PACT Act Application Deadline Extended

Veterans have a few more days to apply for PACT Act benefits, according to a press release from the U.S. Department of Veterans Affairs (VA). 

Veterans have a few more days to apply for PACT Act benefits according to a press release from the U.S. Department of Veterans Affairs (VA). 

Veterans and survivors can apply (or submit their intent to file) for PACT Act benefits by 11:59 p.m. ET on Monday, Aug. 14, 2023. 

The VA made this decision after experiencing technical difficulties with the VA.gov/PACT site in recent days. Extremely high demand caused some veterans to receive error messages. 

Despite these messages, according to the statement, the VA has successfully logged every one of these intents to file – meaning that every veteran or survivor who has received an error message while applying for PACT Act benefits can consider their intent to file complete. 

The VA has also resolved nearly all of the technical issues with the site. As of 5 p.m. on Wednesday, less than one tenth of one percent of attempts to submit an “intent to file” had resulted in an error message. 

This percentage is down from about 18 percent on Aug. 8. Additionally, there was a high volume of calls to VA call centers throughout the week, and the agency is working to decrease abnormally long call center wait times. 

Veterans and survivors who apply or submit their intent to file for PACT Act benefits by 11:59 p.m. ET on Monday, Aug. 14, 2023 will be eligible to have their benefits backdated to Aug. 10, 2022 – the day that President Biden signed the PACT Act into law. 

Veterans and their survivors should visit VA.gov/PACT for more information.

VA Report Cites ‘Serious, Pervasive And Deep-Rooted’ Failures At Clarksburg Medical Center As Mays Is Sentenced To 7 Life Terms

A report was released Tuesday outlining a long list of failures at the Louis A. Johnson VA Medical Center in Clarksburg, West Virginia that led to the deaths of at least seven men.

The report, from the U.S. Department of Veteran’s Affairs Office of Inspector General, was released on the same day 46-year-old Reta Mays was sentenced to seven consecutive life terms plus 20 years for the killings of the veterans, states that Mays bears the ultimate responsibility for the murders — but also notes missteps by leaders of the facility.

“The OIG found that the facility had serious, pervasive, and deep-rooted clinical and administrative failures that contributed to Ms. Mays’s criminal actions not being identified and stopped earlier,” the report states. “The failures occurred in virtually all the critical functions and areas required to promote patient safety and prevent avoidable adverse events at the facility.”

As she accepted a plea deal in July, Mays admitted to seven counts of second-degree murder and one count of assault with intent to murder the veterans. She unnecessarily administered insulin to the men, causing sudden hypoglycemic events that ultimately led to their deaths.

Investigators with the Office of Inspector General concluded in the report that there were deficiencies in the hiring of Mays, the evaluation of her performance, the management and security of medication, clinical evaluations of the at-the-time unexplained hypoglycemic events, the reporting and response to the events, as well as the response and corrective actions taken by leadership of the facility.

At a news conference following Mays’ sentencing, VA Inspector General Michael Missal pointed out that the former nursing assistant won an award for her work, but should not have — noting one of the many missed opportunities to identify the issues that came up over the course of her tenure at the facility.

“She actually received a Secretary’s Award for Excellence in 2017,” Missal said. “As part of receiving that award, they were required to go back to make sure that her background check had been done. They checked it had, when it actually hadn’t.”

West Virginia’s two U.S. Senators — Democrat Joe Manchin and Republican Shelley Moore Capito — both made comments Tuesday to news media about the report’s findings.

“I just think there’s just an absolute lack of accountability — or total lack of accountability — of the Clarksburg VA. There’s no other way to put it,” said Manchin, a member of the Senate’s Committee on Veterans’ Affairs, during a Tuesday conference call with reporters. “The people that have been in charge there should no longer be in the VA system, as far as I’m concerned, with the total disrespect they had for the well-being [and] welfare of our veterans. And I think that shows up loud and clear in the OIG’s report.”

Manchin noted that he was unable to disclose many details about the VA hospital until the investigation had concluded.

“The shackles are off and I can guarantee you we’re going after them hard, very hard,” he said.

In a statement released Tuesday, Capito also expressed concern over the report, which she described as “devastating.”

“The failures at the Clarksburg VAMC outlined within this report are absolutely unacceptable,” Capito said. “The findings show a collapse of administrative and clinical responsibility that has led to unimaginable consequences, which makes it clear that updated policy and procedure is desperately needed.”

Capito said she is committed to seeing to it that the recommendations included in the report are implemented and that leaders at the VA are held accountable for the failures that took place.

