production. This
translates into a bigger backlog and longer claims process.
19. There is NO means for conflict resolution. All avenues are
blocked by management, the EEO program manager, the HR liaison
and the union which creates an environment that is in constant
conflict. Prohibited Personnel Practices effect production and
the overall work environment. Please google “Prohibited
Personnel Practices”.
Related news articles:
• The National News, USA Today Weekend, January 17-19, 2014 “Up
to 48,000 Afghan, Iraq Vets Homeless” Gregg Zoroya, USA Today
(Homeless Vets grown from 15000 in 2011 to 46000 in 2013)
• SF Chronicle (SFGATE.com), Thursday, December 20, 2012,
“Veterans die waiting for benefits” Aaron Glantz, Center for
Investigative Reporting
• The Sacramento Bee (sacbee.com), Monday, May 21, 2012, “AFGE
Calls for Improved Management and Increased Resources to Address
the VA’s Disability Claims Backlog” American Federation of
Government Employees (AFGE) employee union
• The Washington Examiner (washingtonexaminer.com), February 4,
2013, “Veterans Administration IG says new computer system (VBMS)
riddled with gremlins” Mark Flatten, The Washington Examiner’s
Watchdog investigative reporting team.
• The Washington Examiner (washingtonexaminer.com), February 26,
2013, “Bipartisan agreement on VA firings needed to speed up
vets claims processing” Mark Flatten, The Washington Examiner’s
Watchdog investigative reporting team.
• Contra Costa Times and San Jose Mercury News, April 16, 2013,
“Veteran’s claims for benefits delayed by crushing VA back log”
Gary Peterson, Contra Costa Times and Mark Emmons, San Jose
Mercury News
• Contra Costa Times and San Jose Mercury News, April 16, 2013,
“VA Backlog by the Numbers” Gary Peterson, Contra Costa Times
and Mark Emmons, San Jose Mercury News
• Contra Costa Times and San Jose Mercury News, April 16, 2013,
“The War of Waiting” Gary Peterson, Contra Costa Times and Mark
Emmons, San Jose Mercury News
• Oakland Tribune Contra Costa Times (InsideBayArea.com) April
23, 2013, “Ex-VA employees await hearings on harassment,
wrongful termination claims” Angela Hill, Oakland Tribune Contra
Costa Times
• 60 Minutes, Spotlights Incompetence in the VA, by Roger Shuler
Follow, Sunday January 3, 2010
• Bay Area Reporter, July 6, 2009, “Women complain of anti-gay
harassment at Oakland VA” Matthew S. Bajko, Bay Area Reporter |
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