Federal Reports

The Department of Homeland Security has limited ability to track migrants’ post-release addresses accurately and effectively. U.S. Border Patrol (USBP) cannot always obtain and does not always record migrant addresses, and U.S. Immigration and Customs Enforcement (ICE) does not always validate migrant addresses prior to migrant release into the United States.

The Appeals Modernization Act (AMA) of 2017 charged VA with establishing a new process for more quickly and transparently reviewing benefit claims decisions with which veterans disagree.VA implemented the AMA in 2019, and though it largely focuses on Veterans Benefits Administration benefits decisions, it also applies to those made by the Veterans Health Administration (VHA), such as clothing allowances related to prosthetics use and reimbursement of non-VA emergency care. The VA Office of Inspector General (OIG) previously reported on difficulties with the appeals modernization rollout. Additional concerns prompted this review to determine whether VHA processed and tracked appeals of benefits decisions in accordance with the AMA’s requirements and two VHA interim policy notices.Based on a nonstatistical sample of 180 decision reviews initiated between February 19, 2019, and June 27, 2022, the OIG found• VHA program offices did not give claimants the information needed to initiate higher-level reviews and supplemental claims regarding benefits decisions. Before VHA can process decision reviews, both the AMA and VHA’s interim policy notices require that claimants receive an explanation as to why a claim was denied, steps for seeking further review of a denied benefit, and other information.• VHA did not accurately track reviews because it did not implement effective systems, sufficient policies, or adequate training. VHA’s many programs were operating independently, and most did not have effective tracking systems. VHA’s two interim policy notices required tracking but lacked specificity and were in effect for only one year each. By not effectively tracking reviews, VHA risks not processing reviews or not granting veterans the benefits to which they are entitled.The OIG made 14 recommendations to the under secretary for health to improve information given to claimants, centralize intake, and better track and standardize retention of decision reviews.

A large population of veterans could be eligible for compensation for Gulf War illness, which refers to a group of unexplained or ill defined chronic symptoms found in veterans deployed to the Persian Gulf during Operations Desert Storm and Desert Shield. The VA Office of Inspector General (OIG) conducted this review to determine whether the Veterans Benefits Administration (VBA) processes disability claims related to this illness in accordance with applicable VA regulatory requirements.The OIG found that VBA’s Gulf War illness claims process did not ensure that all requirements were met before claims processors decided disability compensation claims. As a result, VBA prematurely decided an estimated 3,200 of the 13,800 Gulf War illness claims (23 percent) completed from October 1, 2021, through March 31, 2022, leading to at least $5.1 million in improper overpayments for those six months. Moreover, the team found that premature decisions are apt to continue due to shortcomings in exam requests and exam findings. About 5,500 of the 13,800 claims reviewed (40 percent) had medical examinations that did not contain the necessary information or related documentation.Among the shortcomings were that examination requests do not provide a full definition of some key terms. For example, while undiagnosed illnesses are defined, the instructions do not indicate what is needed to determine whether a veteran has a medically unexplained illness. Disability benefits questionnaires used for evaluating claims for Gulf War illnesses also do not ask specific questions that would show how a condition meets requirements to be an undiagnosed illness.The OIG made five recommendations to update instructions, definitions, and diagnostic criteria provided to examiners and clarify for claims processors that all regulatory requirements must be met to award benefits.

The U.S. Environmental Protection Agency Office of Inspector General initiated this audit to determine the extent to which the EPA followed its 2016 Policy on Elevation of Critical Public Health Issues when responding to evidence of drinking water lead contamination in the community water system for Benton Harbor, Michigan.