Category Archives: Veterans Affairs

An Activist Judge’s Pseudo-Concurrence

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The 4th Circuit overruled a District Court judge’s injunction barring the Trump administration from shutting down USAID and allowed the closure to go forward (and the SecState Marco Rubio promptly announced the closure and elimination of USAID effective 1 July).

What interests me, though, is what Circuit Judge Roger Gregory wrote in his “concurrence.” He opened insisting that President Donald Trump (R) had

We may never know how many lives will be lost or cut short by the Defendants’ decision to abruptly cancel billions of dollars in congressionally appropriated foreign aid. We may never know the lasting effect of Defendants’ actions on our national aspirations and goals.
But those are not the questions before the Court today. The question before us is whether Defendants have satisfied their burden for a stay of the district courts injunction pending their appeal to this Court[.]
…
I do, therefore, think that the Executive branch has unconstitutionally invaded the role of the Legislature, upsetting the separation of powers.

Those aren’t the questions before this court, so we have no business addressing them here. But I’m gonna go ahead and do that, anyway, because I gotta have my hype and manufactured hysteria on the record.

Then he closed with this, to give effect to his hype [citations omitted]:

…the Executive has taken many likely unconstitutional actions that, collectively, dismantled an agency, rather than just a single action, does not mean the court cannot render those actions invalid. The sheer number of illegal actions taken necessitates relief that consists of “vast and detailed actions,” to adequately redress the harms caused by the illegal shutdown of a government agency. Rather than “micromanag[ing]” the Executive, the [District] Court was simply attempting to remedy each of the likely illegal actions.
The judiciary is limited to the cases and controversies before it. These Plaintiffs, suing these Defendants, cannot obtain the relief that they seek.

This is the activist judge instructing the plaintiffs in the course of action through which to pursue their own obstruction. This is an activist judge prejudging a future case, and thereby violating his oath of office. This is a judge who insults our judicial system by his presence in it.

The 4th Circuit’s ruling can be read here.

A Gordian Knot Solution

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I have called, often, for the dissolution of the Department of Veterans Affairs on the basis of that agency’s, and now department’s, poor-to-nonexistent quality-level care for our nation’s veterans.

Now we get this. It’s from the end of the Biden administration, but this sort of thing is not unique to that one.

The inspector general report published Thursday confirms that a $2.9 billion supplemental request went unused because the agency failed to account for “prior-year recoveries” in its budget planning. Had the agency taken into account those recovered funds, the inspector general found, its projections “would have shown a reduced risk of a shortfall by year-end.”

And this, more generally:

The OIG review team found that Veteran’s Benefits Administration wasn’t consistently overspending in FY 2024 for either compensation and pension or readjustment benefits accounts, which were the subject of the budget request. “Realized prior-year recoveries,” which are “unspent deobligated funds,” weren’t included in the agency’s calculations, which contributed to the erroneous predictions.
“Had the realized prior-year recoveries been included in the calculations throughout the year, the monthly funding status reports would have shown a reduced risk of a shortfall by the end of the fiscal year,” the watchdog concluded.

Current VA Secretary Doug Collins has inherited this situation and the permeating VA internal culture; he has this:

It’s just a very, a department that is so bureaucratically bogged down that it has trouble doing its main mission, and that is taking care of veterans, and that’s why we’re actually working very hard to streamline processes, to get better help in place, and to have budgets and numbers that we can be accurate

To an extent, I disagree with Collins. It’s not worth the time, effort, money, or other resources to try to untangle this financial mess. It’s time for the Gordian Knot solution. Just get rid of the VA altogether, and convert the department’s current and putative future budgets to vouchers which our veterans can use to visit the doctors, clinics, and hospitals they choose and from which they’ll be able routinely to get timely care. Transfer the VA’s veteran housing mortgage facilities to HUD for execution.

Veteranos Administratio delende est.

The Veterans Administration Fails Again

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A 22-year USAF veteran has nightmares, the attitude, withdrawal as a result of his experiences while deployed to a plethora of foreign locales. [Emphasis added.]

[H]is wife begged him to get help from the local Veterans Affairs medical facility in West Palm Beach, Florida. [The veteran] said he tried, but after many years and multiple VA therapists who could not see him on a regular basis, he decided to pay out-of-pocket for private care. He would like the VA to pay for his therapy through community care—a program designed for eligible veterans to receive care from a community provider when the VA cannot provide the care needed.

