On Veterans Day, Trump Laments Passing Whistleblower Law Meant to Improve VA: ‘To Think I Signed!’

On Veterans Day, President Donald Trump lamented passing a whistleblower law meant to increase protections for employees who uncovered wrongdoing in the Department of Veterans Affairs.

“To think I signed the Whistleblower Protection Act!” Trump said Monday, stepping on an announcement from the White House twitter account praising Trump’s accomplishments for veterans.

The actual Whistleblower Protection Act was passed in 1998, but Trump has passed at least two laws related to whistleblower protections, according to a review of the congressional record.

The White House tweet is apparently referring to the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, which was sponsored by GOP Sen. Marco Rubio. The law passed the Senate via voice vote.

The law established a new special office in the VA to protect whistleblowers from retaliation and makes it easier to fire employees accused of misconduct. However, an Inspector General report released late last month found the office had largely failed in its mission to protect whistleblowers and conducted corrupt investigations.

Trump also signed the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 into law, which is named for a VA doctor who was ousted and later killed himself after he blew the whistle on the over-prescription of opiates at his VA facility.

[Mediaite]

Trump administration breaks campaign promise, purges 200,000 VA healthcare applications

“The current state of the Department of Veterans Affairs is absolutely unacceptable,” presidential candidate Donald Trump said when speaking at a rally on Oct. 31, 2015, in front of the retired battleship USS Wisconsin in Norfolk, Va.

“Over 300,000 — and this is hard to believe, and it’s actually much more than that now — over 300,000 veterans died waiting for care,” said Trump.

Trump’s strong condemnation of the Obama administration’s handling of the backlog of hundreds of thousands of veteran benefits claims made him the overwhelming choice for many veteran voters in 2016.

But after two years in the White House, the Trump administration has decided to execute a plan to purge 200,000 applications for VA healthcare caused by known administrative errors within VA’s enrollment process and enrollment system — problems that had already been documented by the Office of the Inspector General in 2015 and 2017.

In purging this massive backlog of applications, the VA is declaring the applications to be incomplete due to errors by the applicants, despite the OIG findings and in violation of the promise Trump made to fix the system. This purge has the dual effect of letting the VA avoid the work of processing the applications and absolving the agency of any responsibility for veterans’ delayed access to health and disability benefits.

Under the supervision of Dr. Richard Stone, the executive in charge of the Veterans Health Administration, VHA managers last November instructed the agency’s IT staff members to purge over 200,000 pending healthcare applications.

Such a profound decision to deny veterans benefits should have to come from someone higher up — the president or the Secretary of Veterans Affairs — not from a career bureaucrat who has not been elected or confirmed by the Senate.

This purge flies in the face of previous guidance provided by lawmakers. On March 3, 2017, Senate and House Veterans Affairs committee members sent a joint letter to the VA, instructing the agency to delay its plans to purge these records. The committees wanted the VA to send new letters to veterans, informing them of their application status and potential equitable relief or financial reimbursement for service-connected health expenses caused by enrollment system errors, as prescribed by law.

Currently, VA is skirting this provision of the law by blaming veteran applicants for the agency’s own mistakes processing health and disability claims. As a result, to win benefits wrongfully denied due to VA’s administrative errors, veterans are forced to go to court and pay legal fees out of whatever benefits they ultimately win.

The Trump administration’s decision opens the door to the agency purging any future backlog of veteran claims for benefits by falsely declaring the applications incomplete due to veteran error.

This is the second time the VA has been caught using its IT department to adjudicate benefits for veterans. In January 2017, the IT department auto-enrolled over 70,000 Iraq and Afghanistan combat veterans whose applications had erroneously been held up until they could meet a “means test” — that is, prove their income level. This mass-approval of applications was done in preparation for then-Under Secretary David Shulkin’s confirmation hearing.

They did this without bothering to fix the systemic error that required proof of income from combat veterans, who aren’t required to provide it. As a result, there are still more than 20,000 Iraq and Afghanistan combat veterans being denied healthcare benefits due to an erroneous means-test requirement.

