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HEARING ON PENDING NOMINATIONS 

HEARING 

BEFORE THE

COMMITTEE ON VETERANS’ AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

FIRST SESSION 

NOVEMBER 6, 2013 

Printed for the use of the Committee on Veterans’ Affairs 

( 

Available via the World Wide Web: http://www.fdsys.gov 

(II) 

COMMITTEE ON VETERANS’ AFFAIRS 

BERNARD SANDERS, (I) Vermont, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

PATTY MURRAY, Washington 

SHERROD BROWN, Ohio 

JON TESTER, Montana 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

MAZIE HIRONO, Hawaii 

RICHARD BURR, North Carolina, Ranking 

Member 

JOHNNY ISAKSON, Georgia 

MIKE JOHANNS, Nebraska 

JERRY MORAN, Kansas 

JOHN BOOZMAN, Arkansas 

DEAN HELLER, Nevada 

STEVE ROBERTSON, Staff Director 

LUPE WISSEL, Republican Staff Director 

(III) 

C O N T E N T S 

NOVEMBER 6, 2013 

SENATORS 

Page 

Sanders, Hon. Bernard, Chairman, U.S. Senator from Vermont ........................ 1,2 

Burr, Hon. Richard, Ranking Member, U.S. Senator from North Carolina ....... 3 

Boozman, Hon. John, U.S. Senator from Arkansas .............................................. 4 

Heller, Hon. Dean, U.S. Senator from Nevada ..................................................... 5 

Blumenthal, Hon. Richard, U.S. Senator from Connecticut ................................ 45 

WITNESSES 

Reed, Jon. Jack, U.S. Senator from Rhode Island ................................................ 1 

Gibson, Sloan D., MA, MPA, Nominee to be Deputy Secretary of Veterans 

Affairs, U.S. Department of Veterans Affairs .................................................... 6 

Prepared statement .......................................................................................... 8 

Response to prehearing questions submitted by Hon. Bernard Sanders ..... 9 

Questionnaire for Presidential nominees ....................................................... 15 

Letters from the Office of Government Ethics ............................................... 38 

Letter from the Designated Agency Ethics Official, U.S. Department of 

Veterans Affairs ............................................................................................ 40 

Letter from the nominee to the Office of General Counsel, U.S. Department of Veterans Affairs .............................................................................. 41 

Schwartz, Linda S., RN, MSN, DrPH, FAAN, Nominee to be Assistant Secretary for Policy and Planning, U.S. Department of Veterans Affairs ............ 47 

Prepared statement .......................................................................................... 49 

Response to posthearing questions submitted by Hon. Bernard Sanders ... 51 

Questionnaire for Presidential nominees ....................................................... 55 

Letters from the Office of Government Ethics ............................................... 81 

Letter from the Designated Agency Ethics Official, U.S. Department of 

Veterans Affairs ............................................................................................ 83 

Letter from the nominee to the Office of General Counsel, U.S. Department of Veterans Affairs .............................................................................. 85 

Tobias, Constance B., JD, Nominee to be Chairman, Board of Veterans’ Appeals, U.S. Department of Veterans Affairs ...................................................... 87 

Prepared statement .......................................................................................... 89 

Response to prehearing questions submitted by Hon. Bernard Sanders ..... 91 

Questionnaire for Presidential nominees ....................................................... 94 

Letter from the Office of Government Ethics ................................................. 104 

Letter from the nominee to the Office of General Counsel, U.S. Department of Veterans Affairs .............................................................................. 105 

APPENDIX 

Reed, Richard, NSO, Veteran Service Director, Vermont Office of Veterans 

Affairs; letter ........................................................................................................ 111 

Gillis, Catherine L., Ph.D., RN, FAAN, Dean and Helene Fuld Health Trust 

Professor of Nursing, Vice Chancellor for Nursing Affairs, Duke University 

School of Nursing; letter ...................................................................................... 112 

Tri-Council for Nursing; letter ................................................................................ 114 

(1) 

HEARING ON PENDING NOMINATIONS 

WEDNESDAY, NOVEMBER 6, 2013 

U.S. SENATE, COMMITTEE ON VETERANS’ AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 10:05 a.m., in room 

418, Russell Senate Office Building, Hon. Bernard Sanders, Chairman of the Committee, presiding. 

Present: Senators Sanders, Blumenthal, Burr, Boozman and 

Heller. 

OPENING STATEMENT OF HON. BERNARD SANDERS, 

CHAIRMAN, U.S. SENATOR FROM VERMONT 

Chairman SANDERS. My apologies for being late. We want to 

thank Senator Reed and Mr. Gibson for being here. 

Today we have an important hearing. We are going to be discussing some very important VA appointees and we are going to 

get to that in a second. 

Let me begin by thanking Senator Reed for being here; I look forward to hearing what you have to say. Senator, it is all yours. 

STATEMENT OF HON. JACK REED, 

U.S. SENATOR FROM RHODE ISLAND 

Senator REED. Thank you very much, Mr. Chairman, Senator 

Burr, and all the Members of the Committee. 

I have the great honor and privilege to introduce Sloan Gibson, 

President Obama’s nominee to be Deputy Secretary of the Department of Veterans Affairs. 

I have known Sloan for many years and know him to be someone 

who is deeply committed to our servicemembers and veterans, and 

to their families. Sloan is joined today by his wife Margaret and 

their daughter Celia; their daughter Laura could not be here today 

but she is certainly here in spirit. 

Sloan has over 30 years of management and leadership experience in the private sector, but his career started with the ideals of 

duty, honor, country. Those ideals he upholds everyday. 

They were instilled in him as a young cadet at West Point. 

He graduated in the class of 1975. Was commissioned as an infantry officer, earned both his airborne and ranger qualifications, 

served as a training development officer at the Army Infantry 

School at Fort Benning, GA. Then after his distinguished military 

service, went on to earn a Master’s Degree in economics from the 

University of Missouri and later a Master’s Degree in public administration from the Kennedy School of Government at Harvard. 

2 

Sloan has extensive experience in the banking sector where he 

managed large organizations, oversaw strategic development and 

was held accountable to investors every quarter. 

He currently serves as the president and CEO of the USO, or 

United Service Organizations, an organization that we all know 

has for many decades lifted the spirits of our servicemembers in 

every corner of the globe. 

With his personal commitment and dedicated leadership over the 

last 5 years, Sloan has transformed the USO, expanding its global 

and local presence, broadening its services and programming not 

just for deployed troops but also for wounded warriors and their 

families. He has built enduring partnerships with countless nonprofit organizations, the Congress, the Department of Defense, and 

the White House. 

His application of sound business practices has enabled the USO 

to measure the impact of its program by focusing on outcomes and 

effectiveness, not just on the number of activities and services 

provided. 

All of these experiences will enable him to successfully assist 

Secretary Shinseki in leading the Department of Veterans’ Affairs. 

Mr. Chairman, you know that it is vitally important to have 

leaders at the VA who can effectively run such a large organization 

while understanding the needs of the veterans whom they serve. 

In my view, Sloan has the right combination of skills and expertise to make him well qualified for his position. I know every decision he makes will be made in the context of the young men and 

women who wear the uniform of the United States or who have 

worn the uniform of the United States. It will be all about them 

because he is all about them. 

With that, I would urge his consideration and nomination. 

Thank you, Mr. Chairman. 

CONTINUING STATEMENT OF HON. BERNARD SANDERS, 

CHAIRMAN, U.S. SENATOR FROM VERMONT 

Chairman SANDERS. Well, Senator Reed, thank you very much 

for your work for our military and for VA. We appreciate it. 

Let me make a short statement. Then I will give it over to Senator Burr and then we will get to Mr. Gibson. 

In my view as I have stated many times, I think VA does a very 

good job in providing quality, cost-effective health care to our veterans. We also know that the VA has a number of problems that 

this Committee is going to continue working hard to try to improve. 

Everybody is aware that as we move from a paper to paperless 

claims benefit system, it still takes too long. This Committee is 

going to be working with VA to expedite that process to make sure 

that every veteran gets the benefits he or she is entitled to in a 

reasonable period of time. 

We also know it takes the Board too long to decide appeals. We 

know VA and DOD—and this Committee has discussed this endlessly and will continue to stay on this issue—have spent years on 

an integrated electronic health record with very little to show for 

it except maybe spending hundreds of millions of dollars and no 

one is quite sure where that money has gone. 

3 

We know that VA has difficulty managing major construction 

projects. They constantly end up with huge cost overruns. We want 

to know why that is. 

We know far too many veterans do not know about the benefits 

and health care for which they are entitled. You and I chatted 

about that. I think VA is now doing a much better job in outreach 

but we still have to move on that issue and others. 

So, the bottom line is you have a huge bureaucracy and a very 

large budget. I think the average veteran in this country believes 

VA is doing a good job, in terms of health care at least but we can 

do better. 

As you know, if confirmed, you will be the second highest-ranking person at VA. That position has traditionally been VA’s chief 

operating officer. 

Mr. Gibson, the individual who fills this position must be able to 

oversee and ensure the optimal functions of and seamless collaboration among all of VA’s offices, including its health care system, 

benefits program, and national cemeteries. That is no small job. 

As you know, this individual has traditionally served as the Department’s lead in collaborative efforts with DOD, an enormous 

issue, because many of us believe that we are dealing with one 

human being not two separate entities here. So, the job that you 

are applying for is of enormous consequence. 

So, I am going to end there and turn the mic over to Senator 

Burr. 

STATEMENT OF HON. RICHARD BURR, RANKING MEMBER, 

U.S. SENATOR FROM NORTH CAROLINA 

Senator BURR. Thank you, Mr. Chairman. 

Mr. Chairman, I want to start by pointing out that I did ask for 

a delay in the hearing for one of the nominees and the reason is 

because we have not yet received documents that the Committee 

has been requesting since last year. 

Now, let me make it perfectly clear. I will need to hold another 

hearing after I receive the information, if I receive the information, 

so that we have an opportunity to ask informed questions which I 

cannot do today. 

Although I am not sure what the impact will be on the current 

slate of nominees, I hope in the future we will proceed more deliberately when considering nominations. 

Now, turning to why we are here today: Sloan Gibson is a great 

nominee. As a board member of West Point, he starts off with good 

credentials. He served a distinguished banking career in North 

Carolina—I am not sure why he ever left and went to Georgia and 

Alabama but it was our loss. 

I also want to point out some of the challenges that would be 

faced by anyone assuming a leadership role at the VA. Hundreds 

of thousands of veterans and their families are waiting in a backlog 

of disability claims, and the time it takes to resolve an appeal is 

a major concern. 

VA continues to struggle with the future of the integrated electronic health records and modernization of VistA. Several recent 

quality management issues at VA medical facilities including misuse of insulin pens, an outbreak of Legionella, and delays in paVerDate Nov 24 2008 14:34 Jun 13, 2014 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 H:\ACTIVE\110613.TXT PAULIN
4 

tient care have unfortunately resulted in patient harm and patient 

death. 

VA’s construction program, as the Chairman pointed, has been 

plagued with problems including delays in building medical centers, mismanagement of leases for health care centers, and an unclear path forward on how to deal with VA’s list of $60 billion in 

construction projects. 

Considering the impact that all of these issues and other problems at VA can have on veterans, their families, and their survivors, it must be a priority for VA’s entire leadership team to get 

it under control. 

I also want to mention that as part of an oversight role, the Committee often asks for information from VA about its operations; but 

in recent years we have run into long delays trying to get 

responses. 

In fact, this year VA has not responded to dozens of questions 

about its budget requests, inquiries about bills we considered back 

in June, and a request more than 6 months ago for the results of 

a survey of VA mental health providers. 

All of these issues are absolutely crucial, and the Committee’s 

role and function is stymied when the agency will not provide those 

documents requested. 

So, I want to make it clear to the nominees today, if you are confirmed, you will be expected to provide the Committee with timely 

responses to our requests. This information is critical in helping us 

understand what is working well, what is not, and what changes 

may be needed to help improve the lives of veterans across the 

Nation. 

Mr. Chairman, I pledge with you to work with Mr. Gibson once 

he is nominated to not only solve the challenges of our requests but 

to solve the challenges and problems at the VA. 

I thank the Chair. 

Chairman SANDERS. Thank you, Senator Burr. 

Senator Boozman. 

STATEMENT OF HON. JOHN BOOZMAN, 

U.S. SENATOR FROM ARKANSAS 

Senator BOOZMAN. Thank you, Mr. Chairman, and again it is 

good to have you here, Mr. Gibson. I apologize that we had a meeting scheduled and it did not work out. Hopefully, we will get that 

done within the near future. But we do appreciate your willingness 

to step in and be helpful. 

You have an excellent reputation and I know that I can speak 

for the entire Committee in a very bipartisan way—which this 

Committee is very much that way—that we will help you any way 

we can. On the other hand, in a very bipartisan way we are going 

to hold you accountable. 

As has been mentioned already, there are lots of challenges; and 

this is just so, so very important. So again, I think our commitment 

is about working together, all of us, you know. We actually can get 

some of these things solved and it is time to get some of these 

things solved. 

So again, we appreciate your willingness to serve and look forward to working with you in the future. Thank you. 

5 

Chairman SANDERS. Thank you, Senator Boozman. 

Senator Heller. 

STATEMENT OF HON. DEAN HELLER, 

U.S. SENATOR FROM NEVADA 

Senator HELLER. Thank you, Mr. Chairman and Senator Burr, 

for holding this hearing today. 

I want to begin by welcoming our nominees, Mr. Gibson, Ms. 

Tobias, and Dr. Schwartz as they prepare to testify and answer 

questions that this Committee may have. 

It is a great honor to serve veterans. I look forward to hearing 

from each of them about what they would do and what they would 

bring to the VA, if confirmed, to make it work as effectively as possible for our veterans. 

As we approach Veterans Day, we must remember the promise 

we made to our veterans: to care for them and their families, both 

during their service and, of course, after they return from war. 

George Washington once said, ‘‘The willingness with which our 

young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive veterans 

of earlier wars were treated and appreciated by their Nation.’’ 

So, it is no secret to anyone here that the way we as a nation 

honor and appreciate our veterans for their sacrifice is through ensuring that they are cared for by providing compensation for their 

wounds incurred during service both visible and invisible. 

It is my feeling that as long as we have veterans waiting more 

than 125 days on a claim for disability compensation, we have not 

fulfilled America’s promise to our veterans. 

Nationwide over 400,000 veterans are stuck in the backlog. Nevada’s VA regional office has 6,700 pending claims, more than 

4,200 of those which have waited longer than 125 days, which is 

VA’s deadline for making a decision on a claim. 

So, even more for me as the Senator from Nevada, I note the VA 

offices in Reno, Las Vegas, and across the State have our veterans 

waiting 458 days on average to receive a decision on their claims. 

This is the longest waiting time in the Nation. For me and I think 

for all of us here, it is simply unacceptable. 

I bring this up because should you be confirmed, each nominee 

before the Committee today will have an opportunity to positively 

contribute to the reduction of backlog claims in VA. 