Nor is he alone in this strait. It’s getting worse, too. Now,

the West Palm Beach VA Healthcare System is no longer approving their requests for community care, cutting them off from their longtime mental health providers, with potentially devastating results.

And

Congressman Brian Mast (R, FL), a former Army bomb technician who lost both his legs and a finger in Afghanistan, represents the Palm Beach area in Florida’s 21st Congressional District. He said his office has been contacted by over 70 veterans, relatives, and mental health providers who have complained that the VA will no longer refer patients to community care.

OF course, the VA denies that, claiming to have hired many more doctors and expanded facilities. Never mind the facts provided by our veterans in that district, who know empirically otherwise.

The veterans who spoke to Fox News Digital dispute the VA’s view of its quality of care. [The veteran cited at the top of this post] described how his previous attempts to see a VA psychiatrist were “counterproductive” and “ridiculous.” In a “typical interaction,” the VA would tell him, “we’re going to have somebody call you. This is the date and time,” he said. “Nobody calls.”
When he went back to schedule another appointment, the same thing would happen.
“You’re telling me I missed the appointment, I said. But nobody called me. I have no number to call. This was the norm. It was always a lot of deflection to where I just say, this is beyond ridiculous,” he said.

Even Mast has been denied effective care by the VA at least once.

Mast related that he had to see his primary care doctor, a physical therapist, and a lab technician before VA approved him to receive a new cane—with two-week intervals between each appointment.
“That was the bureaucratic process for getting a guy with no legs a cane,” he said.

Just one more reason why

Veteranos Administratio delende est.

Long Past its Use-By Date

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The Department of Veterans Affairs Inspector General Office has found problems in the VA’s process for vetting the contractors it hires. The IG’s audit findings include these (not an exhaustive list by me):

  • 47 of 50 contract files (94 percent) did not include position designation records that established the position investigative requirements for the contract
  • 34 of 50 contracts (68 percent) did not include contract language to communicate contractor vetting requirements to the contractor
  • 215 of the 286 contractor employees reviewed (about 75 percent) did not have evidence of completed fingerprint checks
  • 225 of the 286 contractor employees (about 79 percent) did not have evidence that a background investigation was completed by an investigative service provider

And this kicker [emphasis added]:

[T]he team’s review of a contract for unarmed security guards at the St. Cloud VA Medical Center in Minnesota determined that officials did not vet any of the 73 contractor employees, 38 of whom (about 52 percent) had criminal records. The criminal records included arrests and convictions ranging from petty misdemeanors to felonies such as disorderly conduct, domestic abuse, physical and sexual assault, financial card fraud, and terroristic threats. During the performance of the contract, VA police, St. Cloud officials, and the VA OIG were notified about improper behavior by the unvetted contractor employees, including stalking female VA and contractor employees, sexually harassing and assaulting other employees, getting into altercations at the medical center that required police intervention, and bragging to coworkers about being a gang member.

With that failure rate, does the VA actually have a vetting process, or is it just a few sheets of paper the department heads use for…decoration?

Further according to the IG’s audit, VA officials did not comply with executive orders, federal regulations, or VA’s policies for vetting contractor employees. Apparently, it’s not only that last regarding vetting, but VA officials are insubordinate and routinely ignore existing law and the orders of their boss, the President. Given these persons’ routine disregard of the other items, it’s not clear to me that the VA has any policies with which to not comply.

In any event, it’s long past time.

Veteranos Administratio delende est.

The full IG report can be read here.

A Department of Veterans Affairs Fail

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Yet another in an appallingly long list of Veterans Affairs fails.

This time it’s the VA’s conscious decision to deprecate, if not outright ignore, our nation’s veterans and to give priority access to limited resources to illegal aliens instead. Yes, yes, they signed a contract with ICE to do this, but they were not forced to do so. Here’s Senator Marsha Blackburn (R, TN):

We checked this week; it is up to one million claims for healthcare and benefits. As we were doing some oversight work of the VA, we realized that what they were doing was using some of their resources and their money to allow veterans—to approve veterans for community care—and to process claims, or to approve community care, for illegal immigrants, not for veterans, and then also to process claims for illegal immigrants.

And

When you’ve got a backlog of a million veterans that are waiting to get healthcare, and are waiting to get benefit answers, and you find out that money that should be being used to solve their situations is being used for illegal immigrants…it is absolutely maddening[.]

Indeed.

Veteranos Administratio delende est.