Moreover, the means test error in the enrollment system not only affects veteran access to healthcare benefits, but it also causes billing errors for thousands of veterans each year.

The Veterans Health Administration’s Member Services office, which manages the enrollment system, had to reexamine over 6,000 veteran income verification cases, because veterans were overbilled for medical copays ranging from $200 to $3,000. About 1,000 veterans are believed to receive fraudulent bills from the VA every month due to this known system error.

Despite being aware of these systemic issues for years, VA has not initiated an outreach campaign to educate the veteran community about what to do if their application is in a pending status or if they get a fraudulent bill due to missing means-test information.

Instead, the agency has chosen a policy of sending a single notification letter for pending applications, despite knowing that 25% of the letters mailed to veterans are returned or placed on hold due to bad address information in the enrollment system.

Iraq and Afghanistan combat veterans routinely have incorrect address information in the enrollment system because they do not have permanent non-military addresses at the time of enrollment during the demobilization process.

The VA could resolve this problem through its data-sharing agreement with the Internal Revenue Service and Social Security Administration, to get current addresses for veterans in the pending backlog. But unfortunately for veterans, it is the VA’s practice to use information from the IRS and SSA only for the purposes of billing and verifying veterans’ dates of death.

All of these issues could be easily fixed. This is why President Trump’s reversal on this issue is so disappointing to the veteran community. Many veterans are asking why the enrollment system was not included in the President’s VA information technology modernization plan.

As a result, 200,000 applications have been purged, violating Trump’s promise. Currently, over 300,000 additional veteran healthcare applications remain in a pending status and will most likely be purged in the near future.

In the absence of executive leadership from the White House, veterans will continue to be denied access to their healthcare benefits at a rate of nearly 5,000 new pending healthcare applications per month.

[Washington Examiner]

Trump Takes Credit For VA Choice Program Passed in 2014

TRUMP, describing how veterans used to wait weeks and months for a VA appointment: “For the veterans, we passed VA Choice. … (Now) they immediately go outside, find a good local doctor, get themselves fixed up and we pay the bill.”

THE FACTS: No, veterans still must wait for weeks for a medical appointment.

While it’s true the VA recently announced plans to expand eligibility for veterans in the Veterans Choice program, it remains limited due in part to uncertain money and longer waits.

The program currently allows veterans to see doctors outside the VA system if they must wait more than 30 days for an appointment or drive more than 40 miles to a VA facility. Under new rules to take effect in June, veterans will have that option for a private doctor if their VA wait is only 20 days (28 for specialty care) or their drive is only 30 minutes.

But the expanded Choice eligibility may do little to provide immediate help.

That’s because veterans often must wait even longer for an appointment in the private sector. In 2018, 34 percent of all VA appointments were with outside physicians, down from 36 percent in 2017. Then-Secretary David Shulkin said VA care was “often 40 percent better in terms of wait times” compared with the private sector.

[Tampa Bay Times]

Reality

Thanks Obama!

Don’t condemn white nationalists, Veterans Affairs’ diversity chief was told after Charlottesville, emails show

A top White House appointee at the Department of Veterans Affairs sought to silence the agency’s chief diversity officer, who — in the aftermath of last year’s racially charged violence in Charlottesville — pushed for a forceful condemnation that was at odds with President Trump’s response, newly disclosed emails show.

The tense exchange between Georgia Coffey, a nationally recognized expert in workplace diversity and race relations, and John Ullyot, who remains VA’s chief communications official, occurred during a low point in Trump’s presidency: when he blamed “many sides” for the deadly clash in Charlottesville without singling out the white nationalists and neo-Nazis who rallied there.

One woman was killed and dozens were injured in the August 2017 protest, which began over the city’s plan to remove a statue of Confederate Gen. Robert E. Lee from a local park and ended when a car plowed into a crowd of anti-racism protesters.

