Veterans' Disability Benefits: VA Could Enhance Its Progress in
Complying with Court Decision on Disability Criteria (12-OCT-05,
GAO-06-46).
To properly decide veterans' disability claims, the regional
offices of the Department of Veterans Affairs (VA) must obtain
all medical evidence required by law and federal regulations. To
do so, in fiscal year 2004, the regional offices asked VA's
medical centers to examine about 500,000 claimants and provide
examination reports containing the necessary medical information.
Exams for joint and spine impairments are among the exams that
regional offices most frequently request, and in 2002, VA found
that 61 percent of the exam reports for such impairments did not
provide sufficient information for regional offices to make
decisions complying with disability criteria mandated by the U.S.
Court of Appeals for Veterans Claims in DeLuca v. Brown, 8 Vet.
App. 202 (1995). In DeLuca, the court held that when federal
regulations define joint and spine impairment severity in terms
of limits on range of motion, VA claims adjudicators must
consider whether range of motion is further limited by factors
such as pain and fatigue during "flare-ups" or following
repetitive use of the impaired joint or spine. Whenever VA
regional offices ask VA medical centers to conduct joint and
spine disability exams, the medical centers should prepare exam
reports containing the information mandated in DeLuca. Congress
asked that we determine VA's progress since 2002 in ensuring that
its medical centers consistently prepare joint and spine exam
reports containing the information required by DeLuca.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-06-46
ACCNO: A39357
TITLE: Veterans' Disability Benefits: VA Could Enhance Its
Progress in Complying with Court Decision on Disability Criteria
DATE: 10/12/2005
SUBJECT: Claims adjudicators
Claims processing
Disability benefits
Eligibility criteria
Eligibility determinations
Medical examinations
Medical records
Performance measures
Veterans benefits
Veterans disability compensation
VA Veterans Integrated Service Network
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GAO-06-46
* Appendix I: Briefing Section
* Appendix II: Comments from the Department of Veterans Affairs
United States Government Accountability Office
Report to the Ranking Democratic
GAO
Member, Committee on Veterans' Affairs, House of Representatives
October 2005
VETERANS' DISABILITY BENEFITS
VA Could Enhance Its Progress in Complying with Court Decision on Disability
Criteria
GAO-06-46
Contents
Letter 1
Appendix I: Briefing Section 4
Appendix II: Comments from the Department of Veterans Affairs 31
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separately.
United States Government Accountability Office Washington, DC 20548
October 12, 2005
The Honorable Lane Evans Ranking Democratic Member Committee on Veterans'
Affairs House of Representatives
Dear Mr. Evans:
To properly decide veterans' disability claims, the regional offices of
the Department of Veterans Affairs (VA) must obtain all medical evidence
required by law and federal regulations. To do so, in fiscal year 2004,
the regional offices asked VA's medical centers to examine about 500,000
claimants and provide examination reports containing the necessary medical
information. Exams for joint and spine impairments are among the exams
that regional offices most frequently request, and in 2002, VA found that
61 percent of the exam reports for such impairments did not provide
sufficient information for regional offices to make decisions complying
with disability criteria mandated by the U.S. Court of Appeals for
Veterans Claims in DeLuca v. Brown, 8 Vet. App. 202 (1995).
In DeLuca, the court held that when federal regulations define joint and
spine impairment severity in terms of limits on range of motion, VA claims
adjudicators must consider whether range of motion is further limited by
factors such as pain and fatigue during "flare-ups" or following
repetitive use of the impaired joint or spine. Whenever VA regional
offices ask VA medical centers to conduct joint and spine disability
exams, the medical centers should prepare exam reports containing the
information mandated in DeLuca. You asked that we determine VA's progress
since 2002 in ensuring that its medical centers consistently prepare joint
and spine exam reports containing the information required by DeLuca.