I realize there is no easy, permanent fix for the claims backlog, 

not obviously a single fix, but eliminating the backlog will require 

effective management from VA’s leadership, a coordinated effort 

throughout the VA, and the assistance of legislators, veterans, and 

veterans service organizations. 

So, it is my hope that each of these nominees, as well as my colleagues on the Committee will bear this in mind when considering 

the responsibilities associated with each of these positions. 

Thank you, Mr. Chairman. 

Chairman SANDERS. Thank you, Senator Heller. 

Mr. GIBSON. I know that you have your family with you. If you 

would be so kind as to introduce them, we would appreciate that. 

6 

Mr. GIBSON. Thank you, Mr. Chairman. I am joined by my wife 

of 31 years Margaret, our older daughter Celia and her fianc ́e, Michael Moran. 

I also have several friends here from the USO, Jennifer Giglio 

and John Hanson, in particular. John is a former Assistant Secretary at VA and both of them have really been essential to helping 

me prepare for this hearing. 

I think everyone would realize that I would not be able to take 

on the prospect of this kind of an assignment and responsibility 

without the support of a loving family, and I am very grateful for 

that support. 

Thank you, Mr. Chairman. 

Chairman SANDERS. Well, we thank your family and friends for 

being with us on this important day. 

Mr. Gibson, under the rules of the Committee, the testimony of 

all Presidential nominees appearing before the Committee must be 

taken under oath. I would ask that you stand and raise your right 

hand. 

Do you solemnly swear or affirm that the testimony you are 

about to give before the Senate Committee on Veterans’ Affairs will 

be the truth, the whole truth, and nothing but the truth, so help 

you God. 

Mr. GIBSON. I do swear. 

Chairman SANDERS. Thank you. Please be seated. 

I suspect that Members will be in and out. It is a particularly 

busy day. 

Mr. Gibson, please make your statement. 

STATEMENT OF SLOAN D. GIBSON, MA, MPA, NOMINEE TO BE 

DEPUTY SECRETARY, U.S. DEPARTMENT OF VETERANS 

AFFAIRS 

Mr. GIBSON. Thank you, Mr. Chairman, and I would also like to 

thank Senator Reed, even though he is no longer present. 

One of the great privileges of working at the USO these last 5 

years is the opportunity to get to know and work closely with great 

public servants like Jack Reed. 

Chairman Sanders, Ranking Member Burr, distinguished Members of the Committee on Veterans’ Affairs, thank you for this opportunity to seek your endorsement to become Deputy Secretary of 

Veterans Affairs. 

I have met with most of you. I have met with both of you individually and appreciate your strong support for veterans and for the 

mission of the Department of Veterans Affairs. I have listen carefully to your concerns and advice and have benefited from your 

counsel. 

I am honored by President Obama’s nomination to serve as Deputy Secretary and I appreciate the confidence that both President 

Obama and Secretary Shinseki have shown in my ability to make 

a meaningful difference for veterans and their families. 

I am fully committed to the priority set forth by the President 

and the Secretary, and if confirmed, will do my utmost to ensure 

that they are achieved. 

I want to acknowledge the leadership of Secretary Shinseki, the 

hard work of many thousands of dedicated professionals at VA, and 

7 

the unwavering support from the President and Congress, including this Committee. 

Remarkable progress has been made in improving veteran access 

to VA services, transforming the benefit claims process, reducing 

veteran homelessness, among many other areas. 

As a veteran and one who cares deeply about the welfare of our 

veterans and their families, I want to express my gratitude for the 

passion, the commitment, and sustained support all of you continue 

to provide. 

If confirmed, I will be proud to work alongside the men and 

women at VA as well as the Members of this Committee to deliver 

the very best possible support to America’s veterans and their families. 

If confirmed, I would expect to serve as the chief operating officer, working under the Secretary’s direction to manage day-to-day 

operations at the department. 

My business experience in both for-profit and not-for-profit sectors provides a strong background for this role. The discipline and 

accountability of regularly meeting a bottom line and delivering results measured against the expectations of a range of stakeholders 

has built the skills and knowledge I would bring to discharging 

these responsibilities. 

In addition, I bring a passion for serving America’s veterans and 

their families. Because of my close association with today’s troops 

and families through my work at the USO, I believe that I have 

useful insights into meeting our needs. 

Through this work, I have also built close working relationships 

with senior Department of Defense leaders and believe that experience could be helpful as VA and DOD continue to collaborate to 

meet the needs of transitioning troops and their families. 

I also had the privilege of working with Members of Congress to 

support troops and military families. I understand the importance 

of these relationships and the need for regular dialog. If confirmed, 

I look forward to engaging with this and other Committees. 

Having led a non-profit organization supporting the military, I 

bring an understanding of how veterans service organizations and 

other nongovernment organizations can and do work collaboratively 

with government departments to accomplish more for those they 

serve. If confirmed, I would support VA’s continued collaboration 

with these vital partners. 

I am especially proud of how the USO supported the changing 

needs of today’s troops and military families. Our efforts on behalf 

of wounded and injured troops, their families and caregivers, and 

families of the fallen have been especially meaningful. 

We came to understand that healing is about more than what 

happens in an operating room or physical therapy room. It involves 

not just the wounded warrior but the entire family. USO’s programs and facilities are designed to sustain hope and instill confidence in a happy and fulfilling future, to keep families together 

and to keep them strong, to build a plan for the future, either 

through continuing education or a new career, and to provide a 

support network in the event that progress falters. 

8 

Much of this work is accomplished through collaborative relationships with best-in-class organizations, some of whom are represented in this room today. 

We establish clear goals and measurements to ensure that we 

are meeting the needs of troops and families and delivering on our 

promise. Service organizations, such as the one I have led the last 

5 years, must be both effective at delivering measurable outcomes 

for those that it serves, as well as efficient in the use of resources. 

Trust is earned when these two objectives are consistently met, 

the trust of the people served as well as the trust of those who invest resources in the enterprise. VA exists to serve veterans and 

success is defined by veterans and measured in terms of individual 

veteran outcomes. 

If confirmed, I will work with the thousands of dedicated professionals at the VA to achieve continued success on these terms as 

well as to ensure that the VA continues to be the good steward of 

the precious resources entrusted to it. Our veterans deserve it, and 

you and the American people expect nothing less. 

I thank this Committee for its long history of unwavering bipartisan commitment to veterans. If confirmed, I look forward to working with you to fulfill that commitment. 

Thank you, Mr. Chairman. 

[The prepared statement of Mr. Gibson follows:] 

PREPARED STATEMENT OF SLOAN D. GIBSON, NOMINEE FOR DEPUTY SECRETARY, 

U.S. DEPARTMENT OF VETERANS AFFAIRS

Chairman Sanders, Ranking Member Burr, and Distinguished Members of the 

Committee on Veterans’ Affairs, Thank you for this opportunity to seek your endorsement to become Deputy Secretary of Veterans Affairs. I have met with many 

of you individually and appreciate your strong support for Veterans and for the mission of the Department of Veterans Affairs. I’ve listened carefully to your concerns 

and advice and have benefited from your counsel. 

I am honored by President Obama’s nomination to serve as Deputy Secretary and 

I appreciate the confidence that both President Obama and Secretary Shinseki have 

shown in my ability to make a meaningful difference for Veterans and their families. I am fully committed to the priorities set forth by the President and the Secretary and, if confirmed, will do my utmost to ensure they are achieved. 

I want to acknowledge the leadership of Secretary Shinseki, the hard work of 

many thousands of dedicated professionals at VA, and the unwavering support from 

the President and Congress, including this Committee. Remarkable progress has 

been made in improving Veteran access to VA services, transforming the benefit 

claims process, and reducing Veteran homelessness, among many other areas. As 

a Veteran and one who cares deeply about the welfare of Veterans and their families, I want to express my gratitude for the passion, commitment, and sustained 

support all of you continue to provide. If confirmed, I will be proud to work alongside the men and women at VA as well as the Members of this Committee to deliver 

the very best support to America’s Veterans and their families. 

If confirmed as Deputy Secretary, I would expect to serve as chief operating officer, working under the Secretary’s direction to manage day-to-day operations of the 

Department. My business experience in both for-profit and not-for-profit sectors provides a strong background for this role. The discipline and accountability of regularly meeting a bottom line and delivering results that meet the expectations of a 

range of stakeholders has built the skills and knowledge I would bring to discharging these responsibilities. 

In addition, I bring a passion for serving America’s Veterans and their families 

and because of my close association with today’s troops and families through my 

work at the USO, I believe I have useful insights into meeting their needs. Through 

this work I have also built close working relationships with senior Department of 

Defense leaders and believe that experience could be helpful as VA and DOD continue to collaborate to meet the needs of transitioning troops and families. I have 

also had the privilege of working with Members of Congress to support troops and 

9 

military families. I understand the importance of these relationships and the need 

for regular dialog. If confirmed, I look forward to participating in this process of engagement with this and other committees. 

Having led a non-profit organization supporting the military, I bring an understanding of how Veterans Service Organizations and other non-governmental organizations can and do work collaboratively with government departments to accomplish more for those they serve. As I know has been a priority for Secretary 

Shinseki, if confirmed, I would support VA’s continued collaboration with these important partners. 

I’m especially proud of how the USO has supported the changing needs of today’s 

troops and military families. Our efforts on behalf of wounded, ill and injured 

troops, their families and caregivers and families of the fallen have been especially 

meaningful. In particular, we came to understand that healing is about more than 

what happens in an operating room or a physical therapy facility and involves not 

just the wounded warrior but the entire family. USO’s programs and facilities are 

designed to sustain hope and instill confidence in a happy and fulfilling future, keep 

families together and keep them strong, build a plan for the future either through 

continuing education or a new career, and provide a support network in the event 

progress falters. Much of this work is accomplished through collaborative relationships with best-in-class organizations allowing us to be both effective and efficient 

at meeting these objectives. We established clear goals and measurements to ensure 

we were meeting the needs of troops and families. Our focus on outcomes—not simply outputs—assured USO customers and donors that we were delivering on our 

promise. 

Service organizations, such as the one I have led the past five years, must be both 

effective at delivering measurable outcomes for those it serves as well as efficient 

in the use of resources. Trust is earned when these two objectives are consistently 

achieved—the trust of the people served as well as the trust of those who invest 

resources in the enterprise. VA exists to serve Veterans. I believe, and it is clear 

to me that the Secretary and VA senior leaders believe, VA’s success is defined by 

Veterans and measured in terms of individual Veteran outcomes. If confirmed, I will 

work with the thousands of dedicated professionals at VA to achieve continued success on these terms as well as to insure that VA continues to be a good steward 

of the precious resources entrusted to it. Our Veterans deserve it and you and the 

American people expect nothing less. 

I thank this Committee for its long history of unwavering, bipartisan commitment 

to Veterans. If confirmed, I look forward to working with you to fulfill that commitment. 

RESPONSE TO PREHEARING QUESTIONS HON. BERNARD SANDERS TO SLOAN D. 

GIBSON, NOMINEE TO BE DEPUTY SECRETARY, U.S. DEPARTMENT OF VETERANS

AFFAIRS

Question 1. Have you discussed with Secretary Shinseki the duties he would like 

you to perform, or the role he would like you to assume, as Deputy Secretary if you 

are confirmed? 

Response. Yes. The Secretary expects me, if confirmed, to serve as the Chief Operating Officer with responsibility for the day-to-day operation of the Department. 

Question 2. Will you have a policymaking role at VA independent of the 

Secretary? 

Response. No, unless tasked by the Secretary to address a specific issue. I would 

expect to support the Secretary’s policymaking role by sharing my views during the 

policy development process and ensuring that policy decisions are communicated 

and implemented throughout VA. 

Question 3. Will you be VA’s Chief Operating Officer? If so, please describe in detail what you understand the position of COO to be, both generally and with specificity as to VA. 

Response. Yes. The Secretary sets the broad direction and the strategic goals for 

the organization. If confirmed as Deputy Secretary, I would expect to be responsible 

for ensuring continued alignment of the organization with the Secretary’s goals 

through participation in the Department’s processes that establish subordinate goals 

and objectives, develop operating and financial plans to achieve the goals, ensure 

metrics are in place that accurately measure progress, monitor execution of the 

plans and performance against the goals, provide ongoing direction and needed 

course correction to ensure goals are met, and ensure the mechanisms for accountability are effective. I would also expect to actively facilitate collaboration both inVerDate Nov 24 2008 14:34 Jun 13, 2014 Jkt 000000 PO 00000 Frm 00013 Fmt 6633 Sfmt 6621 H:\ACTIVE\110613.TXT PAULIN
10 

ternally and externally. From the high level briefings I have received, I know former 

Deputy Secretary Gould and Chief of Staff Riojas have established a strong track 

record in these areas and if confirmed, I would look to continue their important 

work. 

Question 4. Apart from what you and the Secretary have discussed with respect 

to your duties, have you formulated any thoughts on what your specific responsibilities will be as Deputy and how you will approach them? 

Response. If confirmed, I will first want to ensure that I am the most effective 

Deputy to the Secretary I can possibly be. That will require a close working relationship with the Secretary and a clear understanding of his expectations day to day. 

While I bring particular skills and knowledge to VA, I recognize that with an organization as large and complex as VA, that I have much to learn, especially during 

my early days and weeks. Actively seeking input, at all levels of the organization, 

and carefully listening to our Veterans and those that are supporting them each day 

will be essential. 

Question 5. What is your motivation to seek this position? 

Response. I hope to make a positive difference for America’s Veterans, their families and survivors. 

My father was a Veteran—a B–17 tail gunner in the European theater during 

World War II and later an officer in the Air Force. There was nothing of which he 

was more proud than his service to our country. My grandfather, a Veteran of World 

War I, was an infantry soldier in the 3rd Division, wounded by machine gun fire 

at the Battle of the Marne, the same battle where today’s 3rd Infantry Division 

earned its nickname ‘‘Rock of the Marne.’’ Perhaps the proudest moment of his life 

was when he received the decorations to which he was entitled, including the Purple 

Heart, at the age of 92. I served in uniform and have had the privilege over the 

past five years of leading an organization that has transformed its support for 

America’s Servicemembers and military families, especially for our wounded, ill, and 

injured Servicemembers, their families and caregivers and our families of the fallen. 

The opportunity to serve at VA, should I be confirmed, would be an extension of 

that work and I would bring the same passion to VA that has driven my work at 

the USO. 

Question 6. What do you see as the biggest challenges facing VA at this time— 

as to the Department as a whole, and specifically in VBA, VHA, and NCA? 

Response. For the Department as a whole, I believe the over-arching challenge is 

continuing the transformation already underway to become a 21st Century organization—people-centric, results-driven, and forward-looking. As it relates to VHA, 

VBA, and NCA, their top challenges are to continue to focus on achieving the aggressive and ambitious goals the Secretary has set forward to improve access, eliminate the claims backlog, and end Veteran homelessness. 

Question 7. What will be your top three priorities after assuming the role of Deputy Secretary? 

