VA Regional OfficeAFGE LOCAL 520

PO BOX 1778COLUMBIA, SC 29202

January 26, 2014

Chairmen, Ranking Members, Members of the US House and Senate Committees of VeteransAffairs

/Dear Committee Members:

AFGE Local 520, the exclusive representative of the bargaining unit of VARO Columbia, SC,wants to address the most important element of the VBA transformation - people.

Here are a few quotes from the opening statement of Honorable Jeff Miller, Chairman,Committee on Veterans' Affairs. Hearing on 03/20/2013: Focusing on People: A Review ofVA's Plans for Employee Training, Accountability, and Workload Management to ImproveDisability Claims Processing

^ "Although much emphasis is placed on the process and technology components, Ibelieve that the "people" component may be the most important. There arethousands of men and women who, on a daily basis, work through the growingbacklog of claims and their efforts should not go unacknowledged. Nonetheless,the more people VA hires to process claims, the worse the department'sproductivity is.

S So, Under Secretary Hickey, we are here today to have an honest discussion aboutthe people who make up VBA - from file clerks to RO directors to VA centraloffice management, and on how you intend to transform this workforce throughbetter accountability and workload management practices.

S This is simply unacceptable, so again, we are here today to explore how thepeople who make up VA can prevent this scenario from happening... "

Here are a few quotes from the opening statement of the witness testimony of The HonorableAllison Hickey, Under Secretary for Benefits, Veterans Administration, U.S. Department ofVeterans Affairs. Hearing on 03/20/2013: Focusing on People: A Review ofVA's Plans forEmployee Training, Accountability, and Workload Management to Improve Disability ClaimsProcessing (emphasis added)

S We very deliberately put our employees - our people - at the forefront of ourtransformation plan, as they are the heart of our mission and absolutely critical toachieving the Secretary's goal of completing all claims in 125 days at 98 percentaccuracy in 2015. Our dedicated employees, 52 percent of whom are Veterans

themselves, have embraced our transformation efforts and are the key to oursuccess. In order to have the best-trained, most efficient, and highly skilledworkforce, we focused our "people" initiatives on strengthening the expertise ofour workforce - changing the way we are organized and our employees aretrained to do the work.

S . . . . We appreciate the budgetary support provided by the Committee inrecent years that allowed us to increase staffing.

A Freedom of Information Act (FOIA) request reveals these numbers regarding the number ofFTEs assigned to all VBA field stations' Veterans Service Center (VSC) and the ResourcesCenter (RC) comparing the beginning of FY11 (October 1, 2010) and FY14 ending December14,2013.

VSCRCTOT

FY1111,079.0

272.911,351.9

FY149,292.01,050.6

10,342.6

DIFF(1,787.0)

777.7(1,009.3)

A comparison shows that FTEs were shifted from the VSCs to the RCs. However, there was stilla decrease of 1,009.3 FTEs for VBA field stations.

The build-up of RCs was to support the brokering of claims (a cover up of ineffective leadershipor understaffing at VAROs) from one VARO to another.

Excerpts from the article, Want to know why Wilmington's VA compensation case backlog keepsgrowing? So would we, Delwareonline, January 24, 2014, will add context to the failure andconfusion of "brokering" and VBA's response to the question, (emphasis added)

>• "Today marks the 38th day since I asked the Dept. of Veterans Affairs inWashington, D.C., for an on-the-record official to discuss why disabilitycompensation cases were being transferred from Baltimore and Philadelphia toWilmington and other northeast Veterans Benefits Administration offices lastyear, increasing Wilmington's backlog - which continues to grow despite anoverall national trend in the opposite direction.

> On Dec. 17, a VA public affairs officer in Washington offered me an off-the-record background briefing on the issue. That means I couldn't quote anythingsaid. More to the point, it meant that I might learn a lot but that VA was not goingto offer up an official to publicly account for the growing backlog at Wilmington.

>• Agencies in Washington love to offer background to reporters, who will oftentake it in the absence of nothing to give their readers. Backgrounders, however,lack the credibility the words gain coming from an identifiable public officialfrom an agency.

> In VA's case, it's the height of arrogance - and a lack of responsiveness that isan insult to every veteran left waiting at Wilmington.