In conducting our research, we obtained pertinent information from and
interviewed officials of the Veterans Benefits Administration (VBA), which
manages VA's 57 regional offices; the Veterans Health Administration
(VHA), which has 21 health care networks that oversee the operations of
VA's 157 medical centers; and the Compensation and Pension Examination
Project (CPEP) Office, a national office jointly established by VHA and
VBA in 2001 to improve the disability examination process. We assessed and
determined that data from the CPEP Office's quality reviews of medical
center exam reports for the 10 most frequently requested exams were
reliable for the purposes of our work, and we attended a December 2004 VA
training conference aimed at improving the ability of medical center
clinicians to conduct and report high-quality disability examinations. In
addition, we interviewed officials of Disabled American Veterans, The
American Legion, Paralyzed Veterans of America, and National Veterans
Legal Services Program. We conducted our review from November 2004 through
September 2005 in accordance with generally accepted government auditing
standards. After discussing our initial findings on DeLuca with your
office, your office asked that we furnish briefing slides containing the
information discussed. This letter conveys the requested briefing slides.
In summary, since 2002, VA has made progress in ensuring that its medical
centers' exam reports adequately address the DeLuca criteria, but more
improvements are needed. As of May 2005, the percentage of joint and spine
exam reports not meeting the DeLuca criteria had declined substantially
from 61 percent to 22 percent. Much of this progress appears attributable
to a performance measure for exam report quality that VHA established in
fiscal year 2004. However, a 22 percent deficiency rate indicates that
many joint and spine exam reports still did not comply with DeLuca, and
moreover, the percentage of exam reports satisfying the DeLuca criteria
varied widely-from a low of 57 percent to a high of 92 percent among VHA's
21 health care networks. Further, VA's CPEP Office has found deficiencies
in a substantial portion of the requests that VBA's regional offices send
to VHA's medical centers, asking them to perform disability exams. For
example, the CPEP Office found in early 2005 that nearly one-third of the
regional office requests for spine exams contained errors such as not
identifying the pertinent medical condition or not requesting the
appropriate exam. However, VBA has not yet established a performance
measure for the quality of the exam requests that regional offices submit
to medical centers.
To help ensure continued progress in satisfying the DeLuca criteria, we
recommend that the Secretary of Veterans Affairs direct the Under
Secretary for Health to develop a strategy for improving the consistency
of VHA's networks across the nation in meeting the DeLuca criteria. We
also recommend that the Secretary direct the Under Secretary for Benefits
to develop a performance measure for the quality of the exam requests that
regional offices submit to medical centers.
In written comments on a draft of this report, VA agreed with our
conclusions and concurred with our recommendations.
As agreed with your office, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 30 days
after its issue date. At that time, we will send copies of this report to
the Chairman, House Committee on Veterans' Affairs; the Chairman and
Ranking Democratic Member, Senate Committee on Veterans' Affairs; and the
Secretary of Veterans Affairs. We will also make copies available upon
request. In addition, the report will be available at no charge on GAO's
Web site at http://www.gao.gov.
If you or your staff have any questions about this report, please contact
me on (202) 512-7215 or [email protected]. Contact points for our Offices
of Congressional Relations and Public Affairs may be found on the last
page of this report. Irene Chu, Assistant Director; Ira Spears,
Analyst-In-Charge; Joseph Natalicchio; and Walter Vance also made key
contributions to this report.
Sincerely yours,
Cynthia A. Bascetta
Director, Education, Workforce, and Income Security Issues
Appendix I: Briefing Section
VA Could Enhance Its Progress in Complying with Court Decision on Disability
Criteria
Briefing for Staff of Representative Lane Evans Ranking Democratic Member House
Committee on Veterans' Affairs
o Objective
o Background
o Scope and Methodology
o Key Findings
o Conclusions
o Recommendations
o In 2002, the Department of Veterans Affairs (VA) found that about 61
percent of the joint and spine disability examination reports prepared
by VA medical centers did not provide the information required for
VA's joint and spine disability decisions to comply with DeLuca v.