Response. If confirmed, my first order of business would be to learn more about 

the Department. Beyond that, I would expect to work closely with the Secretary, the 

Chief of Staff and other senior leaders within the Department to 1) improve access 

of Veterans to VA benefits and services, 2) eliminate the claims backlog, and 3) end 

Veteran homelessness. 

Question 8. What specific experiences from your prior professional positions do 

you believe have prepared you to manage VA? 

Response. My business experience in both for-profit and not-for-profit sectors instilled the discipline and accountability that follows from regularly meeting a bottom line and delivering results that meet the expectations of a range of stakeholders. 

I bring a passion for serving America’s Veterans and their families. Because of 

my prior service in uniform and my close association with today’s Servicemembers 

and families through my work at the USO, I believe I have useful insights into 

meeting the needs of Veterans and their families. I have built close working relationships with senior Department of Defense leaders and believe that experience 

could be valuable as VA and DOD continue to collaborate to meet the needs of transitioning Servicemembers and their families. I have also worked with Members of 

Congress to support our Servicemembers and military families. I understand the importance of these relationships and the need for productive exchanges of information. Having led a non-profit organization supporting the military, I also bring an 

understanding of how Veterans Service Organizations (VSOs) and other non-governmental organizations can best work collaboratively with government departments to 

accomplish more for those they serve. 

11 

Service organizations, such as the USO, must be both effective at delivering measurable outcomes for those it serves as well as efficient in the use of resources. Trust 

is earned when these two objectives are consistently achieved—the trust of the people served as well as the trust of those who invest resources in the enterprise. I 

believe my organizational experience in the effective and efficient delivery of measurable outcomes would be directly relevant to VA. 

Question 9. If confirmed, what efforts will you undertake to make certain that VA 

is aware of, and responsive to, the needs of the veterans’ community? Do you plan 

to meet regularly with veterans’ organizations? 

Response. I believe it is vital for the senior leaders of any organization to actively 

and continuously seek input from those it serves, from front line staff, and from others that have strong vested interests in outcomes. I know that the Secretary also 

shares this commitment and during his tenure has regularly met with the leaders 

of national VSOs, speaks at VSO conventions and other meetings, and engages Veterans and VA’s workforce in the field as he travels to VA facilities. Consistent with 

the Secretary’s approach, if confirmed, I would expect to regularly spend time speaking directly with Veterans and their families, VA’s employees, and, together with 

the Secretary, with the leaders of the many great VSOs that do so much to support 

Veterans and their families every day. 

Question 10. How would you, as Deputy Secretary, work with the Office of Inspector General? The Office of the General Counsel? 

Response. I look forward to working closely with the General Counsel’s Office to 

ensure that VA actions comport with all applicable laws and regulations. I also appreciate the important role of the Office of Inspector General in oversight review 

to improve the economy, effectiveness and efficiency of VA programs, and to prevent 

and detect criminal activity, waste, abuse and fraud. I anticipate a candid and supportive relationship that serves the interests of Veterans and stakeholders. If confirmed, I look forward to meeting with the Inspector General and the General 

Counsel. 

Question 11. Are you more of a hands-on manager or do you tend to rely on significant delegation? Do you seek to achieve consensus with those on your management team before making a decision or do you generally gather relevant information 

and input, and then make a decision? 

Response. Results are what matters. A good executive adapts his management 

style to the immediate situation at hand. My preferred style is to delegate and monitor progress. When an organization is staffed with strong leaders, they need the 

space to innovate and develop their own approach to delivering results against established goals. When expected results are not being delivered, a more hands-on approach is warranted. 

It is preferable to pursue consensus, seeking buy-in from those who will be 

charged with delivering results. There are occasions, such as times of crisis, where 

this may not always be feasible. 

Question 12. VA has long had the reputation of being a stovepipe organization. 

Please describe how you intend to work with the three Under Secretaries and with 

the various Assistant Secretaries to ensure that all components of the Administration and organizations are working together to achieve a ‘‘One VA’’ focus. 

Response. The transition to an integrated, collaborative organization, something 

I know is a priority to the Secretary, begins with a true customer focus as I believe 

is reflected in the Department’s Strategic Plan. Metrics that gauge performance relevant to individual Veteran outcomes with clear lines of accountability that transcend organizational boundaries are essential. Some training, delegation, and certain forcing functions may be required. If confirmed, I look forward to working with 

the Secretary and other senior leaders on their ongoing efforts to strengthen VA capabilities through both internal and external collaboration. 

Question 13. Do you anticipate having a role in selecting other political appointees 

to VA? What are your views on the key qualifications for such individuals? 

Response. If confirmed, I would welcome the opportunity to provide input into the 

selection of political appointees. While strong leadership and management skills and 

a powerful intellect are essential, I would also place emphasis on passion for serving 

Veterans, the specific knowledge and skills immediately required in the position, 

and drive and determination to make a real difference. 

Question 14. As you might know, VA health care dollars are appropriated two 

years in advance. Do you support appropriating funds for two years rather than annually for the remainder of VA’s appropriations—both mandatory and discretionary? 

Response. I am aware that VA has benefited from receiving advance appropriations for Medical Care programs. However, I would want to understand more about 

12 

this issue before providing more detailed views on any expansion of the accounts 

included in advance appropriation. 

Question 15. Despite many efforts, there appear to be continued challenges in 

communicating effectively with returning OEF/OIF veterans on the availability of 

VA services and benefits. What do you believe VA can do to help ensure that transition from active duty is as seamless as possible and that returning Servicemembers 

know about what VA has to offer them? 

Response. I believe several noteworthy steps have already been taken to ensure 

returning Servicemembers are aware of VA benefits and services. The VA benefits 

briefings included in the now mandatory and enhanced Transition Assistance Program are clearly a step in the right direction. I’m also aware of the DOD requirement that all Servicemembers have access to the eBenefits portal. This would seem 

to be a great step forward in meeting the VA information needs of all Servicemembers, including OEF/OIF Veterans. Certainly, new media outreach, advertising 

and social networking also helps raise awareness. I believe it is also important for 

Veterans and the public to be aware of the positive experience Veterans have at VA 

every day and I know the Department is taking additional steps to share this important information. Perhaps the most powerful channel is word of mouth. For any 

service organization, customer satisfaction with the service experience determines 

what customers tell others. 

Question 16. VA must continue to make progress in improving the timeliness and 

quality of VA’s claims adjudication process. What recommendations do you have to 

complement existing transformation efforts? 

Response. Our Veterans deserve timely, accurate, and fair resolution of their 

claims. That is the basis for the Secretary’s priority to eliminate the claims backlog 

in 2015. I have received a very general briefing and read other publicly available 

materials summarizing the people, process, and technology transformation underway at VBA. I have also observed the recent trends in backlog reduction. If confirmed, I look forward to learning much more about this transformation, including 

having the opportunity to speak with Veterans with recent experience submitting 

claims, visiting Regional Offices to speak with those processing claims, and meeting 

with VSOs to better understand the vital role they are playing in this important 

work. 

Question 17. VA’s Deputy Secretary currently serves as the Co-Chairman of the 

VA/DOD Joint Executive Committee along with the Under Secretary of Defense for 

Personnel and Readiness. How would you view your role as Co-Chairman? What priorities would you bring to this position for improving the level of collaboration and 

cooperation between VA and DOD? 

Response. I believe the role of the Co-Chairman is to provide the leadership that 

sets the context for a strong collaborative relationship, and ensures the Joint Executive Committee is focused on the right issues and that plans are in place, including 

metrics and milestones, to resolve any issues. Where obstacles arise on joint VA/ 

DOD issues that cannot be resolved at the staff level, it is important that they be 

elevated to the co-chair level for resolution. 

I have worked closely and built strong relationships with senior DOD leaders over 

the past five years. I believe it is important to harness the shared concern for transitioning Servicemembers, Veterans, and their families and develop a clear understanding of DOD’s perspective and priorities, and find ways to best serve transitioning Servicemembers and Veterans while also helping our collaborative partners 

achieve their desired outcomes. 

Question 18. What role do you believe the VA/DOD Joint Executive Committee 

could play in addressing the needs of survivors of military sexual trauma? 

Response. I am aware that the VA and the Administration more broadly have 

made the issue of military sexual trauma (MST) a top priority including ensuring 

the fairness of the disability claims process as it relates to MST claims. I am aware 

that the JEC serves as an oversight forum for transition issues, among the many 

other important VA/DOD issues. I believe it is important that transitioning Servicemembers are made aware of the wide range benefits and services available to them 

as they become Veterans, including those related to providing health care and benefits for those who have been the victims of military sexual trauma. If confirmed, I 

look forward to learning more about the VA and DOD’s work in this area. 

Question 19. In 2012, over 62,600 veterans were homeless on any given night. If 

confirmed as Deputy Secretary, how would you ensure that VA’s homeless veterans 

programs are running efficiently? What role would you envision for yourself with 

regard to interagency and public-private efforts to end homelessness among veterans? 

13 

Response. While the elimination of Veteran homelessness requires interagency 

and public-private collaboration, I believe VA bears the direct responsibility for this 

important initiative. As a point person for interagency collaboration, I believe the 

Deputy Secretary should serve as a champion for the Secretary’s goal within government and with the community of potential external partner organizations. As with 

other initiatives, I believe monitoring the right Veteran-centered measurable outcomes and implementing continuous improvement processes are vital to success. If 

confirmed, this top priority of the Secretary would also be among my top priorities. 

Question 20. Over eight million veterans are enrolled in VA health care, over six 

million of which utilize the system. The size and scope of VA health care is the largest health care system in the country. However, often times, VA medical centers act 

like 152 separate corporations, rather than leveraging the benefits of being part of 

a system. 

a. What skills would you bring to VA to help implement a more systems-based 

approach to health care delivery? 

Response. I believe this is another opportunity for improved internal and external 

collaboration. While the size of VA’s health care enterprise creates management 

challenges, it also offers extraordinary potential to leverage best in class practices 

across a large delivery system. As with any initiative to improve collaboration, it 

should include a focus on customer outcomes, relentless measurement, continuous 

improvement processes, and accountability for results. If confirmed, I look forward 

to working closely with the Under Secretary for Health to increase collaboration inside the organization as well as learn more about our efforts to seek collaborative 

relationships with other leading health care quality organizations and to learn from 

other best—in-class health care organizations. 

b. Specifically, how would you advise the Secretary on improvements to the existing contracting and staffing processes to ensure care can be delivered efficiently and 

effectively to the veterans who need it? 

Response. I strongly believe in the Secretary’s efforts to continue to expand access 

to care for Veterans who have served this country. VA has taken significant steps 

to expand access both through the deployment of mobile health units and clinics and 

through the expansion of telehealth. In addition, when VA cannot provide the necessary care or when Veterans are not able to travel the distance from their home 

to the Medical Center, I understand that VA is able to purchase these services in 

the local community. If confirmed, I would want to learn more about these effort 

and other tools the agency is utilizing to ensure care can be delivered efficiently and 

effectively to Veterans. 

Question 21. Delivery of quality, effective, and timely mental health care remains 

a significant challenge to VA. While VA successfully completed the hiring of over 

1,600 new mental health professionals, much work remains to be done. 

a. If confirmed, how do you intend to work with the Under Secretary for Health 

to address this problem? 

Response. Over the past five years, particularly as the USO expanded support for 

wounded, ill, and injured Servicemembers and their families, I have been asked 

from time to time what kept me awake at night. My answer has always been the 

challenge in meeting all the behavioral health needs of our Servicemembers and 

families, including those transitioning out of the military. Our Veterans deserve 

timely, effective, and compassionate mental health care. VA is responsible for providing this care and accountable for meeting appropriate standards. VA delivers 

quality mental health care through its system of medical centers, clinics, Vet Centers, and other points of care. It has been clear to me that mental health care has 

been a priority for the Secretary and the Administration as a whole and they have 

made significant strides in this area while recognizing more work remains. 

b. Where do you think opportunities for improvement exist? 

Response. Hiring the additional mental health professionals is a very positive 

step, and I would like to recognize the Committee for your focus on this issue over 

the last number of years. When I consider organizational process, I think in terms 

of ‘‘inputs’’ leading to ‘‘activities,’’ which lead to ‘‘outputs,’’ ‘‘outcomes,’’ and finally 

‘‘impact.’’ In this context, the additional mental health professionals are a very important input. An informed view on opportunities for improvement would require 

much more in-depth knowledge of VA’s entire approach to mental health care—from 

inputs through impact—than I have at this time. This would include learning more 

about VA’s collaboration with other government agencies, non-profit organizations, 

the private sector, medical research institutions, and others. If confirmed, I assure 

the Committee that the issue of mental health care would be a priority for me. 

14 

Question 22. What would be your priorities for improving the integration and use 

of information technology (IT) to improve the delivery of VA benefits and services? 

Response. My priorities would be on ensuring the continued transition to an integrated, collaborative organization based on a true customer focus; continuing the 

drive to improving access of Veterans to VA benefits and services, eliminating the 

claims backlog, and ending Veteran homelessness. Two examples of projects that I 

know are a priority for the Department that reflect the importance they have placed 

on leveraging IT tools in benefits delivery are the VA’s paperless, electronic claims 

processing system, the Veterans Benefits Management System, and eBenefits, the 

DOD/VA web-based application for Servicemembers, Veterans, and their families to 

access information about benefits. 

Question 23. One of VA’s major IT initiatives is modernizing VistA to support the 

VA/DOD integrated electronic health records program. What role would you see 

yourself playing in this effort and in broader efforts around data sharing and interoperable health care records? 

Response. As an outside observer of the VA’s work in this area, I commend the 

Secretary for focusing on insuring our Veterans’ health care is based on availability 

of a complete and comprehensive record of their treatment history. This includes 

data from our Department of Defense partners, as well as data from providers nationwide who also render care to our Veterans. If confirmed, my role as Deputy Secretary will be to support the Secretary and buildupon VA’s successes in both expanding the types of data exchanged and the number of health care institutions participating in these exchanges. 

Question 24. VA is one of the largest property-holding Agencies in the government 

and has identified tens of billions in facility improvements that should be made to 

ensure that facilities are functional and safe. The Department has also faced project 

management challenges with major medical facility construction projects. What 

steps do you think VA can take to right size and upgrade its physical footprint in 

an effective way? 

Response. I am not yet sufficiently familiar with the capital asset portfolio to have 

well-informed opinions about right sizing and upgrading VA’s physical plant. I recognize this is a significant challenge and opportunity for the Department and if confirmed, I would look forward to learning more about VA’s long-term plan to ensure 

we have the safe and effective facilities needed to care for Veterans, now and long 

into the future. 

I am familiar with the recent GAO report addressing challenges with major medical facility construction projects and understand that the Department is taking action to implement each of the recommendations raised. If confirmed, I would look 

forward to learning more about the VA’s efforts to access best in industry practices 

for construction of major medical facilities. 

Question 25. Acquisition is one area where VA can do more to find financial efficiencies, yet there seem to be challenges in terms of timeliness and decentralized 

execution of policies, along with other issues. If confirmed as Deputy Secretary, 

what would your priorities be for ensuring efficient acquisitions Department-wide? 

