STATEMENT OF
THE HONORABLE DANIEL L. COOPER
UNDER SECRETARY FOR BENEFITS
DEPARTMENT OF VETERANS AFFAIRS
BEFORE THE
SUBCOMMITTEE ON DISABILITY ASSISTANCE AND
MEMORIAL AFFAIRS
HOUSE COMMITTEE ON VETERANS' AFFAIRS
FEBRUARY 16, 2006
Mr. Chairman and members of the
subcommittee, it is my pleasure to be here today to discuss the
Department of Veterans Affairs (VA) fiscal year (FY) 2007 budget request
for the compensation and pension (C&P) programs.
The Veterans Benefits Administration (VBA) is responsible for
administering a wide range of benefits and services for veterans, their
families, and their survivors. At the heart of our mission are the
disability compensation and pension programs. VBA provides benefits and
services to over 3.5 million veterans and other beneficiaries currently
receiving compensation and pension benefits, as well as to hundreds of
thousands more who apply for VA disability and survivor benefits each
year. Our goal is to provide these benefits in a responsive, timely, and
compassionate manner in recognition of veterans’ service to our Nation.
Since 2000, VBA has experienced an unyielding increase in workload – in
claims receipts, claims complexity, and more direct contact with
increasing numbers of service members and veterans. Disability claims
from veterans, those returning from war as well as those from earlier
periods, increased by 36 percent from 2000 to 2005. This past year alone
VA added more than 250,000 new beneficiaries to the disability
compensation rolls. Our pending claims inventory has continued to rise
since reaching a low of 253,000 in September 2003.
VBA remains absolutely committed to delivering benefits and services to
eligible claimants in a timely, accurate, and compassionate manner. The
President’s 2007 Budget requests nearly $1.2 billion in discretionary
budget authority for VBA – a 10.8 percent increase over FY 2006 and over
60 percent more than the FY 2001 budget in effect when the President
took office. I plan to direct $1.02 billion of the FY 2007 discretionary
funds to the C&P program for staffing resources (9,445 full-time
employees (FTE)) and associated expenses as well as program and VBA-wide
initiatives ($10 million). The requested level of FTE is essential to
provide the level of service expected by our Nation for those who have
sacrificed so much in defense of our freedom. With a workforce that is
sufficiently supported and correctly balanced, VBA can successfully meet
the needs of our veterans, while also ensuring stewardship of taxpayer
funds.
The table below identifies VBA’s workload and FTE projections for FY
2007 based on FY 2005 actuals and FY 2006 projections. A more detailed
discussion of the projected workload and FTE requirements follows.
Projected Workload and
FTE Requirements 2005 2006 w/Special Outreach 2006 w/o Special Outreach
2007 w/Special Outreach 2007 w/o Special Outreach
VBA Total FTE 12,579 12,931 12,931 13,104 13,104
C&P Direct Labor FTE 7,547 7,911 7,911 7,863 7,863
Projected Increase in Receipts
(Over Previous FY) 2% 3% + 12% = 15% 3% 2% 2%
Receipts 788,298 *910,126 811,947 828,186 828,186
Year-end Inventory 346,292 417,852 319,673 396,834 298,655
Output per FTE ** 101 106 106 108 108
Production 763,464 838,566 838,566 849,204 849,204
Timeliness (Days) 167 185 165 182 151
Compensation Pending (Days) 122 150 122 141 114
* Projected 2006 receipts include an additional 98,179 claims projected
to be received as a result of special outreach required by the
conference report accompanying the 2006 Appropriations Act
** Note:: All direct FTE (including clerical, public contact, non-rating
claim processors, etc.) are used in this calculation.
2007 FTE Requirement
VBA is requesting 7,863 direct C&P FTE in FY 2007, which includes 151
FTE for burial benefits. The request is based on an assumed 2 percent
increase in claims receipts over 2006. This FTE level will allow VBA to
focus on improvements in the quality and timeliness of claims
processing, and reduce the inventory of pending claims. Although
processing disability claims constitutes our most visible workload
activity, management of the C&P workload includes several other major
but less visible activities. The C&P program’s other major workload
consists of appeals, account maintenance activities for beneficiaries
already receiving benefits, outreach, telephone and personal interview
activity, and guardianship duties. These workloads increase as
disability claim receipts and the number of beneficiaries on our rolls
increase, resulting in additional resource requirements.
