Letter to Robert McDonald, Secretary, Department of Veteran Affairs - Robin Hill Farm

Letter

Dear Secretary McDonald:

We write to again express our concern with the Department of Veterans Affairs' (VA's) continuing inability to secure a permanent solution for veterans living at a New Hampshire community-based residential rehabilitation facility, Robin Hill Farm. We have corresponded with the VA on this specific issue since 2014, and, while we seem to be closer to a permanent regime, the department appears on the verge of again subjecting both Robin Hill and the veterans living there to more months of uncertainty and angst. Unfortunately, this situation is familiar, being the third year in which we have had to intervene calling for immediate attention to ensure that these veterans' services and housing are not threatened.

As you know, since 1985 Robin Hill Farm has served 100 percent service-connected veterans through contracts with several VA Medical Centers (VAMCs) in the Northeast region. In 2014 Robin Hill was informed that such contracts were unauthorized, and that its veteran patients must either be remanded to a non-community-inclusive institution or pay for their ongoing rehabilitation without VA support. We appreciate your action to grant equitable relief, which provided additional time to work through these challenges.

Although Dr. Carolyn Clancy's letter dated December 14, 2014, stated that twenty-five years of MOUs and contracts were invalid due to insufficient authorities, she also noted that the department was "currently evaluating the potential authorities it may have to provide specialized residential care and rehabilitation services... ." Apparently, as of last year the VA determined that it did have the authorities to pay for services to these veterans, and we understand the department has successfully executed contracts for the services portion of Robin Hill's fee, but not covering room and board. We would note that we have thus far not received any clarification as to the VA's legal decisions or justifications underlying these contracts.

Additionally, following execution of equitable relief last year-which took months to actually come into force-we were assured during phone conversations with a VA representative that a "permanent solution" to the issue of room and board funding was being developed. However, as we are again painfully aware, the VA has not only failed to identify a permanent solution, it appears on the brink of subjecting Robin Hill and these TBI veterans to another round of stress and insecurity by letting the equitable relief order lapse.

The VA's delays in putting in place stop-gaps, never mind a permanent regime, is deeply frustrating. While Robin Hill continues to house and care for these veterans even when the VA fails to provide payment, this reality creates unnecessary financial strain. Given the clear knowledge of an upcoming deadline, failure to have a plan in place and operational by the end of fiscal year (FY) 2016 to cover FY 2017 expenses is irresponsible.

Therefore, we again ask that you exercise your equitable relief powers to provide additional time to address this issue, and that your relief order be put into effect immediately. As we are fast approaching the expiration of the current relief order and no permanent fix appears forthcoming, we feel a further extension is necessary.

We thank you for your continued willingness to engage on this issue, and look forward to your reply. Thank you for your service to our nation.

Source