Response. While I have not been fully briefed on these opportunities, I believe this 

is an excellent example of the potential for improved internal collaboration. I am 

aware of VA’s and the Administration’s emphasis on strategic sourcing, and support 

this as one way to leverage the Department’s and Federal spending and improve 

operational efficiencies. I am aware that as the Department has pursued this strategy they have focused on both the Secretary’s commitment to supporting service-disabled and Veteran-owned businesses and ensuring them the opportunity to compete 

in fulfilling the requirements. If confirmed, I look forward to learning more about 

VA’s work to leverage acquisition expertise and policy to achieve optimal efficiency 

and effectiveness throughout the Department. 

Question 26. Do you agree to supply the Committee with such non-privileged information, materials, and documents as may be requested by the Committee in its 

oversight and legislative capacities for so long as you serve in the position of Deputy 

Secretary? 

Response. If confirmed, I will work with senior leaders in the Department so that 

the Committee is provided with information in an accurate and timely manner so 

as to perform its important oversight and legislative responsibilities. 

Question 27. Do you agree to appear before the Committee at such times and concerning such matters as the Committee might request for so long as you serve in 

the position of Deputy Secretary? 

Response. Yes. 

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[Letters from the Office of Government Ethics follows:] 


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[A letter from the Designated Agency Ethics Official, U.S. Department of Veterans Affairs follows:] 


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[A letter from Sloan D. Gibson to the Office of General Counsel, 

U.S. Department of Veterans Affairs follows:] 

Chairman SANDERS. Thank you very much, Mr. Gibson. 

Let me begin by asking you a very simple question though it is 

an important question. I hope you will give a straightforward answer on it. In your judgment, very briefly, what is the VA doing 

today that they are doing very well and what are they doing today 

where we can see some significant improvements? So, I want your 

assessment of where we are today. In any institution as large as 

the VA, it is going to have its strengths. It is going to have its 

weaknesses. Please give me an honest assessment in your 

judgment. 

Mr. GIBSON. Yes, sir. Thank you for the question, sir. I think day 

in and day out today the VA is delivering great care and support 


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tens of thousands of times to veterans at VA medical centers, at 

community-based outpatient clinics, and through other means and 

channels. 

I think there are opportunities for the public to know more about 

all those great successes and the great work that VA is doing day 

in and day out which we talked about during our earlier visit. 

I think some of the most important work happening at VA today 

has to do with the transformation of VA to become a true 21st century organization, and therein lies some of the great progress that 

is being made as well as some of the opportunities for continued 

improvement. 

So as the investments in people, process, and technology continue 

to be made, we see progress in the benefits claims backlog which, 

of course, is a very serious problem, a very serious issue; but it is 

also an area where more than 200,000 claims in the backlog have 

been reduced over the last 8 months, really putting it on a great 

trajectory to meeting the Secretary’s very important goal. 

So, I think continuing that transformation, continuing the investment in people, process, and technology; continuing to focus on individual veteran outcomes are the areas where the greatest opportunity exists. 

Chairman SANDERS. And the weaknesses of the VA? 

Mr. GIBSON. I think the weaknesses are the other side of the coin 

in the transformation effort. You alluded to and others have alluded to the claims backlog. I do not think anyone at VA considers 

the wait times that exist today as being acceptable, and so there 

is a very significant opportunity for continued improvement and I 

think a lot of the investments that are being made put us on the 

right track there. 

Chairman SANDERS. Do you think that most veterans in this 

country know the benefits to which they are entitled? Has VA done 

as good a job as they should in reaching out and explaining to people what they are entitled to? 

Mr. GIBSON. Mr. Chairman, I think a lot of good work has happened over the last several years. The public service announcement 

work that is under way right now, social networking, the Web site, 

the e-Benefits initiative where servicemembers are establishing accounts while they are still on active duty, the VA component of the 

new expanded required transition assistance program, I think all 

of these are steps in the right direction. 

But clearly more work needs to be done. There are still many 

veterans out there that do not know what services are available to 

them, so there is more work to be done in that area. 

Chairman SANDERS. All right. Say a word on the very, very important issue of the relationship between VA and DOD, something 

that at least on this Committee we are very concerned about. 

Mr. GIBSON. Mr. Chairman, you said something during your remarks that I would be very quick to echo. In many respects we are 

serving and supporting the same person. There may be some chronological difference about timing there but it is still the same 

person. 

The best possible service and support to those men and women 

in uniform, to those transitioning servicemembers, happens when 

we engineer the most seamless transition that we possibly can. I 

43 

think that is what they deserve and I think that is what the American people expect. We have got work to do there. There have been 

great accomplishments, again, the e-Benefits area and the transition assistance program. 

Some of the other areas, the IDES, or Integrated Disability Evaluation System work, some of the crisis line work in the mental 

health space, all of those are examples of where progress has been 

made, but there is more work to be done. 

Chairman SANDERS. I suspect that it is possible that you may 

end up, if confirmed, being the point person for the VA dealing 

with DOD. 

Mr. GIBSON. Yes, sir. 

Chairman SANDERS. In terms of information technology, in terms 

of the whole issue of VistA, do you want to say a word on that, 

where you are coming from? 

Mr. GIBSON. I think part of the opportunity in that collaborative 

relationship is for each of the two organizations to understand 

their mutual objectives and then find the common ground to 

achieve what needs to be achieved for the servicemen and women. 

I have gotten some briefings on the Joint Executive Committee. 

I would expect that to be a focal point for a lot of the interaction 

with DOD and the work on the integrated electronic health record, 

and I would look forward to wading into that space with vigor and 

pursuing those opportunities. 

Chairman SANDERS. OK. Thank you. 

Senator Burr. 

Senator BURR. Thank you, Mr. Chairman. 

Mr. Gibson, some housekeeping if I may. First off, I want to start 

with, as the Ranking Member part of my role is to conduct oversight with regard to VA activities. This often leads to myself or my 

staff requesting information, statistics, briefings, or other materials; but often we run into long and unacceptable delays in receiving that information. 

If confirmed, do you pledge to take steps to see that the long 

pending requests are finally met and that information is provided? 

Mr. GIBSON. Senator Burr, I understand the importance of regular dialog and the importance of the right information to ensure 

that this Committee can exercise its oversight responsibilities, and 

I will work as closely as possible with the Secretary, with Assistant 

Secretary Mooney and with the other senior leaders to provide that 

information. 

Senator BURR. If confirmed, do you pledge to take steps to ensure 

that going forward my staff and I will be provided with the requested information in a timely fashion? 

Mr. GIBSON. Senator Burr, we will do, I will do everything, if 

confirmed, possible to provide you with the information required in 

a timely fashion. 

Senator BURR. If confirmed, will you be proactive in alerting the 

Committee, including both sides of the aisle, to any significant 

issues involving the VA? 

Mr. GIBSON. I am going to digress from the formulaic answer 

here, Senator Burr. I think in all of my experience with Members 

of Congress and frankly just in building relationships, I think understanding and having that kind of open dialog is vital to building 

44 

trust; and I commit to you that I will do everything I can to build 

that foundation of trust. 

Senator BURR. As you can tell from the granularity of my questions, my level of trust is not real high right now. 

Mr. GIBSON. Sir, we are going to work on that. 

Senator BURR. If confirmed, do you pledge to ensure that individuals are held accountable if they are impeding the flow of information to this Committee? 

Mr. GIBSON. Yes, sir. 

Senator BURR. Mr. Sloan, do you believe VA is a visionary body? 

Mr. GIBSON. Senator Burr, I think that—I am not sure exactly 

what I expected as I walked in and began my preparation for this 

hearing. Like everyone else, I read the newspaper and what I 

found, I was very pleased with. 

I think there is some visionary work that is happening inside 

VA. I point to the claims backlog as a good example of that. No one 

is happy with where things are right now. No one is satisfied. 

Where we are in terms of timeliness is not acceptable. 

But I think there is some exceptional work going on right now 

designed to permanently eradicate the claims backlog. The innovative work to integrate investments in people, process, and technology, I think, are exactly the right things to do. 

Now, I learned enough about that in the course of an hour and 

one-half in a conference room at 810 Vermont. If confirmed, I look 

forward to going out and talking with veterans who have recent 

claims experience, in talking with VSOs that are such an integral 

part of that process, to talking with front-line staff that are actually doing the work of processing claims day in and day out, because that is part of understanding whether or not that visionary 

work is really happening. 

So, I think there are clearly examples of where that is taking 

place. I think there are potentially other opportunities. 

Senator BURR. If you could choose one cultural change that you 

could make at VA, what would it be today? 

Mr. GIBSON. Senator Burr, the honest answer is that I do not feel 

like I have the visibility into the internal operating environment to 

be able to say that. 

I do think that for any organization, any service organizations, 

and one of the lessons that I have learned is that a sense of urgency is a vital quality; that making crisp, timely decisions and 

then moving expeditiously but prudently to act, to take care of 

those that we serve is vitally important. 

So, from the outside looking in, I would offer that as conjecture 

but, if confirmed, I look forward to having the opportunity to understand more about the internal operating environment at VA and 

where we have opportunities to do even better. 

Senator BURR. When confirmed, that clock will start and I will 

assure you about 6 months later I am going to ask you both of 

these questions again. 

Mr. GIBSON. OK, sir. 

Senator BURR. It is frustrating to the Committee that we seem 

to always be in crisis management mode. As we look out, just like 

you in your financial services career, could look out and see where 

the customers of the future were, we are looking at the veterans 

45 

of the future. We know pretty closely how many are going to come 

out of active duty over the next 10 years. 

Mr. GIBSON. Yes, sir. 

Senator BURR. And when we look at $60 billion worth of construction backlog, when we look at the backlog in disability claims, 

we do not look at it from a standpoint of today’s numbers, we look 

at it from a standpoint of what is in front of us. 

I hope that you will be able to share with this Committee on an 

ongoing basis how Congress might be able to help, not just solve 

the problems of today at VA but to prepare for the customers of VA 

in the future. 

I look forward, Mr. Chairman, to an expedited process with Sloan 

Gibson. 

Chairman SANDERS. Thank you very much, Senator Burr. 

Senator Blumenthal, do you have some questions? 

STATEMENT OF HON. RICHARD BLUMENTHAL, 

U.S. SENATOR FROM CONNECTICUT 

Senator BLUMENTHAL. Just a couple, mainly just to thank Mr. 

Gibson for his service to our Nation in uniform and also for your 

service in the private sector, dedicated to this cause and now as, 

hopefully, the confirmed Deputy at VA. 

You and I have talked a little bit about some of the issues that 

concern me, but I would just join the Ranking Member’s view that 

we will be asking you these questions again and again as you come 

before the Committee, particularly as to both the cultural and the 

policy issues that need to be addressed. 

One area that has been a concern to me and a number of the organizations that represent our veterans concerns toxic chemicals, 

Agent Orange, and others that have been encountered by our 

troops serving abroad and at home. The Ranking Member has been 

a champion for some of our servicemembers who have suffered at 

Camp Lejeune and elsewhere. 

This issue really is a bipartisan one. I sponsored legislation dealing with it, and perhaps you can address that issue just briefly. 

Mr. GIBSON. Yes, sir. In the broadest possible sense from the outside looking in, I see VA’s role as trying to remove obstacles particularly that are service-connected to a veteran and a family experiencing a happy and fulfilling life. 

Certainly, exposure to toxic chemicals in the course of their service certainly falls into that category. I know the Secretary has 

taken courageous steps, particularly in the Agent Orange area and 

in some other areas to extend coverage, and I fully support that effort. I look forward, if confirmed, to being able to work closely with 

the Secretary and with other senior leaders in the Department to 

ensure that we meet those needs. 

Senator BLUMENTHAL. Thank you. I am not going to duplicate 

some of the questioning that has gone on so far, but thank you, Mr. 

Chairman, for giving me this opportunity. 

Chairman SANDERS. Mr. Gibson, thank you very much for your 

testimony. Thank you very much for your willingness to serve. We 

are going to try to move your nomination forward as quickly as we 

can. Thank you very much. 

Mr. GIBSON. Thank you very much, Mr. Chairman. 

46 

Chairman SANDERS. If Linda Schwartz could now come up please 

and Ms. Tobias, as well. 

As we move to the second panel of nominees, I am pleased to 

turn to Senator Blumenthal to introduce Dr. Linda Schwartz the 

nominee for Assistant Secretary for Policy and Planning. Senator 

Blumenthal, please begin. 

Senator BLUMENTHAL. Thank you, Mr. Chairman, and thank you 

for giving me this opportunity to introduce to the Committee Linda 

Spoonster Schwartz, who serves currently as the Commissioner of 

the Department of Veterans Affairs in Connecticut. 

Let me just say I want to thank Commissioner Schwartz for her 

extraordinary service to our Nation and to the State of Connecticut 

in uniform and as a State official and now I am very confident as 

a member the VA team at the national level. 

Linda Schwartz and I have worked together closely on a number 

of issues. I have been honored to serve and work with her as attorney general and now as a Senator. So, I know her well and I cannot recommend her highly enough to be Assistant Secretary for 

Policy and Planning at the VA. 

She was appointed commissioner in 2003, reappointed twice, and 

she has worked, Mr. Chairman, for Governors of both parties. She 

is truly a bipartisan public servant and her life is deeply rooted in 

her work as a nurse, both in the Air Force and in the civilian 

world. She served our country for 16 years in the Air Force. 

She has worked on so many different issues that I hesitate even 

to name any of them because the breadth and scope of her commitment to our Nation’s veterans is truly remarkable. To name a few, 

she has served on advisory committees to the Secretary of the VA, 

including committee on homeless veterans, readjustment for combat veterans, women veterans, and seriously mentally ill veterans. 

She was the first woman elected president of the National Association of State Directors of Veterans Affairs. I have worked with 

her on a number of issues including, for example, bringing together 

a national veterans organizations to hear the concerns and health 

issues of Vietnam-era veterans with Agent Orange-related illnesses. We also make sure that Connecticut veterans have been 

able to utilize their post-9/11 GI Federal and State benefits. 

On these and many other issues, what she has been, Mr. Chairman, is quite simply a tireless advocate, a relentless fighter for our 

veterans and a personal emissary to each and every one of them. 

She has a heart and a mind that is open to every single veteran 

no matter what their circumstances—whether they are homeless, 

or recovering addicts, or members of the boards of directors of Fortune 500 organizations—they are equal in her view. 

She deals with them all as individual human beings who have 

served our country and who deserve both the compassion and the 

benefits that they are entitled to receive. I am very, very confident 

she will serve in this position with distinction and recommend her 

as highly as possible to this Committee. 

Thank you, Mr. Chairman. 

Chairman SANDERS. Thank you very much, Senator Blumenthal. 

Dr. Schwartz, thank you for your service to our country and your 

fellow veterans. I understand you have a guest or so in the audience that you would like to introduce. 

47 

Ms. SCHWARTZ. Yes, I would like to introduce Marsha Four. Marsha Four was an Army nurse in Vietnam. She is the recipient of 

a Bronze Star and she was just recently elected vice president of 

the Vietnam Veterans of America. We have worked in the trenches 

of the homeless, at stand-downs together, and I am very proud that 

she is with me today. 