“Our veterans in West Virginia deserve the highest level of care possible, but they also need to be able to trust that they will be safe and protected under the care at our VAMC facilities,” she added.

According to the report, the OIG made recommendations across various departments and functions of the facility in question and the agency at large, aimed to enhance patient safety — including medical chart audits, checks and balances within pharmacy quality assurance processes and quality management reviews.

Wesley Walls, a spokesman for the Louis A. Johnson VA Medical Center, issued a statement expressing a need to rebuild the trust of veterans seeking care at the facility.

“While this matter involving an isolated employee does not represent the quality health care tens of thousands of North Central West Virginia Veterans have come to expect from our facility, it has prompted a number of improvements that will strengthen our continuity of care and prevent similar issues from happening in the future,” Walls said.

Walls said recommendations are currently being implemented and will be complete by March 2022.

West Virginia Congressional Delegation Applauds VA Health Care Facility Transparency Bill

Congress has finished work on a bill that would provide greater transparency at veterans hospitals across the nation. The legislation came after a string of murders at a West Virginia veterans medical facility.

On Monday, the U.S. House of Representatives unanimously passed The Improving Safety and Security for Veterans Act of 2019. The legislation will require the U.S. Department of Veterans Affairs to submit detailed reports on patient safety and quality of care at VA Medical Centers.

The bill, which passed the Senate in December 2019, now heads to the president for a signature. The measure was introduced in the Senate by Democrat Joe Manchin and Republican Shelley Moore Capito.

The two senators from West Virginia issued statements Tuesday in a joint news release from Manchin’s office.

“We have faced issues of transparency surrounding the murder of at least seven veterans at the Clarksburg VAMC, resulting in a lack of confidence in the VA,” Manchin said in statement. “I can’t imagine having a loved one murdered while in the VA’s care and after almost two years still not knowing the full picture.”

Former nursing assistant Reta Mays pleaded guilty in June to seven counts of murder that stretched over the course of years. She admitted to injecting veterans with unneeded insulin at the Louis A. Johnson VA Medical Center in Clarksburg.

“The horrifying murders at the Clarksburg VAMC were a gruesome wakeup call underscoring the need for a more thorough look at security systems and procedures across the VAMC system,” Capito said. “This bill is a step forward to help ensure our veterans are protected and safely cared for while in VA hands.”

The three other members of West Virginia’s congressional delegation — Reps. David McKinley, Alex Mooney and Carol Miller — also issued statements Tuesday on the passage of the bill as part of the news release from Manchin’s office.

“We cannot begin to understand the grief and anger of the families whose loved ones were killed at the Clarksburg VA,” McKinley said.

When federal prosecutors struck a plea deal with Mays over the killings, they said that the former nursing assistant had betrayed the trust of the veterans and their families.

“Those who served our nation in the military deserve not only our utmost respect, but also our continued care once they leave military service,” Mooney said. “The murder of at least seven veterans at the Clarksburg VA should never be allowed to happen again.”

The Improving Safety and Security for Veterans Act of 2019 will also force the VA to submit a detailed report and a timeline of events surrounding the deaths at the Clarksburg facility once criminal investigations are complete.

“As an original cosponsor of this legislation, I am glad that Congress was able to come together to bring necessary change and oversight of our VA Medical Centers in order to ensure that our veterans have confidence in the quality of health care they deserve,” Miller said.

Mays, who will be sentenced in February, has yet to explain her motive for the killings.

Sixth Lawsuit Filed In Deaths At West Virginia VA Hospital

A sixth lawsuit has been filed involving the sudden deaths of patients at a West Virginia veterans hospital where a former nursing assistant admitted to intentionally killing seven people with fatal doses of insulin. A federal lawsuit was filed Wednesday in the July 2018 death of Russell R. Posey Sr. at the Louis A. Johnson VA Medical Center in Clarksburg.

Charleston attorney Tony O’Dell filed the lawsuit on behalf of Posey’s son and daughter, who are co-executors of his estate. The elder Posey, 92, served as a chief petty officer in the U.S. Navy during World War II.

The lawsuit, which seeks unspecified damages, is the latest to allege a widespread system of failures at the hospital. Similar lawsuits have been filed in the deaths of five other veterans at the hospital in January, March, April and June of 2018.

The lawsuit said the onset of Posey’s severe, unexplained hypoglycemia was “similar to the pattern of events” that occurred with other patients.

Fired hospital nursing assistant Reta Mays pleaded guilty last month to intentionally killing seven patients with wrongful insulin injections. Mays, 46, faces up to life in prison for each of seven counts of second-degree murder. No sentencing date has been set.