VA’s secretary at the time, David Shulkin, made headlines that week when he appeared to break with Trump, telling reporters the violence in Charlottesville “outraged” him. Coffey, a career senior executive at VA, pressed the agency’s leaders to issue a statement making it clear that VA stood against such a “repugnant display of hate and bigotry by white supremacists, neo-Nazis, and the Ku Klux Klan,” according to the emails.

The emails were provided to The Washington Post by the nonprofit watchdog group American Oversight, which obtained them via the Freedom of Information Act. The correspondence sheds new light on the politically delicate decisions federal agencies faced as officials sought to balance the need to address employee concerns with a desire not to upset the White House.

A statement from VA leaders was necessary, Coffey wrote in one email to Ullyot, because the agency’s workforce was unsettled by the uproar caused by the Charlottesville violence. Minorities make up more than 40 percent of VA’s 380,000 employees, the federal government’s second-largest agency.

Ullyot told Coffey to stand down, the emails show. A person familiar with their dispute, who spoke on the condition of anonymity, told The Post that Ullyot was enforcing a directive from the White House, where officials were scrambling to contain the fallout from Trump’s comments, and they did not want government officials to call further attention to the controversy.

VA spokesman Curt Cashour said the agency received no such guidance from the White House.

Coffey, who declined to comment, retired from VA shortly after the dust-up, frustrated with what she felt was a lack of support from the Trump administration, according to her former colleagues. She now works as senior manager for diversity and inclusion at Lockheed Martin.

Ullyot, a seasoned media professional who worked on Trump’s campaign, is VA’s assistant secretary for public and intergovernmental affairs. His exchange with Coffey was respectful, and he noted that he was acting at Shulkin’s direction, according to his emails. Shulkin, whom Trump forced out of the Cabinet post in March, and other officials were copied on the messages.

At VA, the fallout from Charlottesville remains a sensitive subject. In response to a request seeking comment for this report, VA’s current secretary, Robert Wilkie, issued a statement affirming that “John Ullyot is on the VA team because he is committed to veterans and has spent a lifetime of exceptional service as a Marine and public servant.”

Ullyot referred questions to VA’s public affairs office.

On Aug. 17, days after the Charlottesville violence, Coffey — then deputy assistant secretary for diversity and inclusion — emailed public affairs. She shared a draft of her statement and accompanying remarks, and requested help disseminating it to employees and the public.

Her remarks said the incident served “as a tragic reminder that our work in civil rights and inclusion is not finished.” She called on VA employees to be mindful of federal anti-discrimination policies and the agency’s commitment to diversity and inclusion.

The response from a staffer in public affairs said, “John Ullyot does not want to post the message, as the Secretary previously made statements in the news media on this topic earlier this week.”

In an emotional statement the day before, at Trump’s private golf club in Bedminster, N.J., Shulkin said he gave “my personal opinions as an American and as a Jewish American. . . . And for me in particular, I think in learning history, that we know that staying silent on these issues is simply not acceptable.”

Other top administration officials echoed his sentiments.

Coffey urged expediency, telling Ullyot that she had sent the statement to Shulkin and his chief of staff for their review, according to their email exchange.

Ullyot then indicated that after consulting with Shulkin, the secretary said that “we should all feel free to share our own personal views on the recent events . . . as he did.’’ Ullyot wanted to remove the statement’s more incendiary language but told Coffey she could keep the part that reminded employees of VA’s “strong commitment” to equal employment opportunity and diversity, their emails show.

Coffey told Ullyot that she worried his edits would “dilute my message and fail to convey the sense of condemnation that I hope we all feel,” the emails show. She offered to remove Shulkin’s name from the statement, but Ullyot told her that he and Shulkin had agreed not to use it.

Shulkin said in an interview that he does not recall his conversations with Ullyot about how VA should respond to the incident. “I’ve been pretty public about my opinions on the Charlottesville events . . . and of course I think all Americans should express their views,” he said.