I would also like to say that an unexpected visitor is Cheryl Sullivan, who is from the American Academy of Nursing; and many 

of my friends and people that I worked with over the years in the 

veterans service organizations are here to support me, and I thank 

them all for that. 

Chairman SANDERS. And we welcome them. Thank you. 

Now, I would like to introduce Ms. Constance Tobias. Constance 

B. Tobias is currently Chair of the Departmental Appeals Board at 

the U.S. Department of Health and Human Services. 

Prior to her appointment in 2007, Ms. Tobias served as the Chief 

Veterans Law Judge for the Board of Veterans Appeals from 1995 

to 2007. From 1993 to 1995, she was counsel to the Chairman of 

the BVA. From 1991 to 1993, she was a staff attorney in the office 

of the General Counsel for VA. She began her career in 1983 as a 

staff attorney for the BVA. 

In 2007, Ms. Tobias received VA’s Distinguished Career Award. 

She holds a BA from St. Augustine College, and a JD from Cornell 

University. 

Ms. Tobias, I know that you have some support here today in the 

audience. This is the time to welcome your guests. 

Ms. TOBIAS. Thank you, Mr. Chairman. I would like to introduce 

my husband, Gary Tobias, of 30 years and my son, Zachary Tobias. 

My mother, Shirley Black, and sisters, Tatiana Jones, Kanita 

Black, and Anita Wade; and my nieces, Jessica Mason and Olivia 

Wade. They made the trip from North Carolina to be here today 

and I am so happy they are here. 

Chairman SANDERS. We are happy they are here as well and we 

welcome them. 

If both of you would be kind enough to stand. 

Under the rules of this Committee, the testimony of all Presidential nominees appearing before the Committee shall be taken 

under oath, and I would ask that both of you stand and raise your 

right hands please. 

Do you solemnly swear or affirm that the testimony you are 

about to give before the Senate Committee on Veterans’ Affairs will 

be the truth, the whole truth, and nothing but the truth, so help 

you God. 

Ms. SCHWARTZ. I do. 

Ms. TOBIAS. I do. 

Chairman SANDERS. Thank you very much. Please be seated. 

Dr. Schwartz, we would be pleased to hear your testimony. 

STATEMENT OF LINDA S. SCHWARTZ, RN, MSN, DrPH, FAAN, 

USAF (RET.), NOMINEE TO BE ASSISTANT SECRETARY FOR 

POLICY AND PLANNING, U.S. DEPARTMENT OF VETERANS 

AFFAIRS 

Ms. SCHWARTZ. Thank you very much, Mr. Chairman, and thank 

you, Senator Blumenthal, for those very kind words. 

48 

I am going to have to be very honest with you and tell you that 

even sitting here, the honor and pride that I feel that I have been 

nominated by President Obama for the position of Assistant Secretary for Policy and Planning is overwhelming. 

I am energized and enthusiastic about bringing and having the 

opportunity to serve on Secretary Shinseki’s leadership team, especially now when so many activities and transformation of Veterans 

Affairs is occurring. 

I know that Senator Blumenthal has told you that I had been the 

commissioner for 10 years and I have served three Governors, but 

I think it is very important for you each to know that I also have 

used VA health care services and programs since I was medically 

retired from the U.S. Air Force in 1983 after sustaining injuries in 

an aircraft accident while serving as an Air Force flight nurse. 

I became, I was actually in a position where after that, I was a 

Reservist, after that I was not able to get any service or help from 

anyone else but VA, and it was a long time before I actually found 

them. 

As I did, I became an advocate because I saw firsthand how hard 

it was for many veterans at the time to navigate a system that 

they did not fully understand. 

Even though I was quite ill, the nurse in me knew there were 

better methods and awareness of health care which could and 

should be implemented. Because my injuries were so severe, I was 

not able to continue using my hands on nursing, bedside nursing; 

and that was very difficult for me because it was a profession I 

loved. 

However, I was referred to the VA vocational rehabilitation program which gave me a great deal of support as I pursued a doctorate in public health from the Yale School of Medicine in New 

Haven, CT. 

Statistical data and research was a very important component of 

both my course of study and my advocacy. We often hear the 

mantra, ‘‘speak truth to power,’’ but I have learned that those 

words are empty unless you have the facts to support them. 

I understand well the vital mission VA’s Office of Policy and 

Planning has in developing strategic plans and delivering unbiased 

program analysis and evaluations to provide reliable information so 

VA can make informed decisions. 

I am a firm believer in accountability: accountability to veterans, 

accountability to Congress, and accountability to the American 

people. 

As a researcher, I am a seeker of truth. I use data, science, and 

evidence-based research to guide my thinking and conclusions. 

However, as a nurse and a veteran, I believe that this information 

must also be tempered with the realities of providing services to 

veterans that are consistent with the delivery systems available in 

the 21st century. 

For VA to accomplish the core mission of serving our veterans, 

it is imperative that accountability, quality, and effectiveness continue to be a priority at every service level. 

Just as our military has changed, the needs of our veterans and 

their families have changed. In order to ensure that veterans 

49 

across the Nation receive the very best VA has to offer, we must 

continue to challenge the status quo. 

Today’s veterans and their families have a vast array of needs 

and concerns which can range from housing and transportation to 

childcare and short-term financial and employment issues. 

We need to build all on existing partnerships with Federal and 

State governments, our veterans service organizations, the private 

sector, communities, volunteers, and the faith-based communities. 

Partnerships are imperative to creating a quality continuum of care 

that all American veterans deserve and have earned. These partnerships help VA to address issues at the very local level where 

veterans live and work. 

The face of America’s veteran population is changing dramatically, and the expectation of service delivery is much longer than 

those we have expected over the last 50 years. I believe that VA 

can keep pace with the expectations of the consumer base by continuing to refine and refresh and using creative initiatives and a 

broad range of problem solving for veterans of every generation. 

For the last 40 years, I have devoted my life and profession to 

caring for others as a practicing nurse, a researcher, and an advocate for veterans. Keeping faith with the men and women who have 

and are wearing the uniform has been one of the most fundamental 

and overriding purposes of my work and a guide star for my life 

journey. 

Challenging the status quo and assuring the continuing of services that are worthy of the veterans we serve, I intend to impact 

through leadership, collaboration, and a team approach. 

Thank you. 

[The prepared statement of Ms. Schwartz follows:] 

PREPARED STATEMENT OF HON. LINDA SPOONSTER SCHWARTZ, RN, MSN, DRPH, 

FAAN, NOMINEE TO BE ASSISTANT SECRETARY FOR POLICY AND PLANNING, U.S. 

DEPARTMENT OF VETERANS AFFAIRS

Good morning Chairman Sanders, Ranking Member Burr, distinguished Members 

of the Committee. Thank you for the opportunity to appear before you today. I am 

deeply honored that President Obama has nominated me for the position of Assistant Secretary for Policy and Planning at the Department of Veterans Affairs (VA). 

I am energized by the opportunity to serve as part of Secretary Shinseki’s leadership team to continue to transform the Department of Veterans Affairs to meet the 

many challenges Veterans face in the 21st century. 

I currently serve as the Commissioner of Veteran Affairs for the State of Connecticut. I was first appointed Commissioner in 2003 and reappointed in 2007 and 

2011, having the distinct honor of serving three Connecticut Governors. My life is 

deeply rooted in my profession as a nurse, my service in the United States Air Force 

and my advocacy for America’s Veterans. 

I have used VA health care and benefits programs since I was medically retired 

from the U.S. Air Force in 1986 after sustaining injuries in an aircraft accident 

while serving as an Air Force Flight Nurse. At that time VA was the only care 

available to me because my husband, a self-employed Veteran, had no health coverage and the health plan provided by my employer would not cover the cost of care 

associated with injuries incurred in the line of military duty. 

I became an advocate because I saw firsthand how hard it was for many Veterans 

at the time to navigate a system they did not fully understand. Even though I was 

quite ill, the nurse in me knew there were better methods and avenues for health 

care which could, and should, have been implemented. Because my injuries were so 

severe, I was not able to continue practicing ‘‘hands-on’’ bedside nursing. This was 

very difficult to accept and seemed to be the end of my professional life. However, 

I was referred to the VA Vocational Rehabilitation Program which gave me a great 

deal of support as I pursued a Doctorate in Public Health at the Yale School of Medicine in New Haven, Connecticut. During my studies, I acquired new skills and tools 

50 

to understand health care systems. Statistical data and research was a very important component to both my course of study and my advocacy. We often hear the 

mantra ‘‘speak truth to power’’ but I learned that words are empty if you don’t have 

the facts to back them up. Thus my advocacy for Veterans has been both my vocation and my scholarly pursuit. 

I understand well the vital mission that the VA’s Office for Policy and Planning 

(OPP) has in developing strategic plans; coordinating strategic resource allocation; 

producing verifiable data and predictive models; integrating business processes and 

programs; and delivering unbiased program analyses and evaluations to provide the 

reliable information needed to make informed decisions on VA programs and services. I am a firm believer in accountability: accountability to Veterans, accountability to Congress and accountability to the American people. As a researcher, I 

am a seeker of truth. I use data, science and evidence-based research to guide my 

thinking and conclusions. However, I believe that this information must also be 

tempered with the realities of providing services to Veterans that are consistent 

with delivery systems available in the 21st century. For VA to accomplish its core 

mission of serving our Veterans, it is imperative that accountability, quality, and 

effectiveness continue to be a priority at every service level. Housed within OPP are 

several ‘‘business lines’’ which are tasked with analysis and evaluation. I welcome 

the opportunity to review the activities of these offices to continue to improve the 

effectiveness and efficiency of VA’s services and programs. 

The needs of today’s Veterans and their families are growing. Just as our military 

has changed, the needs of our Veterans and their families have changed, and VA 

is transforming as an organization to meet them. In order to assure that Veterans 

across this Nation receive the very best VA has to offer, we must continue to challenge the status quo. Today’s Veterans and their families have a vast array of needs 

and concerns which can range from housing and transportation to childcare and 

short-term financial and employment issues. We need to build on existing partnerships with Federal and State government agencies, our Veteran Service Organizations, the private-sector, communities, volunteers, and faith-based community. Partnerships are cost-effective and efficient utilization of existing resources is imperative 

to creating a quality continuum of care for all of America’s Veterans. These partnerships help VA to address issues at the local level where Veterans live and work. 

I believe VA’s interagency collaboration with the Department of Defense (DOD) 

must continue to be a major priority. These relationships are a vital foundation for 

serving Veterans now and in the future. Congress has authorized benefits and programs which are worthy of the sacrifices Veterans have made to win and sustain 

the freedoms we all enjoy. The dialog between VA and DOD remains a key element 

to how the Servicemember will receive those services and benefits. If confirmed, the 

interface with DOD will be one of my top priorities. 

The face of America’s Veteran population is changing dramatically and the expectation for service delivery is no longer based on perceptions, traditions and accepted 

standards that were applicable 50 years ago. I believe VA can keep pace with the 

expectations of its consumer base by continuing to create and nurture an atmosphere for new ideas and initiatives that meet the broad range of issues and problems facing Veterans of every generation. 

Upon entering his position, Secretary Shinseki set in motion an aggressive and 

ambitious transformation of VA. I am honored to be asked to assist in this continued effort of change to ensure Veterans now and in the future receive the respect, 

care and assistance they have earned and deserve. Veterans are in every town and 

city in this Nation; these are our friends, family members, and neighbors. Addressing the needs of Veterans is greatly influenced by where they live, economic conditions, access to transportation, and the care available in their immediate location. 

For the past 40 years, I have devoted my life and profession to caring for others 

as a practicing nurse, researcher and as an advocate for Veterans. ‘‘Keeping faith’’ 

with the men and women who have served and are serving in the military has been 

the fundamental and overriding purpose of my work and a ‘‘guide star’’ for my life 

journey. These experiences will be a positive addition to VA’s leadership team. As 

one who remembers the evolution from the Veterans Administration to the U.S. Department of Veterans Affairs, I see that this is an opportune time to effect meaningful change. Challenging the status quo and assuring a continuum of services that 

are worthy of the Veterans we serve are what I intend to impact through leadership, 

collaboration and a team approach. 

Thank you again for the opportunity to appear before you today. I look forward 

to answering any questions you may have. 

51 

RESPONSE TO PREHEARING QUESTIONS SUBMITTED BY HON. BERNARD SANDERS TO

LINDA S. SCHWARTZ TO BE ASSISTANT SECRETARY FOR POLICY AND PLANNING, U.S. 

DEPARTMENT OF VETERANS AFFAIRS

Question 1. For what reason do you seek this position? 

Response. I have used VA health care and benefits programs since I was medically retired from the military in 1986 after sustaining injuries in an aircraft accident while serving as an Air Force Flight Nurse. At that time VA was the only care 

available to me because my husband, a self-employed Veteran, had no health coverage and the health plan provided by my employer would not cover the cost of care 

associated with injuries incurred in the line of military duty. I became an advocate 

for Veterans because I saw firsthand how difficult it was for many of my fellow Veterans to navigate a system they did not fully understand. As one who remembers 

the evolution from the Veterans Administration to the U.S. Department of Veterans 

Affairs, I see that this is an opportune time to continue to effect meaningful 

changes. I have devoted my life to healing the wounds of war. Thus, I am deeply 

honored and energized by the opportunity to bring my experience, education and 

passion to a National level in the hope I will positively effect changes that will improve services and programs for America’s Veterans and their families. 

Question 2. Please describe your management style and decisionmaking process. 

Response. There are many facets to my management style. Some say I am very 

‘‘hands on.’’ If this means I take my responsibilities very seriously, that I do not 

make a decision until I have the information I need to address the issue and that 

I check facts presented to me, then I am ‘‘hands on.’’ Some say that I am a ‘‘consensus builder.’’ I do take into consideration the experience and expertise of my staff 

and advisors; however their involvement in decisions is also tempered by the fact 

that I retain the right to make the final decision if I am ultimately accountable for 

the end result. I am pragmatic enough to realize that there are times when decisions have to be evaluated in the light of new factors, realities, information or circumstances. I am not afraid to change a strategy or decision if it improves the quality or success of the initiative. As a researcher, I am also a seeker of truth. I am 

one who uses data, science and evidence-based research to guide my thinking and 

conclusions. I also believe a good manager works with staff to identify individual 

strengths and I strive to incorporate these qualities to enhance the collective efforts 

of my management team. 

Question 3. If we were to ask your prior subordinates about your management 

style, what would they say? 

Response. Those who have worked for me or with me would characterize my management style as creative but pragmatic. I look for solutions and often solicit the 

input of all my managers, even if they are not vested in the outcome. My process 

often begins with: ‘‘How can we make this happen?’’ or ‘‘How can we achieve our 

goal?’’ rather than dismiss a problem or a situation as insurmountable. I do challenge the status quo and encourage my staff to do the same. I use a team approach 

and pay close attention to the input of my staff especially if they will be directly 

involved with carrying out the decisions made. Most would say I am open to their 

suggestions even if they have a concern with a plan or strategy. I think of myself 

as a problem solver who uses data and information to focus on a task or goal. At 

the same time I am acutely aware of existing available resources and that decisions, 

solutions and strategies must be tempered with realities of cost-effectiveness, timeliness and successful outcomes. 