> Last summer, VA told me that a major reason for the growth at Wilmington wasthat 774 cases were "brokered" - government-speak for transferring cases fromone VBA to another - to Wilmington from Baltimore (262) and Philadelphia (512)during fiscal year 2013. (I was also told by the Philadelphia Regional Office that300 cases with pending appeals were sent to Philadelphia because Wilmingtonlacked a proper review officer.) According to e-mails provided by thePhiladelphia Regional Office, Baltimore brokered cases to five other VBA officesas well. Its backlog fell between March 30 and mid-November from 15,661 to6,608."

> It's apparent that VA doesn't want to talk about this.> My most recent query on the backlog issue topic was sent to VA in Washington

Nov. 19. That got an immediate reply: "We'll find out." On Nov. 25,1 was sentsome background on the practice of brokering and a promise that "we're checkingnow to see who could be available to talk." On Dec. 3,1 asked again for thatinterview. On Dec. 17,1 was sent a note with an apology for not getting back tome "last week," and the background briefing offer. I countered that I wanted anaccountable official who could talk on the record.

The frustration of reporter Bill McMichael not receiving information from VA should not be anysurprise to the Committees. However, AFGE Local 520 would like to provide this information.

The FOIA request shows that Wilmington VSC lost 4.9 FTEs between FY11 to FY14.

Wilmington DE 24.9 20.0 (4.9)

Moreover, it also shows that Philadelphia VSC lost 67.9 FTEs between FY 11 to FY14, but itsRC gained 58.1 FTEs. Furthermore, it shows the Baltimore VSC lost 31.2 FTEs.

Philadelphia PABaltimore MD

287.9 ;152.8

220.0 !121.6 :

(67.9)(31.2)

24.0 82.1 ! 58.1

Therefore, brokering claims to Wilmington make no business sense and taking FTEs from theVSCs to staff RCs makes even less business sense.

There has been so much talk about the increase of staffing at the VBA. However, the FOIArequest shows a different picture. Here is a more detailed account by Areas and VAROs.

Eastern AreaBaltimore MDBoston MABuffalo NYCleveland OH

VSCFY112,129.2

152.8104.0106.6287.7

VSCFY141,704.8

121.6102.194.5

228.2

DIFF(424.4)(31.2)(1.9)

(12.1)(59.5)

RCFY11

41.00.00.00.00.0

RCFY14

244.6... ;

59.6 !

DIFF203.6

0.00.00.0

59.6

Detroit MIHartford CTIndianapolis INManchester NHNew York NYNewark NJPhiladelphia PAPittsburgh PAProvidence RITogus MEWhite River Jet. VTWilmington DE

Southern AreaAtlanta GAColumbia SCHuntington WVJackson MSLouisville KYMontgomery ALNashville TNRoanoke VASan Juan PRSt. Petersburg FLWashington DCWinston Salem NC

Central AreaChicago ILDes Moines IAFargo NDHouston TXLincoln NELittle Rock ARMilwaukee WIMuskogee OKNew Orleans LASioux Falls SDSt. Louis MOSt. Paul MNWaco TXWichita KS

Western Area

181.388.0

176.436.0

168.989.9

287.9144.8135.0123.022.024.9

3,405.8322.5375.5109.6193.4177.1230.2345.3300.2122.2786.3

9.0434.5

2,964.6185.0105.040.0

380.1137.1171.8221.3311.6145.047.0

227.2272.8631.8

88.92,449.4

180.959.0

159.031.0

156.175.0

220.093.472.371.020.7;20.0

2,936.8414.0240.1

89.3150.8156/T202.4283.0261.1110.8638.0

8.0^383.3

2^13.2155.077.236.0

387.2101.4142 A133.3181.5130.242.8

195.0179.7476.6

75.0 :

2,124.8

4

(0.4)(29.0)(17.4)(5.0)

(12.8)(14.9)(67.9)(51.4)(62.7)(52.0)(1.3)(4.9)

(469.0)91.5

(135.4)(20.3)(42.6)(21.0)(27.8)(62.3)(39.1)(11.4)

(148.3)(1.0)

(51.3)(651.5)(30.0)(27.8)(4.0)

7.1(35.7)(29.4)(88.0)

(130.1)(14.9)(4.2)

(32.2)(93.1)

(155.2)(13.9)

(324.6)

0.00.00.00.00.00.0

24.00.00.0

17.00.00.0

124.80.0

39.065.80.00.00.00.00.00.0

20.00.00.0

54.90.00.00.00.00.00.00.0

27.00.00.0

27.90.00.00.0

24.0...