Coffey’s staff worried that she would get in trouble if she disregarded Ullyot’s guidance, according to other emails obtained through the Freedom of Information Act by the Project on Government Oversight, a watchdog group that first publicized the episode last year. The staff suggested that she should tone down her remarks, but Coffey declined. She posted the full remarks under her name in the monthly newsletter posted online by VA’s diversity office. Agency officials removed it and reprimanded her. She retired soon after.

Cashour said Shulkin had “dictated explicitly to John how he wanted this particular issue handled.” The secretary, Cashour said, was “adamant that VA employees keep their personal views on the Charlottesville issue out of official VA communications, as Shulkin had done himself in public comments two days beforehand. John was simply ensuring that Coffey understood and followed Shulkin’s guidance.”

The agency has grappled with issues surrounding race in recent years.

VA has long had an Office on Diversity and Inclusion to help improve race relations internally, and during the Obama administration appointed a senior official to travel around the country to set up conversations on race. The official, John Fuller, retired last year, citing a lack of support from the Trump administration.

In October, a senior official in VA’s Office of Small and Disadvantaged Business Utilization was forced to remove a portrait of Nathan Bedford Forrest, a Confederate general and the Ku Klux Klan’s first grand wizard, from his office in Washington after offending employees. The official said he was unaware of Forrest’s affiliation with the hate group.

The same month, VA took down a placard outside a conference room in the same office that employees had named for Stonewall Jackson, another Confederate general. Cashour said officials were unaware the room had been named for Jackson and blamed a contractor employed by VA and the contractor’s supervisor. The contractor was instructed to take down the placard but had failed to do so, Cashour said.

[Washington Post]

New emails show Trump’s unqualified Mar-a-Lago buddies are influencing VA policies

A new batch of emails obtained by Pro Publica show that three members of President Donald Trump’s Mar-a-Lago resort are influencing contract and budget decisions at the Department of Veterans Affairs — despite being completely unqualified to do so.

The emails show that the three Mar-a-Lago members — Marvel Entertainment chairman Ike Perlmutter, West Palm Beach physician Bruce Moskowitz and lawyer Marc Sherman — were involved in “some of the agency’s most consequential matters, most notably a multibillion-dollar effort to overhaul electronic health records for millions of veterans,” Pro Publica writes.

According to Pro Publica, the trio reviewed a draft of a $10 billion contract to overhaul the VA’s electronic medical records system, and they were listed among 40 different outside “experts” consulted for the contract despite lacking “any relevant expertise.”

Additionally, the emails show that Moskowitz used his position as an adviser to get the VA to adopt his mobile medical app, even though IT officials at the VA said that the app had serious functionality problems. In fact, one email shows that a VA IT official believed that “some of the code needs to be refactored and even rebuilt” for the app to work properly.

Moskowitz even recruited his son, Aaron Moskowitz, to pitch the benefits of the app during a conference between the VA and Apple CEO Tim Cook. Apple experts similarly pushed back on Moskowitz’s mobile app and said that “the national databases needed to make the app accurate didn’t exist,” Pro Publica writes.

[Raw Story]

Trump admin official displayed a portrait of the KKK’s first grand wizard because he thought it was ‘nice’

A senior Veterans Affairs official displayed a portrait of Confederate general and KKK grand wizard Nathan Bedford Forrest prominently in his taxpayer-funded office — and claimed he didn’t know about the figure’s sordid past.

The Washington Post reported that David J. Thomas Sr., the deputy executive director of VA’s Office of Small and Disadvantaged Business Utilization, had the portrait hanging with a spotlight on it in his office until he was informed of Forrest’s history.

“It was just a beautiful print that I had purchased, and I thought it was very nice,” Thomas said, noting that he thought of Forrest “as a southern general in the Civil War” and nothing more.

He claimed that the portrait titled “No Surrender” had been languishing in his basement until he moved to a larger office a few months ago. Michelle Gardner-Ince, a manager who reports to the deputy executive director, disputed his account and said it was in his previous office since at least 2015.