Question 4. Have you discussed with Secretary Shinseki the duties and the role 

you would assume as Assistant Secretary for Policy and Planning if you are confirmed? If so, what specific areas of the job were discussed? 

Response. As Connecticut Commissioner of Veterans’ Affairs and President of the 

National Association of State Directors of Veterans’ Affairs, I have had the honor 

to work with Secretary Shinseki at VA. Secretary Shinseki has made it clear to all 

of us that he is determined to effect an aggressive and ambitious transformation of 

the Department. I know that the Office of Policy and Planning plays a pivotal role 

in this transformation. I share his vision and will do all that I can to assist him 

and the Department in achieving this goal. 

Question 5. Have you formulated any thoughts on what your new job responsibilities would be and how you would approach those responsibilities if confirmed? 

Response. I understand well the vital mission that VA’s Office for Policy and Planning (OPP) has in developing strategies; coordinating resource allocation; producing 

verifiable data and predictive models; integrating business processes and programs; 

and delivering unbiased program analyses and evaluations to provide the reliable 

information needed to make informed decisions on VA programs and services. I am 

52 

a firm believer in accountability: accountability to Veterans, accountability to Congress, and accountability to the American people. For VA to accomplish its core mission of serving our Veterans, it is imperative that accountability, quality, and effectiveness continue to be a priority at every service level. Housed within OPP are several ‘‘business lines’’ which are tasked with analysis and evaluation. I welcome the 

opportunity to support the activities of these offices and continue to improve the effectiveness and efficiency of VA’s services and programs. 

Question 6. What do you believe are the most significant challenges currently confronting the Department? Which of these challenges will you focus on and how do 

you intend to address them through your role as Assistant Secretary for Policy and 

Planning? How would you measure your success? 

Response. If confirmed, there are many aspects of the position of Assistant Secretary for Policy and Planning that offer opportunities for meaningful and sustainable improvements in the lives of America’s Veterans. With the challenges of today’s 

Veterans, multiple deployments, reliance on the ‘‘Citizen Soldiers’’ of the National 

Guard and Reserve, I cannot think of a more important time in history to be serving 

Veterans. For the past 40 years, I have devoted my life and profession to caring for 

others as a practicing nurse, researcher and as an advocate for Veterans. Keeping 

faith with the men and women who have served and are serving in the military has 

been the fundamental and overriding purpose of my work and a ‘‘guide star’’ for my 

life journey. I am acutely aware that the Veterans returning home now are different 

than the Veterans of my father’s World War II generation and my own Vietnam 

generation. While they are not encumbered with validating the legitimacy of PostTraumatic Stress, they have brought the issue of Traumatic Brain Injury and its 

consequences to the forefront. The needs of today’s Veterans and their families are 

growing and changing. Just as our military has changed, the needs of our Veterans 

and their families have changed. Secretary Shinseki and his leadership team have 

made great strides to ensure assure VA is making adjustments and remains on 

course to identify and address these demands. In order to ensure that Veterans 

across this Nation receive the very best VA has to offer, we must continue to challenge the status quo. Today’s Veterans and their families have a vast array of needs 

and concerns that can range from housing and transportation to childcare and 

short-term financial and employment issues. I hope that VA will continue to build 

on existing partnerships with Federal and State government agencies, Veteran 

Service 

Organizations, the private-sector, communities, volunteers, and the faith-based 

community. I would also like VA to explore the development of stronger, creative 

and more diverse partnerships with State Governments, which have systems and 

infrastructures that can enhance and enrich America’s capacity to care for Veterans. 

Partnerships at the local level with oversight are cost-effective, efficient and effective approaches for augmenting existing VA resources to create a quality continuum 

of care to address issues at the grassroots level where Veterans live and work. 

Question 7. If confirmed, how would you oversee certain management activities 

and processes that require coordination across the Department? 

Response. If confirmed, I look forward to working with my counterparts within VA 

to support the strategy outlined by Secretary Shinseki and VA’s core mission of 

serving America’s Veterans. I am a firm believer in collaboration and coordination 

of resources and personnel to create a continuum of programs and services that are 

easily accessible and will meet the needs of Veterans. At the hub of this activity 

is the interaction and communication between policymakers, implementers, service 

delivery personnel and ultimately and most importantly, the Veteran. At the same 

time, the efficiency of any process must also be evaluated and refined. VA, although 

a large system, has a core mission of caring for Veterans which can and should transcend bureaucratic barriers, roadblocks or indifference. Support for the core mission 

and accountability for achieving the goals this work requires, must be an integral 

part of the individual and collective efforts of all tasked with management activities, 

services and programs. 

Question 8. What do think your role will be in VA budget formulation? 

Response. While responsibility for VA budget formulation resides with VA’s Office 

of Management, the Office of Policy and Planning makes an important contribution 

to this process by developing the Department’s strategic plan. OPP is also responsible for the multi-year programming effort that will help make sure that the budget 

request is aligned with the priorities identified in the strategic plan. OPP makes 

other important contributions to the budget development process through oversight 

and evaluation of existing programs. Additionally, OPP contributes to budget deliberations by creating and maintaining VA’s Veteran population models and through 

its actuarial analysis capabilities, OPP provides necessary data required to make acVerDate Nov 24 2008 14:34 Jun 13, 2014 Jkt 000000 PO 00000 Frm 00056 Fmt 6633 Sfmt 6621 H:\ACTIVE\110613.TXT PAULIN
53 

curate cost and workload projections. If confirmed, I will work to make sure that 

OPP is providing the best available data and evaluations for consideration for the 

budget formulation process for the entire department. 

Question 9. There has been significant effort to improve the level of collaboration 

and cooperation between VA and DOD. What do you believe would be your role in 

dealing with areas of concern involving the two Departments? What recommendations do you have for improving the level of collaboration and cooperation between 

the Departments? 

Response. I believe VA’s interagency collaboration with the Department of Defense (DOD) must continue to be a major priority and the Office of Policy and Planning has responsibility for overseeing that relationship for the Secretary. I have 

served over 10 years as Commissioner of Connecticut’s Department of Veterans’ Affairs. The seamless transition promised to our troops returning today has improved 

in those years but the process needs more work to avoid unnecessary red tape, 

delays in service and ambiguities that can block services from being delivered. The 

relationship between DOD and VA remains a key element on how the military 

member and Veteran will receive those services and benefits. This relationship is 

a vital foundation for serving Veterans now and in the future. If confirmed, the 

interface with DOD will be one of my top priorities. 

Question 10. There has been significant effort to transform VA into a high-performing 21st century organization. What do you see as the greatest challenges in 

this transformation and how can the Office of Policy and Planning assist VA in completing this transformation? 

Response. The face of America’s Veteran population is changing dramatically and 

the expectations for service delivery are no longer based on perceptions, traditions 

and accepted standards that were applicable 50 years ago. VA must keep pace with 

the expectations of its consumer base and the American public’s desire to care for 

Veterans. Life in the 21st century presents challenges of timeliness, accessibility 

and response time that in the past have not been standards for VA operations. 

While Secretary Shinseki and all of VA has begun this transformation, there is need 

to continue this journey of change to assure Veterans now and in the future receive 

the respect, care and assistance they have earned and deserve. Anticipating needs, 

identifying trends, using data to forecast utilization of resources and evaluation of 

existing programs are within the purview of the Office of Policy and Planning; if 

confirmed I will use these tools to assist and inform the decisionmaking process at 

VA. 

Question 11. More specifically, VA has undertaken a significant effort to transform its compensation claims system. In testimony before the Senate Committee on 

Veterans’ Affairs on March 13, 2013, GAO noted in its testimony (GAO–13–453T) 

that VA’s claims transformation efforts need to be ‘‘driven by a robust, comprehensive plan.’’ The testimony then went on to describe a review of documents in GAO’s 

work that failed to meet criteria for sound planning. Since GAO’s review, VA has 

published a written strategic plan titled ‘‘Department of Veterans Affairs (VA) Strategic Plan to Eliminate the Compensation Claims Backlog, January 25, 2013.’’ 

Would you consider this the robust, comprehensive plan necessary to drive VA’s 

compensation claims system transformation efforts? Are the strategic benchmarks 

set forth by VA illustrative of feasible and sound goals that can be adequately measured? 

Response. As Commissioner of Veterans’ Affairs for the State of Connecticut and 

a Veteran who has used VA services for many years, I can say that the responsiveness of VA to the claims backlog is by far the best it has ever been. For a system 

that began over 60 years ago, the acknowledgement that the process is too long was 

a major milestone. President Obama, Secretary Shinseki and Congress have been 

at the forefront of addressing a problem that has existed in this agency for decades. 

In the past two years more attention, innovation, evaluation and retooling has been 

invested in the timeliness and accuracy of claims processing than has ever been 

dedicated to this vital program in the past. For the first time in history there are 

‘‘goals’’ for the processing of these claims. There is no doubt that the efforts have 

been robust and comprehensive. However, I will look for ways to continue to 

strengthen the process. In particular, I look forward to working with State and 

County VSOs and Veterans on this subject. State and County Veteran Service Officers as well as the cadre of Service Officers affiliated with the Congressionally Chartered Veteran Service Organizations are the backbone of this process. From the local 

level, I have been impressed with Under Secretary Hickey’s engagement of the Veteran Service Officer community, responsiveness to suggestions and implementation 

of corrective actions to improve this process. I look forward to working with the VA 

54 

leadership to support the progress that has been made and address the challenges 

that remain to assure that the claims process is timely, appropriate and effective. 

Question 12. In your experience what steps can a large department take in order 

to be prepared to respond to unforeseen developments during a large scale transformation? 

Response. Transition, change and innovation, especially in an agency as large as 

VA, requires oversight, evaluation and assessment of outcomes that are unbiased 

and frequent. One of the most difficult challenges is cultivating a staff dedicated to 

the success of the transformation. Key to this success is communication and an 

open, honest and non-judgmental dialog with staff and stakeholders to assure that 

‘‘unforeseen developments’’ are identified early and corrective actions are initiated 

immediately. Additionally, familiarity with the system and available resources that 

can be brought to bear to address the unforeseen developments will greatly enhance 

the response time and streamline the adjustments that may need to be made. Leadership can determine the objectives and strategy, however implementing the 

changes and the success of the transformation process hinges on those tasked with 

actually incorporating and sustaining meaningful changes. 

Question 13. How can the Office of Policy and Planning better support continual 

enhancement of policies, programs, benefits and services to Veterans? 

Response. I am aware that the Office of Policy and Planning has many tools and 

assigned duties that can support and improve the spectrum of programs and services VA provides to Veterans and their families. Data collection, trend analysis, 

oversight and evaluation are all valuable resources that can enhance and enrich the 

capacity of VA leadership to make quality informed decisions. Statistical data analysis and research has always been an integral part of my studies and advocacy. I 

am one who believes that ‘‘speaking truth to power’’ also creates an inherent responsibility to have solid information and data to support a premise for change. However, I am also mindful that VA needs be responsive to the expectations of life in 

the 21st century and must also look to the private sector for concepts, innovations 

and consultation that will help keep VA better serve Veterans now and in the future. 

Question 14. Do you agree to appear before the Committee at such times and concerning such matters as the Committee might request for so long as you serve in 

the position for which you now seek confirmation? 

Response. I look forward to working closely with the Committee and appearing 

before the Committee to discuss matters that are important to our Veterans. 

[The Committee questionnaire for Presidential nominees follows:] 

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Chairman SANDERS. Thank you very much. 

Ms. Tobias, we would be very pleased to hear from you. 

STATEMENT OF CONSTANCE B. TOBIAS, JD, NOMINEE TO BE 

CHAIRMAN, BOARD OF VETERANS APPEALS, U.S. DEPARTMENT OF VETERANS AFFAIRS 

Ms. TOBIAS. Chairman Sanders, Ranking Member Burr, distinguished Members of the Committee, good morning and thank you 

for the opportunity to appear before you today. I ask that my written testimony be entered into the record. 

I am honored that President Obama has nominated me to serve 

as Chairman of the Board of Veterans’ Appeals. Most of my career 

as an attorney and a judge has been dedicated to the mission of 

repaying the debt of honor owed to our brave men and women in 

uniform. 

I am eager for the opportunity to redouble those efforts as part 

of a leadership team working to transform the Department of Veterans Affairs in order to meet the emerging challenges of the 21st 

century. 

My long-standing commitment to serving veterans arose in part 

from the guidance, love, and support of my family. In particular, 

I want to remember and recognize my father and his two brothers 

whose dedication and service to this country continue to inspire 

me. 

I would also like to thank my family and friends for their presence and support as well as all of my coworkers who took time to 

share this important day with me. 

Let me also recognize the long career of Stephen Keller, who recently retired from the board, for his many years of Federal service. 

I knew and served with Mr. Keller and with three prior board 


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chairmen. It would be an honor for me to follow in their footsteps 

and to lead more than 600 dedicated, hard-working, and professional employees of the board. 

Finally, I want to recognize the essential role that the various 

veterans service organizations play at the Board of Veterans’ 

Appeals. 

These organizations offer invaluable insights and serve as partners in much of the work conducted at the board. If confirmed, I 

look forward to working with them. 

I know well the critical challenges facing the board in the coming 

years to ensure fair, timely, and accurate results in an appeals 

process that issued more than 41,000 decisions last year. 

I first came to VA in 1983, and my passion for serving our veterans did not fade during my more than 20 years there serving as 

an attorney advisor, a staff attorney with the Office of General 

Counsel, counsel to the board chairman, Veterans Law Judge and 

Chief Veterans Law Judge. 

During my tenure at the board, I actively participated in initiatives designed to speed claim processing, increase decision output, 

and eliminate the backlog of pending cases. 

My appointment 6 years ago as Chairman of the Departmental 

Appeals Board at the U.S. Department of Health and Human Services allowed me to develop leadership methods that led to dramatic 

improvements in both quality and productivity. 

The Departmental Appeals Board itself resolves disputed decisions in a wide range of HHS programs with outside parties such 

as State agencies, universities, nursing homes, and health care providers and suppliers. 

During my term, the Departmental Appeals Board has made extraordinary progress in eliminating a backlog of appeals in two divisions and significantly reduced the backlog in a third by focusing 

on employee performance, reengineering its operations, and improving its case management techniques. 

My previous work at the board and my previous experience at 

HHS have equipped me to bring a unique perspective to the board’s 

ongoing efforts to streamline operations, provide timely, clear, and 

accurate decisions and continue robust coordination with the Veterans Benefits Administration, a key partner in the appeals effort. 

When our veterans come to us with questions about disability 

claims, medical care, or other benefit determinations, they need to 

have ready access to the appeals process, streamlined handling of 

their claims, and answers that are correct and understandable. We 

owe them that. In the 21st century, veterans expect real-time information on the status of their appeals. 