Brown, 8 Vet. App. 202 (1995). GAO was asked to determine the progress
VA has made since 2002 in ensuring that joint and spine exam reports
prepared by VA medical centers provide VA regional office claims
adjudicators with the medical information that DeLuca requires for
disability decisions.
o To determine disability severity, VA claims adjudicators must use
medical criteria published in federal regulations. For certain
musculoskeletal disabilities, such as joint and spine impairments, the
regulations specify range-of-motion limitations that adjudicators must
use to determine severity.
o However, the U.S. Court of Appeals for Veterans Claims held in DeLuca
that, in addition to the range-of-motion limitations specified in VA's
regulations, adjudicators also must consider any additional functional
limitations that may occur during "flare-ups" or following "repetitive
use" because of painful motion, weakened movement, excess fatigability
(or lack of endurance), or incoordination.
o Ensuring that joint and spine exam reports meet the DeLuca
requirements is important. Otherwise, a claims adjudicator may not
assign an appropriate severity rating for a veteran's condition.
o Under VA's quality review standards, a joint or spine exam report
satisfies the DeLuca "repetitive use" criteria if the exam report
indicates the extent, if any, and the number of degrees, if possible,
to which range of motion is additionally limited by pain, fatigue,
weakness, or lack of endurance following repetitive use. The
additional functional loss may be stated in terms of either degrees of
loss of motion or the additional percentage of loss of motion.
o Under VA's quality review standards, a joint or spine exam report
satisfies the DeLuca "flare-up" criteria if the report either states
the claimant does not experience any flare-ups or provides a
description of the flare-ups.
o The Veterans Benefits Administration (VBA) operates 57 regional
offices whose claims adjudicators develop required evidence and decide
disability claims.
o The Veterans Health Administration (VHA) operates VA's 157 medical
centers. VHA has organized these medical centers into 21 geographic
areas known as Veterans Integrated Service Networks (VISN). Each VISN
oversees the operations of the medical centers within its assigned
geographic area.
o To obtain the medical evidence required to make disability decisions,
VBA regional offices asked VHA's medical centers to perform about
500,000 disability examinations in fiscal year 2004.1
o In 2001, the VA Claims Processing Task Force reported ongoing concerns
about the quality of the VBA-VHA disability examination process.
o In 2001, VBA and VHA jointly chartered the Compensation and Pension
Examination Project (CPEP) Office to improve the disability
examination process.
o In 2002, after VA developed exam-specific quality indicators for the
10 most frequently requested disability exams, the CPEP Office did its
initial (baseline) review of VHA medical centers' disability
examination reports, including joint and spine exam reports.2
o To assess quality, the CPEP Office uses 10 exam-specific indicators to
assess joint exam report quality and 11 indicators for spine exam
report quality. In both cases, two of the quality indicators address
DeLuca's repetitive use and flare-up criteria.
1Because of workload issues at certain medical centers, 10 regional
offices use the services of a contractor to obtain disability
examinations.
2The 10 exams that regional offices most frequently request are audio
(hearing), eye, feet, general medical, initial post-traumatic stress
disorder (PTSD), joints, mental disorders other than initial PTSD and
eating disorders, subsequent review of PTSD, skin (not scars), and spine.
* We interviewed or obtained information from officials of:
o VBA central office
o VHA central office
o CPEP Office, Nashville, Tenn.
o VHA VISN offices in Duluth, Ga; and Linthicum, Md.
o VHA medical centers in Baltimore, Md; and Birmingham, Ala.
o VBA regional offices in Atlanta, Ga; and Baltimore, Md.
* We also interviewed officials of:
o Disabled American Veterans
o The American Legion
o Paralyzed Veterans of America
o National Veterans Legal Services Program.
o We attended a VA training conference for improving the ability of VHA
clinicians to conduct and report high-quality disability examinations.
o We assessed the CPEP Office's quality review data for the 10 most
frequently requested exams and found these data were reliable for the
purposes of our work.
o We conducted our review from November 2004 through September 2005 in
accordance with generally accepted government auditing standards.
Key Findings
o VA has made progress since 2002 in ensuring that medical centers
prepare joint and spine exam reports satisfying the DeLuca criteria.
Much of this progress appears to be due to an overall performance
measure that VHA established for exam reports for the 10 most
frequently requested exams.
o However, many joint and spine exam reports still do not comply with
the DeLuca criteria, and VHA's 21 VISNs vary widely in the percentage
of exams that satisfy the DeLuca criteria.
o The CPEP Office has found that a substantial portion of regional
office requests for exams are inaccurate or incomplete.
o In its 2002 baseline review of disability exam report quality, CPEP
found that about 61 percent of VHA's joint and spine exam reports did
not contain the information required by DeLuca.
o However, by May 2005, the percentage of joint and spine exam reports
not containing the information required by DeLuca had declined
substantially from 61 percent to 22 percent. (See table 1.)
