Sen. Moran calls for investigation into VA’s failure to pay full benefits


U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Committee on Veterans’ Affairs – joined a bipartisan group of lawmakers in calling for a Department of Veterans Affairs (VA) Inspector General investigation into allegations that the VA would not reimburse veterans for missing or underpaid benefits.

“The VA must make every effort to restore confidence with veterans by delivering the care and benefits they have earned,” said Sen. Moran. “The technical and staffing shortages that caused these significant problems with the implementation of the Forever GI bill must be resolved immediately. Any further delay is unacceptable and will burden those veterans impacted who deserve a VA that is worthy of their service and sacrifice.”

The letter was also signed by Senators Richard Blumenthal (D-Conn.), John Boozman (R-Ark.), Kamala Harris (D-Calif.), Doug Jones (D-Ala.), Patty Murray (D-Wash.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Debbie Stabenow (D-Mich.), and Todd Young (R-Ind.), and U.S. Representative Derek Kilmer (D-Wash.).

The full text of the letter, as submitted, is as follows:

The Honorable Michael J. Missal
Inspector General
Department of Veterans Affairs
810 Vermont Avenue NW
Washington, D.C. 20571

Dear Mr. Missal:

We are writing to request an investigation into allegations that the Department of Veterans Affairs (VA) will withhold retroactive payments for missed or underpaid monthly housing stipends that it failed to pay veterans during delayed implementation of the Harry W. Colmery Veterans Education Assistance Act (P.L. 115-48), known as the “Forever GI Bill.”

According to NBC News on November 28, 2018 (“Veterans Affairs Dept. tells Capitol Hill it won’t repay underpaid GI Bill benefits recipients”), VA officials told congressional staff that making retroactive payments to veterans for missed or underpaid housing stipends would not be possible because it would create auditing challenges for the VA and delay future claims processing.  That decision would be contrary to law and leave an estimated 360,000 veterans robbed of the benefits owed to them.

We understand that Under Secretary for Benefits Paul Lawrence, in testimony before the House Veterans Affairs Committee yesterday, sought to clarify the VA’s position by stating that every veteran will be made whole, including with retroactive payments, for their housing benefits.  However, it remains unclear if VA intends to provide retroactive payments to veterans for housing stipends based on rates that they were legally entitled to beginning August 1, 2018, or if the VA only intends to make veterans whole based on the rates as they existed before the law took effect—and remain in violation of existing law.

It is important that VA fix the technical and staffing shortages that contributed to its inability to implement the Forever GI bill so that it can continue to provide housing stipends to veterans.  However, we remain resolved that VA make veterans whole for any missed or underpaid benefits based on the housing stipend rates that they were legally entitled to when the changes took effect in August 2018.  The VA’s continued ambiguity about whether it will fulfill this legal requirement threatens to erode our veterans’ confidence in the VA’s ability to deliver promised care and benefits and demands close oversight and accountability.

In an effort to help us better understand VA’s plan to provide complete relief to those veterans impacted by the delayed implementation of the Forever GI Bill, we request your assistance to answer the following:

  1. Does the VA intend to apply the August 1, 2018, housing stipend rates, as required by law, for retroactive payments to eligible beneficiaries? 
  2. If not, under what legal authority would the VA withhold retroactive payments based on the rates required in the Forever GI Bill?
  3. Who will be responsible for determining which veterans can receive retroactive payments for missed or underpaid benefits, including adjusted housing stipend rates that took effect on August 1, 2018?
  4. How and when will VA process these retroactive repayments to eligible veterans?
  5. How, if at all, have IT infrastructure investment decisions at VA’s regional processing centers contributed to the current delay in implementing the changes required by the Forever GI Bill, including missed or underpayments owed to veterans? 
  6. How, if at all, have staffing shortages at VA’s regional processing centers contributed to the current delay in implementing the changes required by the Forever GI Bill, including missed or underpayments owed to veterans?
  7. How, if at all, is VA leadership organized and prepared to address IT infrastructure investment challenges at its regional processing centers in its fiscal year (FY) 2020 budget request?
  8. How, if at all, is VA leadership organized and prepared to address staffing shortages across the VA system, including at the Veterans Benefits Administration that is responsible for processing claims and retroactive payments to veterans, in its FY 2020 budget request?

As always, we appreciate your support of our oversight responsibilities.  Your prompt attention to this request will help us as we prepare to consider the VA’s FY 2020 budget request so that we can evaluate whether the VA has requested the appropriate resources that it needs to make timely beneficiary payments and deliver other promised care to our veterans.

We look forward to continuing to work with you throughout the review process.

Derek Nester
Derek Nester
Derek Nester was born and raised in Blue Rapids and graduated from Valley Heights High School in 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications. In 2002 Derek joined Taylor Communications, Inc. in Salina, Kansas working in digital media for 550 AM KFRM and 100.9 FM KCLY. Following that stop, he joined Dierking Communications, Inc. stations KNDY AM & FM as a board operator and fill-in sports play-by-play announcer. Starting in 2005 Derek joined the Kansas City Chiefs Radio Network as a Studio Coordinator at 101 The Fox in Kansas City, a role he would serve for 15 years culminating in the Super Bowl LIV Championship game broadcast. In 2021 he moved to Audacy, formerly known as Entercom Communications, Inc. and 106.5 The Wolf and 610 Sports Radio, the new flagship stations of the Kansas City Chiefs Radio Network, the largest radio network in the NFL. Through all of this, Derek continues to serve as the Digital Media Director for Sunflower State Radio, the digital and social media operations of Dierking Communications, Inc. and the 6 radio stations it owns and operates across Kansas.

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