“Racial tensions have flared between Thomas and several of his employees, at least three of whom have pending claims of racial discrimination against him,” the report noted. “An attorney representing two of these employees said the portrait is evidence that Thomas is not comfortable around African Americans.”

Gardner-Ince, a program manager who has a pending case against Thomas before the Equal Employment Opportunity Commission, was the person directed to install the spotlight onto the portrait.

None of the employees with pending cases against Thomas recognized the significance of the Forrest portrait until last week, the report noted, when a union steward recognized the first Ku Klux Klan grand wizard depicted in it and was “aghast.”

The local VA chapter of the American Federation of Government Employees has since circulated a petition demanding the portrait’s removal to present to Secretary Robert Wilkie. Although it was taken down, AFGE Local 17 president Douglas Massey told the Post that Thomas’ claim to not know about Forrest’s history was “hard to believe.”

The report also noted that nine of the 14 managers who report to Thomas are black.

[Raw Story]

Trump promises to get back to work and stop obsessing over ‘Rigged Russia Witch Hunt’

President Donald Trump offered a false apology Tuesday morning and promised to stop obsessing over the special counsel investigation — after tweeting four times about the probe in one hour.

The president accused “Angry Democrats” of “meddling” in the upcoming midterm elections with a sprawling investigation of his 2016 presidential campaign’s ties to Russia and other foreign governments, which has resulted in five guilty pleas and 17 indictments.

He tweeted twice more about the investigation before promising to get back to work.

“Sorry, I’ve got to start focusing my energy on North Korea Nuclear, bad Trade Deals, VA Choice, the Economy, rebuilding the Military, and so much more, and not on the Rigged Russia Witch Hunt that should be investigating Clinton/Russia/FBI/Justice/Obama/Comey/Lynch etc.,” the president tweeted.

[Raw Story]

Pence’s doctor resigns after reports of concerns about Jackson’s conduct

The White House physician assigned to Vice President Mike Pence, Jennifer Pena, has resigned, his office told CNN in a statement Friday. Pena worked in the White House Medical Unit.

“The vice president’s office was informed today by the White House Medical Unit of the resignation. Physicians assigned to the vice president report to the White House Medical Unit and thus any resignation would go entirely through the Medical Unit, not the vice president’s office,” Alyssa Farah, Pence’s press secretary, said in a statement to CNN.

This comes after CNN reported Tuesday that Pence’s doctor privately raised alarms within the White House last fall that President Donald Trump’s doctor Ronny Jackson may have violated federal privacy protections for a key patient — Pence’s wife, Karen — and intimidated the vice president’s doctor during angry confrontations over the episode.

A White House official later told CNN they felt Pence’s doctor had misrepresented the extent of Jackson’s actions.

Trump nominated Jackson to lead the Department of Veterans Affairs, but Jackson withdrew his nomination last week amid burgeoning allegations of professional misconduct.

“The allegations against me are completely false and fabricated,” Jackson said in a statement. “If they had any merit, I would not have been selected, promoted and entrusted to serve in such a sensitive and important role as physician to three presidents over the past 12 years.”

Though he returned to the White House Medical Unit, Jackson is no longer Trump’s attending physician.

According to copies of internal documents obtained by CNN, Pence’s doctor accused Jackson of overstepping his authority and inappropriately intervening in a medical situation involving the second lady as well as potentially violating federal privacy rights by briefing White House staff and disclosing details to other medical providers — but not appropriately consulting with the vice president’s physician.

The vice president’s physician later wrote in a memo of feeling intimidated by an irate Jackson during a confrontation over the physician’s concerns. The physician informed White House officials of being treated unprofessionally, describing a pattern of behavior from Jackson that made the physician “uncomfortable” and even consider resigning from the position.

Farah, press secretary for the vice president, said Pence’s physician “brought the issue to Mr. Ayers, who appropriately referred the matter to the proper channels.”