Performance Projections
Based on a staffing level of 7,863 direct FTE, projected performance for
2007 is as follows:
849,204 rating decisions (108 ratings per direct FTE)
Over 2 million award actions of all types
6.8 million phone calls
More than 1 million personal interviews
Over 300,000 non-claim related pieces of correspondence
Approximately 75,000 fiduciary-related actions including field
examinations and account audits
350,000 anticipated service persons addressed in 8,400 briefings
73,000 hours of outreach (military, homeless, minority, POW, etc.)
End-of-year pending inventory of 396,834 claims
(2007 beginning-of-year inventory 417,852, plus projected claims of
828,186, less projected completed claims of 849,204)
The projected increase in the volume and complexity of the workload,
coupled with the impact of the special outreach required by section 228
of the Military Quality of Life and Veterans Affairs Appropriations Act,
2006, will have a significant impact on program performance in FY 2006
and 2007. The average days to process compensation and pension claims is
expected to increase from 167 days in 2005 to 185 days in 2006 and then
decrease slightly to 182 days in 2007. Likewise, the pending inventory
of disability claims is expected to rise from 346,292 at the end of 2005
to 417,852 in 2006 and fall to 396,834 by the end of 2007.
Outreach and Transition Services
VBA will continue the Seamless Transition program for service members
who are medically separated or retired. In this program, VBA works with
individual active duty personnel at the start of the military Medical
Evaluation Board and/or Physical Evaluation Board processes through
personal interviews at military treatment facilities and/or outpatient
facilities. We provide claims assistance, vocational rehabilitation, and
employment evaluations, and discuss eligibility for health care. As you
are aware, VA has created a joint VBA/Veterans Health Administration (VHA)
Seamless Transition Coordination Office to monitor and coordinate VA
efforts with respect to healthcare and benefits, with a focus on the
successful reintegration of seriously injured service persons into
civilian society.
VBA is committed to increasing our outreach efforts. We will continue
briefing separating and retiring service members about VA benefits and
services through military services programs including the formal
Transition Assistance Program co-sponsored by the Departments of Defense
(DoD) and Labor. Outreach efforts are also targeted to meet the needs of
returning National Guard members and reservists. Last year we conducted
almost 8,200 transition assistance briefings to over 326,000 separating
service members and returning Reserve and National Guard members. These
outreach efforts continue to result in significantly higher claims
rates. In 2004, the greatest increase in rating receipts was in original
claims – an increase of 17 percent. The 2005 increase in original claims
was an additional 8 percent over the prior year’s high rate, which
combines to a 25 percent increase over the last 2 years.
Separating military personnel also receive enhanced services through the
Benefits Delivery at Discharge (BDD) Program. On either a permanent or
itinerant basis, VBA staff members are stationed at 140 military
discharge points around the Nation and in Korea and Germany.
Additionally, VBA employees conduct transition assistance briefings in
Italy, England, Japan, Okinawa, and Spain.
Under the VA/DoD Joint Strategic Plan, a Memorandum of Agreement (MOA)
was signed on November 17, 2004, to create a Cooperative Separation
Process/Examination. This MOA allows service members to begin the VA
disability application process up to 180 days prior to separation from
service. If the military service requires an examination prior to
separation the service member receives a single examination using VA’s
protocols. This MOA supports VA efforts to facilitate the transition for
separating service members.
Mandated Special Outreach
Section 228 of the Military Quality of Life and Veterans Affairs
Appropriations Act, 2006, states “the Department of Veterans Affairs
shall conduct an information campaign in States with an average annual
disability compensation payment of less than $7,300 (according to the
report issued by the Department of Veterans Affairs Office of Inspector
General on May 19, 2005), to inform all veterans receiving disability
compensation, by direct mail, of the history of below average disability
compensation payments to veterans in such States, and to provide all
veterans in each such State, through broadcast or print advertising,
with the aforementioned historical information and instructions for
submitting new claims and requesting review of past disability claims
and ratings.” The states meeting the statutory criterion are
Connecticut, Illinois, Indiana, Michigan, New Jersey, and Ohio.
Based on our experience with prior targeted outreach endeavors, we
project VA will receive about 98,000 more claims directly related to
this outreach. In addition, we believe the number of appeals will
increase considerably based on requests to review past disability
claims, as well as veterans’ “rising expectations” for increased
benefits and retroactive effective dates. Telephone inquiries from and
personal interviews with veterans seeking additional information and
clarification regarding the outreach will also increase significantly.
VBA Customer Satisfaction Surveys have shown an average of three phone
calls are generated during the course of claims processing which would
possibly result in almost 300,000 additional telephone interviews due to
the special outreach effort mandated by statute.