Table 1: VHA's Performance in Satisfying the DeLuca Criteria
Percentage of joint and spine exam reports
that did not satisfy the DeLuca criteria
Time frame of exam Repetitive use Overall percentage
reports reviewed by criteria Flare-up criteria of joint and spine
CPEP reports not
Joint Spine Joint Spine satisfying the
exams exams exams exams DeLuca criteria
July-September 2001
(2002 baseline
study) 60 64 64 58 61.5
June-August 2004 49 52 32 26 40.0
March-May 2005 27 27 17 17 22.0
Source: CPEP.
* To improve disability exam report quality, including satisfying the
DeLuca criteria, VA has done the following .
o VHA required medical centers in 2002 to develop quality
improvement plans for exams and exam reports for the 10 most
requested exams, including joint and spine exams.
o CPEP distributed musculoskeletal exam training videos and
other resource materials in 2002 and 2004.
o CPEP sponsored national training conferences in 2003 and 2004
that included training on the DeLuca criteria.
o Via satellite broadcasts, VHA conducted training on DeLuca for
its medical centers in 2004, and VBA, for its regional offices
in 2005.
* VA also did the following to improve joint and spine disability
exam report quality.
o To focus attention on the DeLuca criteria, CPEP has published
monthly DeLuca performance statistics for each of VHA's 21
VISNs since October 2003.
o VBA instructed regional offices in 2004 to send back to the
medical centers any musculoskeletal exam reports not
adequately addressing the DeLuca criteria.
* In addition, CPEP and VA's Office of Information developed and
distributed software during 2004 and 2005 that provides medical
centers with automated templates for clinicians to use in
conducting and reporting disability exams, including joint and
spine exams.
o The templates provide a guided and structured approach for
conducting exams and entering the results at a computer
workstation. Using the templates is optional.
o CPEP believes the templates can help ensure that clinicians do
not omit necessary exam information, such as for the DeLuca
criteria.
o CPEP is conducting a study in which medical center clinicians
use a selected template routinely in order to gather data on
the costs and benefits of using the templates.
o Finally, in fiscal year 2004, VHA established a performance measure
for the quality of exam reports for its VISN directors. This
performance measure for exam report quality takes into account a
VISN's combined performance on all of the 10 most frequently requested
exams. For fiscal years 2004 and 2005, VHA defined fully successful
performance as when 64 percent of the exam reports prepared by a
VISN's medical centers satisfy at least 90 percent of the CPEP quality
indicators.
o The two VISNs we visited told us they had included this performance
measure in the performance plans of the directors for the medical
centers in their VISN.
o Since VHA instituted the exam report quality performance measure, the
combined quality of exam reports for the 10 most frequently requested
exams has improved broadly, indicating that the performance measure
may have been a catalyst for improvement. (See table 2.)
o Still, it should be noted that because the performance measure applies
to a VISN's combined performance on all 10 types of exam reports, poor
performance on one exam type could be masked in the overall average
performance statistic if performance on another exam type is
sufficiently high to allow the VISN to still meet the fully successful
definition of performance.
Table 2: Number of VISNs Meeting the Fully Successful Definition for the
Combined Exam Report Quality of the 10 Most Frequently Requested Exams
Number of VISNs that achieved the fully
Time period successful standard
1st quarter-fiscal year 2004 0
4th quarter-fiscal year 2004 15
3rd quarter-fiscal year 2005 21
Source: CPEP.
o If a joint or spine exam report fails on both of the DeLuca criteria
(flare-ups and repetitive use), the exam report automatically fails
the quality review-that is, it does not pass at least 90 percent of
the exam-specific quality indicators.
o As a result, the exam report quality performance measure provides an
incentive for VISNs and their medical centers to focus on satisfying
the DeLuca criteria because, to optimize the chance to be rated as
fully successful on combined performance for all 10 of the most
frequently requested exams, VISNs and their medical centers must pay
attention to the quality of all 10 exam types, including the joint and
spine exams that are subject to the DeLuca criteria.