As we all know, appeal numbers are expected to grow dramatically over the coming years. To provide veterans what they deserve 

in the face of growing needs will demand innovative and nimble solutions taking full advantage of the efficiencies of technology and 

the tremendous potential of all the board’s strong judges and staff. 

If confirmed as Chairman of the Board of Veterans’ Appeals, I 

am committed to working with this Committee, the Congress more 

broadly, veteran service organizations, the Court of Appeals for 

Veterans Claims, other stakeholders, and most importantly all the 

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wonderful employees at the board to ensure that we provide timely 

and high quality decisions to America’s heroes. 

I am also committed to working closely with the Veterans Benefits Administration and other VA partners to improve the overall 

claims and appeals system for the benefits of the veterans we 

serve. 

Should I be confirmed, I will serve with passion and conviction 

as an advocate on behalf of all of America’s veterans. 

Thank you again for the opportunity to appear before you today. 

I look forward to answering any question you may have. 

[The prepared statement of Ms. Tobias follows:] 

PREPARED STATEMENT OF CONSTANCE B. TOBIAS, NOMINEE TO BE CHAIRMAN OF THE

BOARD OF VETERANS’ APPEALS, U.S. DEPARTMENT OF VETERANS AFFAIRS

Chairman Sanders, Ranking Member Burr, distinguished Members of the Committee: good morning and thank you for the opportunity to appear before you today. 

I am honored that President Obama has nominated me to serve as Chairman of the 

Board of Veterans’ Appeals (Board). Much of my career as an attorney and a judge 

has been dedicated to the mission of repaying the debt of honor owed to the men 

and women who have worn our Nation’s uniform. I am eager for the opportunity 

to redouble those efforts as part of the leadership team working to transform the 

Department of Veterans Affairs (VA) to meet the emerging challenges of the 21st 

century. 

My longstanding commitment to serving Veterans arose in part from the guidance, love, and support of my family. In particular, I want to remember and recognize my father and his two brothers whose dedication and service to this country 

continue to inspire me. As a family, we have learned firsthand how crucial the benefits provided to Veterans by a grateful country can truly be for them and their families. For example, our family home was obtained with the help of the VA loan guaranty program and my uncles received high quality and compassionate care at the 

VA Medical Center in Salisbury, North Carolina. I am excited about this opportunity to give back by adding my passion, dedication and leadership to continuing 

the enhancement of the VA’s appeals so that it provides timely decisions to Veterans 

who seek our services. 

I would like to thank my family and friends for their steadfast support, as well 

as all of my co-workers who have helped me along the way. I would also like to recognize the long career of Steven Keller, who recently retired from the Board, for his 

many years of Federal service. I knew and served with Mr. Keller and with three 

prior Board Chairmen. It would be an honor for me to follow in their footsteps and 

to lead the more than 600 dedicated, hard-working, and professional employees of 

the Board. Finally, I want to recognize the essential role that the various Veterans 

Service Organizations play at the Board of Veterans Appeals. These organizations 

offer invaluable insights and serve as partners in much of the work conducted at 

the Board and, if confirmed, I look forward to working with them. 

I know well the critical challenges facing the Board in the coming years to ensure 

fair, timely and accurate results in an appeal process that issued more than 41,000 

decisions last year. I first came to VA in 1983, and my passion for serving our Veterans did not fade during my more than 20 years there. I wrote thousands of draft 

decisions as attorney-advisor and became a staff attorney with the Office of General 

Counsel working with the Department of Justice on some of the first appeals from 

the U. S. Court of Veterans Claims to the U. S. Court of Appeals for the Federal 

Circuit. I then served as counsel to the Board Chairman, directing the professional 

activities of the Litigation Support Division, addressing the impact of court decisions 

on VA regulations and Board operations, and guiding litigation strategies for pending appeals. I focused especially on reducing administrative processing time of appeals remanded to the Board by the court. After I became a judge at the Board, I 

conducted hundreds of hearings and decided thousands of appeals. That role gave 

me the privilege of listening as our Nation’s Veterans shared their stories of service 

and courage and made me appreciate the critical role the Board plays in many of 

their lives. 

From 1995 to 2007, I took on a leadership role as Chief Veterans’ Law Judge. In 

that role, I mentored judges and helped them to develop skills to increase productivity and work effectively with attorney staff. I also helped improve the quality of 

written decisions and managed efficient case distribution. It was my responsibility 

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to ensure that cases were reassigned as necessary and that every judge and attorney could meet or exceed numerical performance goals in order to ensure the timely 

review of appeals. 

During my tenure at the Board, I actively participated in initiatives designed to 

speed claims processing, increase decision output and eliminate the backlog of pending cases. I provided executive leadership to the development of the attorney 

telework program now in place at the Board. I also founded the Board of Veterans’ 

Appeals Leadership Initiative to provide unique opportunities for employees at all 

levels, at my agency and throughout VA, to develop the leadership skills necessary 

for advancement. VA employees benefited from guidance contributed by a wide 

range of leader-models, including VA Assistant Secretaries, judges, law school deans 

and professors, as well as state and Federal elected officials. As a result, the agency 

saw increases in dedication and workplace performance by the participants. 

My appointment six years ago as Chairman of the Departmental Appeals Board 

(DAB) at the U.S. Department of Health and Human Services (HHS) allowed me 

to develop leadership methods that led to dramatic improvements in both quality 

and productivity. DAB itself resolves disputed decisions in a wide range of HHS programs with outside parties such as state agencies, universities, nursing homes, and 

health care providers. In a single year, disputes heard by DAB may involve as much 

as $1 billion in Federal grant funds. DAB also houses the Medicare Appeals Council, 

the final level of administrative review for claims denials and overpayments in the 

Medicare program nationwide. 

During my term, DAB has made extraordinary progress in eliminating a backlog 

of appeals in two divisions and significantly reducing the backlog in a third by improving employee performance, re-engineering its operations and improving its case 

management techniques. Over the last several years, DAB launched an electronic 

case filing system, called DAB E-File, permitting parties to file documents electronically and reducing the paperwork and time required to process cases. Together with 

DAB’s internal case management system, DAB E-File has proven to be an efficient 

means of managing DAB’s case load, reducing administrative costs and space requirements. DAB has also worked actively with the Office of Medicare Hearings and 

Appeals and the Center for Medicare and Medicaid Services to bring electronic case 

files to the Medicare workload. 

I have also focused significant energy in my work at DAB in fully integrating 

video-teleconferencing (VTC) into the work of judges in all of the operating divisions 

with the result that, in FY 2013, no judges at DAB had to travel to conduct hearings. Not only were agency funds saved, but the time of judges and staff was better 

used and parties benefited from more flexibility and reduced costs. We further leveraged the equipment to provide mediation services in DAB cases and HHS workplace 

disputes as well as free or low-cost educational opportunities to our staff through 

webinars and online training. I have also emphasized clear writing in plain English 

in all DAB decisions. I see strong parallels in the work with which I have been engaged at DAB and the efforts that are currently underway at the Board. 

My previous work at the Board and my recent experience at HHS have equipped 

me to bring a unique perspective to the Board’s ongoing efforts to streamline operations, provide timely, clear and accurate decisions, and continue robust coordination with the Veterans Benefits Administration—a key partner in the appeals effort. 

When our Veterans come to us with questions about disability claims, medical care 

or other benefit determinations, they need to have ready access to the appeals process, streamlined handling of their claims and answers that are correct and understandable. We owe them that. And in the 21st century, Veterans expect real-time 

information on the status of their appeals. As we all know, appeal numbers are expected to grow dramatically over the coming years. To provide Veterans what they 

deserve in the face of growing needs will demand innovative and nimble solutions 

taking full advantage of the efficiencies of technologies and the tremendous potential of all of the Board’s strong judges and staff. 

My vision centers on using the funds made available to the Board to those two 

ends. My number one priority, if confirmed, must be to hire and train the strongest 

possible front line staff to review and decide Veterans’ appeals. The second goal is 

to leverage opportunities provided by technology to the maximum possible extent, 

including to: 

• coordinate workloads and assignments; 

• improve and expand existing automation, 

• develop effective adjudication/decisionmaking tools; and 

• expand VTC for hearings and staff development. 

91 

If I return to the Board to carry out this vision, I will look for every opportunity 

to streamline and modernize management and re-engineer work flow to best serve 

today’s Veterans. 

In summary, I am thrilled at the prospect of leading a 21st century Board of Veterans’ Appeals, not daunted. With this nomination, I consider myself one of the 

luckiest people in the world because I value the chance to better serve those who 

have served us all. 

If confirmed as Chairman of the Board of Veterans’ Appeals, I am committed to 

working with this Committee, the Congress more broadly, Veterans Service Organizations, the Court of Appeals for Veterans Claims, other stakeholders, and most importantly all of the wonderful employees at the Board to ensure that we provide 

timely and high-quality decisions to America’s heroes. I am also committed to working closely and collaboratively with the Veterans Benefits Administration and other 

VA partners to improve the overall claims and appeals system for the benefit of the 

Veterans we serve. Should I be confirmed, I will serve with passion and conviction 

as an advocate on behalf of all of America’s Veterans. 

Thank you again for the opportunity to appear before you today. I look forward 

to answering any questions you may have. 

RESPONSE TO PREHEARING QUESTIONS SUBMITTED BY HON. BERNARD SANDERS TO

CONSTANCE B. TOBIAS, NOMINEE TO BE CHAIRMAN, BOARD OF VETERANS’ APPEALS, 

U.S. DEPARTMENT OF VETERANS AFFAIRS

Question 1. For what reason do you seek this position? 

Response. I seek this position to fulfill a personal commitment of service to our 

Nation and its Veterans. The commitment was born from two sources: first, my family’s experiences in the military and as recipients of veteran’s benefits and second, 

my own years of serving as an attorney, a judge and a leader at the Board of Veterans’ Appeals. Hearing our Veterans tell of their service, their courage, their pain 

and their needs is what drives me to reach out for the challenge of meeting those 

needs and honoring that service. I believe that I would bring deep technical understanding of the issues and seasoned leadership skills to this position. From my current work at the U.S. Department of Health and Human Services’ Departmental Appeals Board, I have the experience of re-engineering workflow, re-energizing staff, 

and deploying the best technological solutions to confront high-volume Medicare appeals. My long familiarity with the dedicated VA employees and the complex systems at work in the Veterans appeals context will allow me to effectively apply the 

lessons of that experience to bring the results that our Veterans deserve. 

Question 2. Please describe your management style and decisionmaking process. 

Response. As a manager, I seek to build a strong and effective leadership team 

committed to improving quality and productivity. I seek to be innovative and handson as a supervisor. I hold myself and those who work for me accountable for results, 

and I have a deep commitment to the professional growth of each employee. Before 

reaching a decision, I solicit input from the leadership team and, to the extent practicable, external stakeholders, encouraging dissenting views. I also attempt to be 

open to feedback and willing to change my approach based on new information and 

discussions with those I supervise. 

Question 3. If we were to ask your prior subordinates about your management 

style, what would they say? 

Response. I believe those who have worked with me have found me decisive and 

innovative in seeking creative solutions to longstanding problems. They would likely 

say that I welcome input but accept ultimate responsibility, and that I believe in 

accountability for myself and those around me, but treat everyone with respect. 

They know that I invest in growing people so they can invest in producing results. 

Question 4. Have you discussed with Secretary Shinseki the duties and the role 

you would assume as Chairman of the Board of Veterans’ Appeals if you are confirmed? If so, what specific areas of the job were discussed? 

Response. Secretary Shinseki has expressed to me his strong commitment to 

transform the Department to meet the challenges of the 21st century so that we 

may continue to repay the debt of honor owed to the men and women, and their 

families who have ‘‘borne the battle.’’ The Secretary places a high priority on ensuring that the Board will be able to meet the challenges associated with an anticipated rise in the number of appeals precipitated by the Veterans Benefits Administration’s success in reducing the claims backlog. If confirmed, I will have Secretary 

Shinseki’s full support as I focus on the people, processes and technologies that will 

allow the Board to meet these challenges. 

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Question 5. What do you believe are the most significant challenges currently confronting the Board of Veterans’ Appeals? Which of these challenges will you focus 

on and how do you intend to address them? 

Response. I strongly support the priorities that Secretary Shinseki has established 

in the Department of Veterans Affairs Strategic Plan Refresh FY 2011–2015 and 

agree with what it outlines for the Board of Veterans’ Appeals, the Veterans Benefits Administration and all of VA to ‘‘transform the Department to meet the emerging challenges of the 21st century as we continue to repay the debt owed to the men 

and women, and their families, who have borne the battle.’’ It is my view, that the 

number one issue facing the Board of Veterans’ Appeals is the continuing challenges 

associated with the claims and appeals backlog. Increases in the number and complexity of appeals require sustained focus on workforce training, business process 

improvements, and integration of appropriate technology. 

Question 6. According to VA’s Fiscal Year 2014 budget request, Veterans Service 

Organizations (VSO) represent 79.6 percent of appellants before the Board of Veterans’ Appeals. Given the significant role that VSO’s play in representing appellants 

before the Board of Veterans’ Appeals, how do you plan to work with the Veterans 

service organizations? 

Response. If confirmed, I plan to work closely and collaboratively with Veterans 

Service Organizations (VSO). If confirmed, I anticipate building on the existing efforts the Board of Veterans’ Appeals has taken to involve these knowledgeable and 

highly experienced organizations early in developing initiatives to improve the appeals process and other areas. I look forward to building relationships with VSOs 

to serve Veterans, their families and survivors. 

Question 7. A portion of the Board of Veterans’ Appeals workforce is part of a bargaining unit. What experience do you have working with labor partners and how 

would you approach this relationship with the Board of Veterans’ Appeals labor 

partners should you be confirmed? 

Response. A large percentage of my workforce at the Department of Health and 

Human Services’ (HHS) Departmental Appeals Board (DAB) is also part of a bargaining unit. I am committed to fulfilling our labor management responsibilities. 

Two DAB employees, one of whom is the President of the bargaining unit, spend 

a portion of their available duty time performing representational activities. The 

President of the bargaining unit and I meet at least monthly to touch base or discuss concerns. My contacts with HHS’ labor partners have always been professional 

and cordial and, if confirmed, I would adopt a similar approach to working with the 

VA’s labor partners. 

Question 8. A significant portion of VA’s claims transformation plan focuses on a 

paperless benefits system. Do you have experience working within or implementing 

a paperless benefits, claims, or appellate system? 

Response. The Department of Health and Human Services’ Departmental Appeals 

Board (DAB) is an organization which consists of Board Members appointed by the 

Secretary, Administrative Law Judges, Administrative Appeals Judges who serve on 

the Medicare Appeals Council, and organizational divisions that support the judges 

and other organizational functions. Under my leadership, the DAB launched DAB 

E-File, its electronic case filing system for the Board Members and Administrative 

Law Judges. The system allows parties to file documents electronically and is linked 

to the DAB’s internal case management system. DAB currently accepts electronic 

filings in cases involving: (1) Medicare provider and supplier enrollment denial, effective date, and revocation determinations by the Centers for Medicare and Medicaid Services, (2) fraud and abuse determinations to exclude providers and suppliers from participation in Medicare, Medicaid, and all Federal health care programs by the HHS Office of Inspector General, (3) the Early Retiree Reinsurance 

Program, (4) Food and Drug Administration tobacco product cases and (5) Determinations in mandatory grant programs, including disallowances of state claims. 