Mays admitted at a plea hearing to purposely killing the veterans, injecting them with unprescribed insulin while she worked overnight shifts at the hospital in northern West Virginia between 2017 and 2018. Her motive is still unclear. U.S. Attorney Bill Powell said authorities did not receive a “satisfactory response” to questions about the reasoning behind her actions.

It is not clear whether Mays admitted a connection to Posey’s death. But in addition to her second-degree murder pleas, she also pleaded guilty to one count of assault with intent to commit murder involving the death of “veteran R.R.P.” — Posey’s initials.

Assistant U.S. Attorney Fred B. Westfall Jr. has said in court filings in response to some of the lawsuits that Mays acted outside the scope of her employment, the federal government should not liable for her criminal conduct and that the suits should be dismissed.

The VA is the government’s second-largest department, responsible for 9 million military veterans. The agency’s former director was fired in 2018 in the wake of a bruising ethics scandal and a mounting rebellion within the agency. Robert Wilkie took over as Veterans Affairs secretary in July 2018.
 

Fourth Possible Victim Identified In Suspicious VA Hospital Deaths

A fourth person has been named as a potential victim in the ongoing investigation of suspicious deaths at a Clarksburg, West Virginia veteran’s hospital. 

Attorney Dino Colombo said Thursday an autopsy has revealed Army veteran Archie D. Edgell died in March 2018 as a result of an unneeded insulin injection. 

“The autopsy shows that Mr. Edgell had multiple injection sites in the back of his arms and in his thighs,” Columbo said by phone.

Edgell, a Doddridge County native who lived in Barbour County later in life, died at the age of 85 at the Louis A. Johnson VA Medical Center. The results of a December 2018 autopsy were made available in June 2019, Colombo said. 

Edgell’s death follows a similar pattern seen in other suspicious deaths at the Clarksburg hospital in recent years. Elderly patients who were not terminally ill suddenly took a turn for the worst as a result of a hypoglycemic event.  

At least two of those deaths — including Felix McDermott and George Shaw, Sr. — are being treated as homicides. A possible third victim, John Hallman, was identified last week. 

Colombo noted there are multiple similarities between Edgell’s death and the other victims. 

“[Edgell] was on the same floor as everybody else, 3-A, at the VA hospital in the same general time frame,” he said.

Colombo said Edgell’s autopsy shows the veteran had injection marks that were consistent with other victims. 

“Number three — and, I think in this case, is the most telling thing — is the crash of his blood sugars for absolutely no reason,” Colombo said.

The FBI and the VA’s Inspector General have been investigating multiple suspicious deaths at the facility for more than a year.

Although federal officials have yet to release much information about the investigation, prosecutors said earlier this month they have identified a person of interest. They have said they are at “the beginning of the end” of their work on the case. 

Colombo said he believes investigators working are meticulously to close the case and hopes they will soon announce charges. He also noted that insulin can be purchased over the counter at a pharmacy, further complicating the investigation. 

“I know everybody would like to have this investigation resolved by tomorrow, or even yesterday. But those guys do a great job of uncovering every piece of evidence they can in putting this together,” Colombo said.

A spokesperson for the VA hospital said that a reported person of interest has been removed from their position. 

“Immediately upon discovering these serious allegations, Louis A. Johnson VA Medical Center leadership brought them to the attention of VA’s Inspector General while putting safeguards in place to ensure the safety of each and every one of our patients,” the VA hospital spokesperson said in an email to West Virginia Public Broadcasting. 

Still yet, Colombo said the Edgell family is preparing to notify the government of their intent to file a wrongful death lawsuit against the hospital. 

“We have veterans that fought for our freedom and they were vulnerable people who couldn’t protect themselves and who couldn’t speak for themselves,” Colombo said. “They were counting on the VA to protect them and they failed miserably. We’re not going to let that go.”

West Virginia Gets Grant to Train Veterans in Agriculture

West Virginia has been awarded a $400,000 federal grant to provide agriculture training for military veterans.

The state Department of Agriculture says in a news release the grant from the U.S. Department of Veterans Affairs aims to improve veterans’ health.

The statement says the Hershel “Woody” Williams VA Medical Center in Huntington will train participants to pursue agricultural vocations while addressing their behavioral and mental health needs.

Department of Agriculture staff will provide production, business and market planning for the program.

West Virginia Veterans and Warriors to Agriculture program coordinator James McCormick says he wants the state to take the lead on agricultural initiatives for veterans.

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