VA Forfeiture Decisions Highlight the Need To Strengthen the Procedural Protections Afforded Filipino Veterans Residing in the Philippines
HRD-82-46
Published: Mar 15, 1982. Publicly Released: Mar 15, 1982.
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Highlights
In response to a congressional request, GAO reviewed a 5-year sample of Veterans Administration (VA) forfeiture decisions to determine whether Filipino veterans and their survivors were afforded procedural due process.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Veterans Administration | The Administrator of Veterans Affairs should instruct the Chief Benefits Director to revise procedures to eliminate the provision permitting certain forfeiture decisions without providing case file evidence to the Compensation and Pension Service for an independent review. |
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Veterans Administration | The Administrator of Veterans Affairs should instruct the Chief Benefits Director to revise procedures to include documenting the rationale for dismissing conflicting testimonial evidence not in support of a Manila Regional Office forfeiture recommendation. |
Closed – Not Implemented
While the Chief Benefits Director was not instructed to implement the intended action, BVA has implemented a similar procedure thereby affording the recommended procedures projection to those who appeal their cases to BVA. The Administrator removed the qualifying statement on correspondence offering BVA hearings, thereby removing a potential inhibition.
|
| Veterans Administration | The Administrator of Veterans Affairs should instruct the Chief Benefits Director to determine, in consultation with the VA General Counsel, the need for and fundamental fairness of qualifying correspondence only to Filipino veterans and their survivors residing in the Philippines giving consideration to Board of Veterans Appeals objections to the qualifying statement used in notifying an individual of appellate hearing rights. |
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Veterans Administration | The Administrator of Veterans Affairs should instruct the Chief Benefits Director to determine, in consultation with the VA General Counsel, the need for and fundamental fairness of qualifying correspondence only to Filipino veterans and their survivors residing in the Philippines giving consideration to the equity in using any qualifying statements pertaining to forfeiture hearing rights. |
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
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Topics
Eligibility determinationsEmployee survivors benefitsPolicy evaluationQuestionable paymentsRight to due processVeterans benefitsVeteransHearingsAppealsBeneficiaries