As a result of VA’s public information campaigns and efforts to brief
service organizations, state directors of veterans affairs, and county
veterans service officers in the affected states, we believe that
veterans in other states will learn of this outreach effort through the
news media, veterans service organization publications, and family and
friends. We, therefore, anticipate that claims activity in the balance
of the country will increase as well.
Growth of Disability Claims Workload
The number of veterans filing initial disability compensation claims and
claims for increased benefits has increased substantially every year
since FY 2000. Disability claims from veterans who served in Afghanistan
and Iraq as well as from veterans of earlier periods of service
increased from 578,773 claims in FY 2000 to 788,298 claims in FY 2005.
This represents an increase of more than 209,000 claims in FY 2005, or
36 percent, over the claims received in FY 2000. It is expected that
these increases will continue over the next five years.
The most important factors leading to the sustained high levels of
claims activity are: Operations Iraqi and Enduring Freedom; an
increasing number of beneficiaries on the rolls, with resulting
additional claims for increased benefits; improved and expanded outreach
to active duty service members, guard and reserve personnel, survivors,
and veterans of earlier conflicts; and implementation of Combat Related
Special Compensation (CRSC) and Concurrent Disability and Retired Pay (CDRP)
programs by DoD.
Studies by VA indicate that historically the most significant indicator
of new claims activity is the size of the active force. Over 1.2 million
active duty service members, members of the National Guard, and
reservists have thus far been deployed to Afghanistan and Iraq. Over
400,000 have returned and been discharged. Veterans of the Gulf War Era,
which includes veterans who served in Afghanistan and Iraq, currently
comprise the second largest population receiving compensation and
pension benefits after Vietnam Era veterans.
The number of veterans receiving disability compensation has increased
by almost 300,000 since 2000 – in that year just over 2.3 million
veterans were receiving disability compensation compared to 2.6 million
on our rolls in 2005. Many compensation recipients suffer from chronic
progressive disabilities such as diabetes, mental illness, and
cardiovascular disabilities. As they age and their conditions
deteriorate, these claimants will continue to generate more claims for
increased benefits in the coming years. Reopened disability compensation
claims comprise nearly 60 percent of VBA’s disability claims receipts
and increase 2 to 3 percent each year.
CRSC, a benefit available from DoD for certain military retirees with
qualifying combat-related disabilities, became effective July 1, 2003,
and was later expanded effective January 1, 2004. Today more than 43,000
military retirees receive this benefit. This benefit and CDRP, another
DoD program that permits partial to total restoration of retired pay
previously waived to receive VA compensation, further contributes to
increased claims activity for VBA.
Complexity of Claims Processing Workload
The increase in “claims received” is not the only change impacting the
claims processing environment. The average veteran reports more
disabilities on each claim than was the case a decade ago. The
increasing complexity of the disabilities being claimed, and changes in
law and procedures, concomitant with the training required for our
workforce, pose challenges to the claims processing workload and the
timing of the various steps in an increasingly complicated process. The
trend toward increasingly complex and difficult-to-rate claims is
expected to continue for the foreseeable future.
The increase in complexity grows as the number of directly claimed
conditions increases. A number of variables, a primary one being the
need for multiple medical examinations, must be considered and
addressed. Multiple regulations, multiple sources of evidence, multiple
potential effective dates and presumptive periods, and preparation of
adequate Veterans Claims Assistance Act (VCAA) notice and rating
decisions, all increase proportionately and sometimes exponentially as
the number of claimed conditions increases. Additionally, as the number
of claimed conditions increases, the potential for secondary,
aggravated, and inferred issues increases as well. Since veterans are
able to appeal decisions on specific disabilities to the Board of
Veterans' Appeals (BVA) and the Court of Appeals for Veterans Claims
(Court), the increasing number of claimed conditions significantly
increases the potential for appeal.
VA’s experience since 2000 demonstrates that the trend of increasing
numbers of conditions claimed is system-wide, not just at special intake
locations such as BDD sites. The number of cases with eight or more
disabilities claimed increased from 21,814 in FY 2000 to 43,655 in FY
2005, a 100 percent increase over the 2000 base year and a 20 percent
increase over FY 2004.
Deployment of U.S. forces to combat zones and under-developed regions of
the world has resulted in new and complex disability claims based on
environmental and infectious risks, traumatic brain injuries, complex
combat injuries involving multiple body systems, concerns about
vaccinations, and other complicating factors. In addition, the aging of
the veteran population that is already service connected for diabetes
adds to the complexity of claimed disabilities. As veterans with
diabetes reach and move past the 10-year point since initial diagnosis,
additional secondary conditions tend to become manifest. VA is already
seeing increasingly complex medical cases involving neuropathies, vision
problems, cardio-vascular problems, and issues directly related to
diabetes. The increased complexity of the disabilities adds to the
growing complexity of our workload and increases the resources needed to
process it.