DAB E-File has proven to be an efficient means of managing the DAB’s case load, 

reducing administrative handling and decreasing space required to store files. 

Question 9. What role do you envision for the Board of Veterans’ Appeals in using 

technology to aid in the timeliness and accuracy of appeals? 

Response. If confirmed, I would seek technological advances that offer Veterans 

easy access to information about their appeals and, in an effort to improve timeliness and avoid remands, the capability to electronically submit evidence directly to 

the Board. I am eager to learn more about the tools and job aids developed by the 

Veterans Benefits Administration to determine whether these tools might be able 

to be leveraged to improve accuracy at the Board. 

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Question 10. How long do you think a veteran should have to wait for an accurate 

decision on an appeal? What ideas do you have to improve the timeliness of appeals 

decisions? 

Response. The length of time that an appeal takes to be completed depends on 

a several different factors, including the number and complexity of conditions being 

reviewed. In my view, it is essential that we provide Veterans with quick and accurate final decisions. I look forward to working with leadership at the Board to leverage technology and reorganize business practices to improve the timeliness of decisions. 

Question 11. In your opinion, is the Department’s Fiscal Year 2014 budget request, which anticipates supporting 492 FTE, sufficient to support workload requirements at the Board of Veterans’ Appeals? 

Response. If confirmed, I look forward to working with Department leadership, 

Congress, and other VA stakeholders to assess current needs and maximize efficiencies in resources to address the predicted rise in appeals. 

Question 12. What is your vision for employee training at the Board of Veterans’ 

Appeals? What ideas do you have to improve the accuracy of appeals decisions? 

Response. These questions belong together because the best way to improve the 

accuracy of appeals decisions is to enhance the skill set and knowledge base of those 

who produce the decisions. If confirmed, I would ensure that Board of Veterans’ Appeals training programs offer training activities appropriate to employees’ diverse 

needs at every level. My primary focus would be on the large number of incoming 

attorneys. Rather than disperse them throughout the organization, forcing judges 

and staff attorneys to train them ‘‘on the fly,’’ while managing full dockets, I would 

form a trainee corps led by judges specializing in attorney development with selected senior attorneys as coaches to quickly and effectively inculcate a consistent 

level of subject matter expertise and excellent case management skills. Next, I 

would develop systematic in-service training programs for existing attorneys to upgrade skills, encourage career development, and develop our next generation of leaders and judges. To enhance judicial management and cultivate outstanding decisionmaking, I would partner with the National Judicial College to bring our judges all 

the tools they need. Finally, those who perform administrative and technical functions need opportunities to learn about the fast-changing technological environment 

and master new ways of doing business. 

Question 13. Chapter 71 of title 38 of the United States Code provides the statutory authority for and framework within which the Board of Veterans’ Appeals operates. Do you believe the statutory framework governing VA’s administrative appellate process is conducive to producing timely and accurate decisions? What recommendations, if any, do you have for Congress to improve the statutory framework? 

Response. Based on my experience as an attorney, a judge and a leader at the 

Board of Veterans’ Appeals, I believe that the current statutory framework governing VA’s administrative appellate process is conducive to producing timely and 

accurate decisions. I am aware that the VA has proposed legislation that would improve the statutory framework by redefining the term ‘‘reasons and bases,’’ reducing 

the time period for filing a notice of disagreement following the issuance of a rating 

decision and permitting the Board to determine the most expeditious type of hearing 

to afford Veterans. I am confident that these proposals will enhance efforts to improve timeliness and accuracy in decisionmaking. 

Question 14. Do you agree to appear before the Committee at such times and concerning such matters as the Committee might request for so long as you serve in 

the position for which you now seek confirmation? 

Response. If confirmed, I agree to appear before the Committee at such times and 

concerning such matters as the Committee might request. 

[The Committee questionnaire for Presidential nominees follows:] 

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[A letter from Constance B. Tobias to the Office of General Counsel, U.S. Department of Veterans Affairs follows:] 

Chairman SANDERS. Thank very much, Ms. Tobias. 

Let me start with Dr. Schwartz. Let me ask you the same question that I asked the previous panel and that is, we have a good 

health care system I think. You yourself experienced it. Mr. Gibson 

pointed out earlier and I think you have made the point that VA’s 

population and its challenges are changing every day. That is one 

of the unique characteristics of VA, there is certainly not a static 

population that it deals with. 

One of the crises that we face right now, and it is a huge challenge, is that a whole lot of men and women who come back from 

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They have come back with Post Traumatic Stress Disorder, which 

we are talking about tens and tens and tens of thousands of people. 

In your judgment, how is VA doing in responding to that very, 

very difficult challenge? What ideas do you have as to how they 

might improve their efforts? 

Ms. SCHWARTZ. I believe that VA has made important strides in 

the last few years to accommodate especially some of the things 

that we are finding out on the battlefield injuries. 

The Traumatic Brain Injury has always been part of military 

service. We are just now acknowledging it and addressing how to 

treat the people who are coming home with this. 

From the Stateside—I am from the ones that deliver the service, 

so I truly believe that States bring a lot of resources to the table. 

Collectively, States spend $9 billion a year to assist veterans across 

the Nation. 

That is a vehicle that needs to be, those bridges need to be cultivated and enforced just because, just as we are relying so much 

on our citizen soldiers, the Guard and the Reserve, they are no 

longer on large bases and they no longer stay in the military health 

care facilities for long periods of time. 

They come home and they come to small towns and large towns, 

and one of the things is that the accountability for the care of veterans is just as sharp at the State level as it is at the national 

level. 

So, I would look forward to, as I mentioned in my testimony, 

working with other government agencies, our veterans service organizations, and communities to craft a network that actually can 

identify and address these people. 

Chairman SANDERS. Let me ask you another question. This Committee has talked a lot about the need for much better efforts between VA and the DOD in terms of electronic medical records. 

Do you have any thoughts on that? 

Ms. SCHWARTZ. Yes, sir, I do. I too, was someone who was watching this. We are all disappointed that it did not materialize as we 

had expected. 

But I do believe that Secretary Shinseki’s leadership on this and 

the concept of this seamless medical record is definitely worth revisiting and taking a look at why did it fail. 

I am not really sure I know the reason why it failed but I am 

vitally interested in seeing what happened and how we can make 

it work because it is the answer. 

I myself—it took 3 years from the time of my accident before I 

even went for care at the VA. I live in a very rural part of Connecticut. My husband is self-employed. I had a 6-year-old daughter. 

That is happening over and over and over again across our great 

Nation today. 

It is the pro forma and not the exception that it was in my time. 

But the point is, I was medically retired from the U.S. Air Force 

and the VA had no idea of who I was or where I was and I had 

no idea where VA was. 

So, that medical record system is vital not only for the veterans 

today but for the services that we can provide for the future people 

who come to serve our Nation. 

Chairman SANDERS. So, am I hearing that if confirmed—— 

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Ms. SCHWARTZ. Yes. 

Chairman SANDERS [continuing]. You are going to be vigorous in 

trying to improve what is now a rather poor situation. 

Ms. SCHWARTZ. Yes, sir, I consider it to be the very top priority. 

I have met with my staff and they have had some wonderful ideas. 

But I promise you that this is a very vital interest of my own, not 

only for my people—— 

Chairman SANDERS. You are taking it personally? 

Ms. SCHWARTZ. Actually, sir, I think that is probably what Senator Blumenthal was trying to tell you. 

[Laughter.] 

Chairman SANDERS. Well, that is why we needed Senator 

Blumenthal with that introduction. 

Senator Blumenthal. 

Senator BLUMENTHAL. Thank you. Thank you, Mr. Chairman. 

You have summarized in two or three words what I was trying 

to do in 5 minutes but thank you again, both of you, for your service to our Nation. 

I think I want to second what the Chairman raised about the necessity for a truly interoperable and seamless system of electronic 

medical records. I think that has to be a priority for you, for Mr. 

Gibson, for the entire VA leadership. But I also want to raise two 

other issues. 

One, a general one, which you have raised, and I want to suggest 

to both of you speaking truth to power is important in the Federal 

Government just as it is in the State government. I know from 

your record you have never been hesitant about speaking truth to 

power and I assume that you would continue to do so, both of you, 

in the roles that you are going to now have. 

Speaking truth to power, of course, means being a critic where 

necessary and your freedom to do so publicly may be somewhat 

constrained but I hope that you would speak truth to power within 

the halls of the VA and publicly, if necessary. I assume you would 

do so. 

Ms. SCHWARTZ. If I am confirmed, you know that is one of my 

mantras and that I do believe that it is an opportune time at VA 

right now because of the leadership of Secretary Shinseki. 

So, I look forward to being a force to improve the system and also 

I hope that I will bring the viewpoint of the States to the discussions and the halls of VA because many of our State directors do 

wonderful work and they are willing partners. 

Senator BLUMENTHAL. I would agree with you as a former State 

official that the States are really pioneering and spearheading 

some of the most innovative and important work in this area. 

Ms. Tobias, do you have any comment on the general issue of 

speaking truth or more specifically how we are going to deal with 

the backlog of appeals we have? 

Ms. TOBIAS. Well, speaking truth to power certainly has never 

been a problem for me. I think that it is important that we have 

all views, dissenting views, as we move forward to tackle some of 

the more difficult issues facing us. 

As far as the backlog, I view the claims and appeals backlog as 

an integrated benefits system to our veterans. We really cannot 

separate claims from appeals. It is a complex challenge, and there 

108 

is no single solution to that problem. I think that it will take focus 

on what you have already heard today: people, processes, and 

technologies. 

I have had some success at HHS in focusing on training people, 

bringing in differing views, bringing in people with different experiences to help us look at our work differently, to working very hard 

at looking at our practices, our workflow, how we manage our work 

but also what technology can bring to our work. 

We have been working on an electronic record, and I think there 

is huge potential in VA to gain some efficiencies there helping with 

timeliness but also administrative processing and handling and 

space storage. 

So, I think that it is a combination of ideas that will be necessary 

to address the backlog and I look forward to diving right in, if 

confirmed. 

Senator BLUMENTHAL. Thank you. Mr. Chairman, I am going to 

close with just a couple of comments because I have to go back to 

a Judiciary Committee hearing. 

Your mention of Traumatic Brain Injury and the related issue of 

Post Traumatic Stress are very important in my view, that both 

the Department of Defense and the VA give the priority to these 

issues they deserve. 

The State of Connecticut was involved recently with a veteran of 

the Vietnam war, John Shepard, Jr., who was discharged with a 

less than honorable discharge, suffered from homelessness and unemployment for four decades as a result. 

His case was championed by the Yale Legal Services Clinic. I 

know you are familiar with the case, and I was very supportive and 

involved in it. 

Fortunately, just within the past week his less than honorable 

discharge was changed by the U.S. Army to an honorable discharge; a tremendous victory for him but also hopefully as a precedent for revisiting some of the discharges and some of the policies 

that were set before this Nation recognized Post Traumatic Stress 

and diagnosed and treated it. It was not recognized until the 1980s. 

So, many of the veterans of the Vietnam era may have suffered 

from it and we need to redress that injustice and misfortune for 

them and for our Nation because they can and could have done 

even more with their lives if they had been given the right diagnosis and treatment at the time that it was relevant. 

So, I am hoping—— 

Chairman SANDERS. You raise an issue that this Committee is 

going to look at. That is a complicated issue but it is a very important issue and the point that the Senator is making, there were a 

lot of people who were discharged, received their dishonorable discharge or less than honorable discharge for reasons that I think we 

understand better today than we did then. 

Then what happens to these people and what kind of care they 

are able to get because they do not have that honorable discharge 

is a serious issue. 

Thanks for raising it. 

Senator BLUMENTHAL. Thank you, Mr. Chairman. 

109 

Chairman SANDERS. Ms. Tobias, let me just ask you a question 

or two. You are being nominated for a very difficult job. If confirmed, you will assume one of the toughest jobs at the VA. 

I cannot underscore enough the level of frustration veterans have 

with VA’s disability claims system and especially the amount of 

time it takes to receive a decision on an appeal. 

Will you commit, on the record, to providing this Committee with 

a plan within your first 45 days on the job on how you intend to 

cut the amount of time it takes to give a veteran a correct answer 

on an appeal? Is that something you can commit to? 

Ms. TOBIAS. Well, I certainly will try. I will commit to that. 

Chairman SANDERS. We are asking you for the plan. 

Ms. TOBIAS. The plan. 

Chairman SANDERS. Not to solve all the problems by that time. 

Just the plan on how you are going to go forward. 

[Laughter.] 

Ms. TOBIAS. All right. 

Chairman SANDERS. Ms. Tobias, if confirmed, I would like to 

know how you will approach employee relations, for example, a significant number of board employees are members of a bargaining 

unit. How would you solicit input from your employees and union 

representatives? 

Ms. TOBIAS. I have had experience working with employees in a 

bargaining unit. Most employees at the Departmental Appeals 

Board are part of a bargaining unit. 

My approach is open. The current bargaining unit president and 

I meet regularly and informally in the halls. I believe that our employees, it is important that our employees feel that they are being 

treated fairly in the workplace, that they are being treated with respect in the workplace, and that when the relationship is good, 

then we can all focus on the job of serving veterans, reducing the 

processing time, trying to issue as many decisions as we can. So, 

I am looking forward to, if confirmed, an open, cooperative process. 

That has been my experience at HHS. 

Chairman SANDERS. OK. All right. Those are my questions. 

Let me thank Sloan Gibson, Dr. Schwartz, and Ms. Tobias for 

being with us today and for answering our questions. Most importantly, I thank all of you for your desire to serve our Nation’s veterans and for the work that you have already done for our country. 

The importance of these nominations cannot be stressed enough. 

All of these jobs are enormously important. The positions you have 

been selected to undertake play an integral role in approving the 

benefits and services that we provide those who put their lives on 

the line to defend our country. 

I look forward to working with Ranking Member Burr and other 

Members of this Committee on the disposition of your nominations. 

Thank you again for being here. This hearing is now adjourned. 

[Whereon, at 11:13 a.m., the Committee was adjourned.] 

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A P P E N D I X 

STATEMENT OF RICHARD REED, NSO, VETERAN SERVICE DIRECTOR, 

VERMONT OFFICE OF VETERANS AFFAIRS IN SUPPORT OF LINDA S. SCHWARTZ


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LETTER FROM CATHERINE L. GILLIS, PHD, RN, FAAN, DEAN AND HELENE FULD

HEALTH TRUST PROFESSOR OF NURSING, VICE CHANCELLOR FOR NURSING AFFAIRS, 

DUKE UNIVERSITY SCHOOL OF NURSING IN SUPPORT OF LINDA S. SCHWARTZ


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LETTER FROM TRI-COUNCIL FOR NURSING IN SUPPORT OF LINDA S. SCHWARTZ

Æ 


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