Letter to the Hon. Robert Wilkie, Secretary of the Dept. of Veterans Affairs - Tester, colleagues urge transparency in VA disability claims process during COVID-19 outbreak

Letter

Dear Secretary Wilkie,

We write concerned about the Department of Veterans Affairs' (VA) guidance regarding
Compensation and Pension (C&P) examinations during the COVID-19 pandemic. The
Department must issue clear guidance to its Regional Offices (ROs), those who perform C&P
examinations and potential beneficiaries so that veterans are not needlessly confused or harmed
during this unprecedented time.

For example, we were disappointed to learn that veterans, including those in high-risk
health groups, were still required to go to C&P exams until early April, exposing themselves to
unneeded risk and potentially putting their health in jeopardy. Veterans should not have been
unnecessarily forced from their homes during this COVID-19 pandemic. Veterans are normally
cautioned to not miss their scheduled C&P exams because it can cause delay in the adjudication
of their claims as they wait for new appointments. However, during a pandemic we cannot
continue operating business-as-usual. It is critical for VA to have reasonable expectations of
veterans for completing examinations during this time. As such, we need additional information
about VA's new process and procedures for C&P exams.

We would appreciate information on VA's plan for suspending in-person C&P
examinations and how those suspensions will affect a veteran's claim. We also request
information on how VA plans to continue completing Disability Benefits Questionnaires through
the Acceptable Clinical Evidence (ACE) initiative, including the use of any necessary
supplemental Tele-C&P examination. And how will virtual C&P exams be conducted for
veterans in rural America without access to reliable broadband or those veterans with lowincomes who may lack internet access, computers or smart phone capabilities? How will VA
address veterans' missed virtual or Tele-C&P Exams? It is our understanding that VA is
denying conditions associated with missed Tele-C&P and virtual exams appointments, rather
than deferring a decision until an appointment can be completed. We would like VA to clarify
its guidance to ROs on deferment or cancellation of C&P exams during this epidemic, including
whether partial ratings will be issued for conditions that have the appropriate evidence to be
rated. For a veteran's deferred C&P exams, how will VA maintain his or her priority in the
queue? Veterans should not lose their place in line for circumstances beyond their control
because of this COVID-19 national emergency.

Finally, news reports indicate VA rushed to set up a tracking mechanism to identify each
time a veteran reported that VA or a contractor incorrectly informed them that they must report
for an in-person C&P exam during the pandemic. We request information regarding the tracking
mechanism or database, including, but not limited to: when VA put the tracking system in place;
how many veterans, by RO, reported for in-person C&P exams after March 13, 2020; and which
contractors or VA facility required these in-person exams. We have a responsibility to ensure
accountability and transparency of the processes put in place on behalf of our nation's veterans.
To provide appropriate oversight over this process, we also request a breakdown of the number
of veterans undergoing a C&P examination since March 1, 2020, and whether those
examinations were conducted in-person, through the ACE initiative or virtually. Please provide
this data by RO on a weekly basis moving forward.

Although we certainly understand there are challenges presented to VA of providing
C&P exams to veterans under the current situation, we would welcome VA identifying any
additional needs in order to improve veterans' C&P examination experience during this
pandemic. Thank you for your attention to the issues raised in this letter and we look forward to
your prompt response.

Sincerely,