o As of May 2005, 22 percent of joint and spine exams still did not
satisfy the DeLuca criteria. Also, as of May 2005, VA found a large
degree of inconsistency in the extent that the 21 VISNs satisfied the
DeLuca criteria. Among the 21 VISNs, the percentage of joint and spine
exam reports satisfying the DeLuca criteria ranged from a low of 57
percent to a high of 92 percent. (See table 3.)
o It should be noted that within a given VISN, an individual medical
center's performance in meeting the DeLuca criteria may be lower than
the combined average DeLuca performance for all the medical centers in
that VISN. Therefore, in the VISN that had 57 percent of its joint and
spine exams meeting DeLuca criteria, an individual medical center
within that VISN may have had less than 57 percent meeting the DeLuca
criteria.
Table 3: Percentage of Each VISN's Joint and Spine Exams Satisfying the
DeLuca Criteria as of May 2005
VISN Percentage meeting
number DeLuca criteria
1 57
2 84
3 78
4 80
5 86
6 92
7 83
8 86
9 67
10 76
Note: Table 3 continues on the next slide.
Source: CPEP.
Table 3: Percentage of Each VISN's Joint and Spine Exams Satisfying the
DeLuca Criteria as of May 2005, cont'd
VISN Percentage meeting
number DeLuca criteria
11 72
12 75
15 79
16 92
17 85
18 87
19 81
20 69
21 73
22 64
23 71
Note: VA had 22 networks until January 2002, when it merged Networks 13
and 14 to form a new network, Network 23.
Source: CPEP.
* Since early 2004, CPEP has done monthly reviews of exam requests
that regional offices submit to medical centers, and CPEP has found
that many requests are inaccurate or incomplete. For example, of
the spine exams requested during the second quarter of fiscal year
2005, 32 percent of the exam requests had at least one error such
as:
o not identifying the pertinent condition,
o not requesting the appropriate exam,
o not providing clear or useful information in the remarks
section of the request,
o not identifying the specific joint or part to be examined, or
o not explaining instances in which the exam request contained
no telephone number for the veteran who was to be examined.
o VBA told GAO it may consider establishing a performance measure for
the quality of exam requests after CPEP modifies its software so that
when CPEP finds an error in an exam request, the regional office would
be able to obtain via VA's intranet the identity of the case involved,
study the error, and learn from the mistake.
o In July 2005, CPEP said it would soon complete software modifications
that will make case-specific exam request error information available
to regional offices via VA's intranet.
Conclusions
o Although the percentage of joint and spine exam reports that do not
satisfy the DeLuca criteria declined substantially from 61 percent in
2002 to 22 percent at the end of May 2005, more improvement is needed
to further reduce the more than one-fifth of these exam reports not
meeting the DeLuca criteria. Also, more improvement is needed to
reduce wide variations in performance on the DeLuca criteria; among
the 21 VISNs, the percentage of deficient exam reports ranged from a
low of 8 percent to a high of 43 percent.
o The ability of medical centers to provide exam reports containing the
information that regional offices need in order to make accurate
disability decisions is negatively affected when regional offices
submit inaccurate or incomplete exam requests. Although CPEP has found
that many exam requests are deficient, the lack of a performance
measure for exam request quality means regional offices do not have
the same incentive for improvement that medical centers have had since
VHA instituted the performance measure for exam report quality.
Recommendations
o To help ensure continued progress in satisfying the DeLuca criteria,
we recommend that the Secretary of Veterans Affairs direct the Under
Secretary for Health to develop a strategy for improving consistency
among the VHA VISNs in meeting the DeLuca criteria. For example, if
performance in satisfying the DeLuca criteria continues to vary widely
among the VISNs during fiscal year 2006, VHA may want to consider
establishing a new performance measure specifically for joint and
spine exams. Also, if the CPEP Office's study of the costs and
benefits of the automated exam templates supports their use, VHA could
require that its medical centers use the automated templates for joint
and spine exams.
o We also recommend that the Secretary direct the Under Secretary for
Benefits to develop a performance measure for the quality of exam
requests that regional offices send to medical centers. This measure
could be implemented as soon as the CPEP Office is able provide
regional offices with case-specific exam request deficiency data via
VA's intranet.
Appendix II: Comments from the Department of Veterans Affairs
(130483)
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