...

82.1

78.9...

232.1

62.376.1

33.2

60.5...

446.2...

61.9

134.0

48.0 i34.7 i

167.6 !

52.2 112.6

0.024.00.00.00.00.0

58.10.00.0

61.90.00.0

107.30.0

23.310.30.00.00.00.0

33.20.0

40.50.00.0

391.30.00.00.00.0

61.90.00.0

107.00.00.0

20.134.7

167.60.0

60.4

Albuquerque NMAnchorage AKBoise IDDenver COFt. Harrison MTHonolulu HILos Angeles CAManila RPOakland CAPhoenix AZPortland ORReno NVSalt Lake City UTSan Diego CASeattle WA

77.036.059.5

195.149.864.0

189.184.0

233.1220.9184.879.9

198.6334.0443.6

70.732.959.7

_203.655.066.4

210.776.0

252.2210.5164.(F69.4

134.7263.5255.5

(6.3)(3.1)

0.28.55.22.4

21.6(8.0)19.1

. (10.4)(20.8)(10.6)(63.9)(70.5)

(188.1)

0.00.00.00.00.00.00.00.00.00.00.00.00.0

41.211.0

...

...

...

...

48.6...

64.0

There has been also much talk about the digitization of records to increase productivity. TheBenefits Delivery at Discharge records have been digitized since 2008. Therefore, claimsprocessors have been using digitized records to process BDD claims since that time.Furthermore, the number of FTEs has increased from 226.8 FY 11 to 371.5 in FY14.

BDD FY BDD11 FY14 DIFF

Eastern AreaPittsburgh PA

Southern AreaWinston Salem NC

Central AreaSt. Louis MO

Western AreaSalt Lake City UTSan Diego CATOTAL

0.00.0

107.9i 107.9

6.06.0

112.941.962.0

225.9

9.09.0

228.9228.9 ;

10.010.0 :

123.6110.6

13.0 i371.5

9.0

121.0121.0

4.04.0

10.768.7

(49.0)144.7

0.00.00.00.00.00.00.00.00.0

48.60.00.00.0

22.80.0

Despite the digitization of records and increase in staffing, MMWR as of January 18, 2014shows that there are 11,106 claims pending; the average days pending is 123.0; the over 125days is 42.7% and the average days to complete FY to date is 207.8. Moreover, with thedrawdown of Afghanistan breathing upon VBA's neck and only 371.5 FTEs, these claims willincrease and the work will be shifted to some other place that cannot handle the workload.

As a footnote, Quick Start Claims which are handled by Winston-Salem and San Diego BDDsites, shows that there are 7625 claims pending; the average days pending is 104.2; the over 125days is 31.2% and the average days to complete FY to date is 149.4.

Most importantly, the VBA's goal of these programs is to deliver benefits at discharge andeliminate these claims from bleeding into the regular inventory. Furthermore, these claims arenot accounted for in the Compensation Rating and Pension Bundle.

AFGE Local 520 would like to discuss the issue of people on a micro-level using VAROColumbia as an example of the staffing problem that is created by VBA not defining thepositions required by each VARO and allowing VAROs to make their own staffingdeterminations. Moreover, this was addressed over a decade ago.

VBA's Claims Process Improvement Task Team Report dated November 30, 2001 states,

"The most effective way to measure performance is to ensure effective measurementsystems are in place. To be effective, those systems must be measuring the same things.This cannot happen if each RO is allowed to organize the claims process differently fromother ROs and create, post and fill positions different from those used in other ROs.Uniformity in decision-making and standardization in RO organizational structure aremusts ".

"Any deviation from the model (other than those specifically indicated in theimplementation plan, including (but not limited to) changes in position description,creation of additional positions or changes to grade structure should only be permittedbased upon a specific request to the Under Secretary. Continuous monitoring of theprocess must include meaningful site visits on a regular basis."

Of course, this policy was implemented in words only. For example, for over a decade, theColumbia VARO used Veterans Service Representatives (GS10 & 1 Is) as fulltime GS5&6Claims Assistants while denying GS4 Veterans-employees and some with college degrees theopportunity to advance. Here is confirmation.