The number of veterans submitting claims for post-traumatic stress
disorder (PTSD) has grown at a greater rate than expected over the last
several years and contributes to the increased complexity in claims
processing. From FY 1999 through FY 2005, the number of veterans
receiving compensation for PTSD has increased from 120,000 to nearly
245,000. These cases present unique processing complexities because of
the evidentiary requirements to substantiate the event causing the
stress disorder.
The VCAA has significantly increased both the time and individual steps
required for claims development. VA’s notification and development
duties increased as a result of the VCAA, adding more steps to the
claims process and lengthening the time it takes to develop and decide a
claim. We are also now required to review the claims at more points in
the decision process. Mistakes due to a failure to address all issues or
an incomplete understanding of the claim when it was initially developed
have resulted in significant rework as well as remands from BVA and the
Court.
Appellate Workload
A significant portion of VBA’s workload results from appeals of regional
office decisions and subsequent remands by BVA and the Court. As overall
claim receipts increase, so do appellate workloads.
As VBA renders more disability decisions, a natural outcome of that
process is more appeals filed by veterans and survivors who disagree
with some part of the decision made in their case. Appeals of regional
office decisions and remands by BVA and the Court following appeal are
some of the most challenging types of cases to process because of their
complexity and the growing body of evidence necessary to process these
claims.
In July 2003, VBA created the Appeals Management Center (AMC) to manage
remands by BVA. We determined that the best way to manage remand
processing was to consolidate the responsibility to a single processing
center where resources and expertise could be concentrated. The AMC has
complete authority to develop remands, reach decisions based on
additional evidence gathered, and authorize the payment of benefits. If
the AMC is unable to grant an appeal in full, the appeal is recertified
to BVA for continuation of the appellate process.
Due the high volume of remands pending at the AMC after the first year
of operation, VBA and BVA undertook aggressive joint initiatives to
address the root causes of remands. These initiatives focused on
increased coordination of data collection, identification of trends,
training, and reduction of avoidable remands. These joint efforts are
proving successful. The remand rate for FY 2005 was 38.6 percent
compared to 56.8 percent in FY 2004. The goal is to reduce the remand
rate to 30 percent by the end of FY 2006. The timeliness of remand
processing has also improved from a high of 742 days in 2003 to 408 days
in 2005. In addition, we are working with the Veterans Health
Administration and BVA in the Compensation & Pension Examination Project
(CPEP), which will improve the quality and consistency of compensation
examinations and further reduce remands. These improvements positively
impact the appeals process and result in better service to veterans.
Program Highlights
VBA’s robust training program is key to improving the quality and
consistency of our decisions, and enabling VBA to be flexible and
responsive to changing workload volume. VBA is engaged in an ongoing
effort to improve its training systems, both for new employees and to
raise the skill levels of its existing staff. Improved quality and
consistency require resources dedicated to providing employees with more
and better training, up-to-date tools, and information technology
systems to support their decisions.
To that end, VBA has deployed new training tools, desk-top job aids, and
centralized training programs that support accurate and consistent
decision making. New hires receive comprehensive training and a
consistent foundation in claims processing principles through a national
centralized training program called “Challenge.” After the initial
centralized training, employees follow a national standardized training
curriculum (full lesson plans, handouts, student guides, instructor
guides, and slides for classroom instruction) available to all regional
offices. Standardized computer-based tools have been developed for
training decision-makers (53 modules completed and an additional 38 in
development). Training letters and satellite broadcasts on the proper
approach to rating complex issues are provided to field stations. In
addition, a mandatory cycle of training for all C&P business line staff
has been developed, consisting of an 80-hour curriculum annually.
VBA has also developed a skills certification instrument for assessing
the knowledge base of current and new Veteran Service Representatives (VSRs)
and plans to develop similar modules to test Rating VSRs, Decision
Review Officers, Field Examiners, and Pension Maintenance Center
employees. Skills certification will enable VBA to identify systemic
knowledge deficits through the testing process and use this information
to provide nationwide training.
Mr. Chairman, this concludes my testimony. In summary, the FY 2007
budget for VBA is a good one that will enable us to serve our Nation’s
veterans in a timely, accurate, and compassionate manner. I greatly
appreciate being here today and look forward to answering your
questions.
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