Current and former coworkers accused Jackson of abusive behavior and professional misconduct in interviews with Democratic staff on the Senate Veterans’ Affairs Committee, which sources briefed on the matter say has investigated those episodes as well as the one involving Karen Pence. The Senate Armed Services Committee, which is considering Jackson’s promotion in the Navy to become a two-star admiral, is aware of the incidents, according to sources familiar with the matter.

Jackson and the vice president’s physician have long had a “strained relationship,” according to a former White House medical official.

[CNN]

Jackson vouching for Trump’s health on TV helped him get VA job

White House physician Ronny Jackson’s performance during an extended grilling over President Donald Trump’s health and cognitive fitness played a part in his nomination for secretary of Veterans Affairs, a White House official told CNN Wednesday.

The official said Trump liked the way Jackson handled himself with reporters during the briefing in January.

Trump’s selection of Jackson, his personal physician, to replace Veterans Affairs Secretary David Shulkin immediately raised questions about Jackson’s experience and qualifications, according to multiple veterans groups and Capitol Hill sources.

Asked how Jackson is qualified to oversee medical care for US veterans, the White House official noted Jackson brings with him both a medical and military background to the Department of Veterans Affairs as well as past praise for his work in previous administrations.

The decision to nominate Jackson to run the government’s second largest department surprised members of Congress, veteran advocacy groups and officials within the department, the sources told CNN.

Representatives from groups and lawmakers openly questioned whether Jackson had the right experience to run the sprawling agency, despite his military and medical background.

“I have no idea what to expect from him, quite frankly,” Vietnam Veterans of America president John Rowan told CNN, adding that he was disappointed that the President had removed Shulkin, but he also expressed some relief at the pick, adding that it could have been worse.

“We were hoping that we prevailed, but at least he isn’t appointing one of those rabid privatization people, so that’s a plus,” Rowan said.

A source told CNN in January that Trump liked Jackson’s performance in the briefing room answering questions about his presidential physical. At the White House briefing, Jackson vouched for Trump’s neurological function, pronounced him in “excellent” health and attributed part of the positive health assessment to good genetics.

Trump’s positive impression of the military doctor had staying power, with Trump praising Jackson to donors during a fundraiser at Mar-a-Lago in February.

“He’s like central casting — like a Hollywood star,” Trump said, according to an audio recording of his remarks obtained by CNN.

And last Friday, the Pentagon announced Trump had nominated Jackson for a promotion from rear admiral (lower half) to rear admiral (upper half). A senior White House official told CNN after Trump announced his selection of Jackson for the VA post that Jackson would resign his commission and retire from active duty before being confirmed.

[CNN]

Trump called ‘Fox & Friends’ host for opinion on veteran care during meeting with VA chief

President Trump dialed in a “Fox & Friends” co-host to weigh in on legislation about veterans’ health care during a meeting with Veterans Affairs (VA) Secretary David Shulkin, Axios reported Sunday.

Shulkin and Trump were discussing legislation to reform veterans’ health care during an Oval Office meeting last week when Trump reportedly called “Fox & Friends” co-host Pete Hegseth to get his opinion.

Hegseth, a veteran and former executive director of advocacy group Vets For Freedom, was among those considered to be VA secretary under Trump. Trump is a frequent viewer of Fox News, including the morning show.

Sources told Axios that the phone call put Shulkin in an uncomfortable spot, as Hegseth is pushing for more intense reforms and interviewed for Shulkin’s job.

The Trump administration has listed veterans’ health care as a top priority.

Trump allies have backed offering veterans more alternatives for health care outside of the agency. However, Shulkin is in favor of a more moderate approach that would only outsource treatment in cases where waiting times are too long or veterans live too far away from agency options.

The incident reported by Axios took place amid tensions between Shulkin and the White House. Shulkin has said that Trump political appointees in the agency are attempting to undermine him, and claims he has White House approval to remove them.

He is also under scrutiny after an inspector general report found that he misused taxpayer dollars during a trip to Europe with his wife last year.

Shulkin has denied wrongdoing, but has reimbursed the government for the trip.

[The Hill]

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