• VARO 319 Memorandum dated September 13,2002, Director Carl Hawkins, stated,o "3. OFO has informed each office that the CPI Task Force Report is a guideline.

... According to OFO, management is not required to place into effect all or anyof these positions and should be based upon the local office's needs and staffinglevels.

o 4. On August 21, 2002, we again received confirmation from OFO that theClaims Assistant and Super Senior positions should be filled as local resourcespermit and at the station's discretion. Discussions with many other directorsindicate their plans are consistent with Columbia's.

o 6. With regard to the Claims Assistant position, we are staffed with sufficientVSRs to perform CAPS maintenance and other duties described in that positiondescription."

However, this email was received after the VARO Memorandum.

• Email Subject: CPI and Directors Flexibility, dated October 4, 2002, from MikeWalcoff, VBAVACO's which he stated, "Where the CPI models calls for Sr. Authorizerand Claims Assistant positions, stations will be required to fill them. We are gettingTables of Organization from every station and will review their staffing."

After this email, the VSC's organizational chart was changed to reflect 9 Claims Assistantpositions and the 5 Senior Veterans Representative positions. However, only one of the ClaimsAssistant positions was filled and the other Claims Assistant positions were removed as ofDecember 15,2004.

The greater issue is this violation of the staffing policy for the Claims Assistant position wasreported to the former and current VA Chain of Command to include the VA Secretary andPresidential staffers. However, it was allowed to continue. As a footnote, if VA treats its ownVeteran-employees this way, does anyone believe they are concern about our Nation Veterans?

Furthermore, they are currently 9 Veterans Service Representatives (GS10 & 1 Is) who havebeen denied the opportunity to hone their skills and use those skills to process claims accordingto their position description.

When four Senior VSR GS12 employees retired in 2008 and 2009, their positions were notbackfilled. Therefore, it deprived senior certified VSR GS1 Is the opportunity to advance andprovide the necessary training and guidance needed for junior VSRs.

Despite the fact the MMWR as of January 18, 2014 shows that nonrating end products haveclimbed to a record 10,020 with 6635 (66.8%) over 125 days, the nonrating team is staffed with8 employees, one GS13 Coach, and one GS12 Assistant Coach.

There are only 4 Decision Review Officers DRO to conduct De Novo reviews, certify claims toBVA, and conduct local hearings. Furthermore, they spend mandatory overtime working regularclaims inventory.

As a footnote, the VARO Columbia office was given this recommendation in December 2001,during a VBA Compensation and Pension site visit.

"Recommendation 1 - Columbia has too many appeals and remands. Greater emphasisneeds to be placed on reducing the appellate workload on station, especially the remands.Division management should fill three more DRO slots..."

There were two DRO positions in December 2001. A third was added in February 2002 after thesite visit. In early 2006, two additional temporary positions were posted and filled. However,they were terminated in May 2006. In December 2006, another permanent DRO was filled.

Another permanent DRO position was added in 2008. There were a total of five DRO positionsfilled by 2008. Now, there are only four DROs.

AFGE Local 520 records show that there were 3201 appeals pending in August 2002. TheMMWR, as of June 3, 2006, shows that there were 3221 pending appeals. The MMWR, as ofJune 2,2007, shows that there were 2837. The MMWR, as of June 5,2010, shows that therewere 3326. The MMWR, as of January 18, 2014, shows that the pending appeals inventory havereached 7545.

Here is a little context and the reason a standardization of Table of Organization is needed at theVBA. A VBA FOIA response as of November 15,2010 for the number of DROs and FTEs bystations produced this information.

Duty Station

355 - San Juan Regional Office

319 - Columbia Regional Office

304 - Providence Regional Office

308 - Hartford Regional Office

452 - Wichita RO

358 - Manila Regional Office

Tot DROs

7

5

4

4

4

4

FTEs149.28318.86

149108.2

108141

AFGE Local 520 has an appeal pending with the VA General Counsel because VBA has failedto provide the information regarding a FOIA request for a by name listing of various positions inthe VBA by station.

It is totally indigenous for VBA to declare they care about Veterans when a VARO is allowed tounderstaff the Appeal teams for Veterans who have been waiting the longest. Furthermore, theynot only allowed it to be understaffed, but mandated the shifting of its limited resources to workregular claims.

However, despite the decrease in the VSC's FTE, it is staffed with four Assistant VeteransCenter Managers (GS14s), 12 Supervisory VSRs GS13s, 6 Supervisory VSRs GS12s and oneFile Supervisor GS6. One of the GS12s is the Assistant Coach of Training, a position that wasrecently created due to an apparent performance issue at the Supervisory VSR GS13 level.

There are 137 Veterans Service Representatives and 86 Rating Veterans Service Representativesassigned to VARO Columbia.

The following numbers show the FY11 to FY14 FTEs.

Columbia SC

vsc vscFY11 FY14 DIFF

375.5 I 240.1 I (135.4)RC11 RC14 DIFF

39.0 i 62.3 i 23.3

AFGE Local 520 submitted a FOIA request for the organization chart for all VAROs and wassurprised that OFO does not keep a copy of them. Therefore, one must conclude that howVAROs are staffed is not a concern to the VBA. How can VBA measure performance withoutensuring that VAROs are staffed properly?

As previously stated, this was addressed by VBA over a decade ago. This is one reason VBAhas to broker claims and changed the MMWR again. The MMWR has been changed 3rd time inless than a year (effective dates: July 15, 2013, October 21, 2013, and January 16, 2014). Now,there is a distinction between the Station of Origination (SOO) and a Station of Jurisdiction(SOJ).

This concept of a National queue sounds good in theory, but will only allow the continued poorstaffing of VAROs, a lack of accountability of VBA and VARO leadership, and place severestress on any VARO that is really performing their jobs well.

The understaffing of VAROs is one reason that the VBA has spent of 153,297,189 milliondollars on overtime since FY12 and is a major contributor to the unmanageable workload below.

Pending Over 125 Days

Original Entitlement - VeteransOriginal Entitlement - Survivors

Supplemental EntitlementAward Adjustments

Program ReviewsCompensation Other

Total Appeals Pending

204,2168,012

421,739411,26473,905

173,291267,669

122,867

2,338256,689293,25658,285

97,467

830,902

60.29.60.71.7856

17%18%86%31%.9%.2%

TOTAL COMPENSATION VAROs 1,560,096Original Entitlement

Pension Award AdjustmentsProgram Reviews

Pension OtherTotal Burials PendingTotal Accrued Pending

48,14271,53834,9935,625

45,01315,063

23,33128,28534,5012,730

48.46%399848

.5%

.6%

.5%

88,847

TOTAL PENSION PMCs 220,3741,780,470 919,749

It is imperative that VAROs are staffed properly with a sufficient numbers of Veterans ServiceRepresentatives, Rating Veterans Service Representatives, and Decision Review Officers.Moreover, they must be trained and utilized to do the job they are getting paid to do.

When the OFO does not maintain and review the Table of Organization of VAROs, how canthey ensure that there is a sufficient number of employees in the correct positions to processclaims timely and accurately?

The problems of VBA are not only processes and technology, but the most critical element of theclaims process - trained employees and in sufficient numbers to be efficient.

AFGE Local 520 knows the end goal of the VBA's technology and that is to eliminateemployees. Employees can accept the fact that competent technology will reduce the number ofemployees needed to do the job. However, this future does not exist in VBA now.

Therefore, VBA must provide what is needed now to sustain and improve the claims process.Moreover, if it is not provided now, Veterans and their survivors, employees, and taxpayers willcontinue to pay an irrevocable price.

AFGE Local 520 will continue to safeguard the public interest and contribute to the effectiveconduct of public business as required by law.

Therefore, we will continue to chime in weekly on this most critical subject with objectiveevidence" because Veterans have earned the right to have a claims processing system that worksfor o//pf them and employees can only effectively serve them if they are provided with theleadership, processes, people systems and workplace culture that are conducive to providingtimely and accurate decisions.

Finally, as administrator for the agency after World War II, Bradley said: "We are dealing withVeterans, not procedures; with their problems, not ours."

CF:President ObamaVA Secretary ShinsekiPresident AFGEPresident NVAC60 Minutes

Ronald RobinsonPresident(803) 647-2385 (Ofc)(803) 239-7682 (Cell)rbnsnrnld@yahoo.comwww.seniorvsr.comEmployees Putting Veterans 1s

NY TimesWashington PostCenter for Investigative ReportingThe Washington ExaminerVA Watchdog

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