Va Secretary Establishes Als As A Presumptive Compensable Illness

[Tbird]

VA Secretary Establishes ALS as a Presumptive Compensable Illness

September 23, 2008

(Printable Version)

Cites Association between Military Service and Later Development of ALS

WASHINGTON – Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

“Veterans are developing ALS in rates higher than the general population, and it was appropriate to take action,” Secretary of Veterans Affairs Dr. James B. Peake said.

Secretary Peake based his decision primarily on a November 2006 report by the National Academy of Sciences’ Institute of Medicine (IOM) on the association between active-duty service and ALS.

“We are extremely grateful to Secretary Peake, Congressman Henry Brown and Senator Lindsey Graham for standing on the side of veterans with ALS across the country,” said Gary Leo, president and CEO of The ALS Association. “Thanks to their leadership, veterans with ALS will receive the benefits and care they need, when they need them. Thanks to their efforts, no veteran with ALS will ever be left behind.”

The report, titled Amyotrophic Lateral Sclerosis in Veterans: Review of the Scientific Literature, analyzed numerous previous studies on the issue and concluded that “there is limited and suggestive evidence of an association between military service and later development of ALS.”

“ALS is a disease that progresses rapidly, once it is diagnosed,” the Secretary explained. “There simply isn’t time to develop the evidence needed to support compensation claims before many veterans become seriously ill. My decision will make those claims much easier to process, and for them and their families to receive the compensation they have earned through their service to our nation.”

ALS, also called Lou Gehrig’s disease, is a neuromuscular disease that affects about 20,000 to 30,000 people of all races and ethnicities in the United States, is often relentlessly progressive, and is almost always fatal.

ALS causes degeneration of nerve cells in the brain and spinal cord that leads to muscle weakness, muscle atrophy, and spontaneous muscle activity. Currently, the cause of ALS is unknown, and there is no effective treatment.

The new interim final regulation applies to all applications for benefits received by VA on or after September 23, 2008, or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on that date.

VA will work to identify and contact veterans with ALS, including those whose claims for ALS were previously denied, through direct mailings and other outreach programs.

To view the entire regulation published in the Federal Register today, go to: www.federalregister.gov/OFRUpload/OFRData/2008-21998_PI.pdf. For more information on VA’s disability compensation program, go to www.va.gov or contact 1-800-827-1000.

[Berta]

Van the Secretary has recently added Parkinson's to the AO presumptives along with Ischemic heart disease and also Hairy Cell B Leukemia.

The regulations have not appeared yet at the Fed Register site- but I will check again- tody- they will be open there for puiclic comment for about 2 months and then the 38 CFR, 38 USC and M21-1 regs will be in stone.

Veterans wrth these condtions should file their claims-their claims will be in a temporary stay proceeding but there is no reason to wait to file the claim.

The VA is supposed to be contacting any vet with prior denial for these conditions and woth proven exposure to AO.

I dont think any vet should depend on that if they were denied in the past-the VA cannot even do current AO claims right-

Every veteran who was denied for any of these new presumptives in a past VA decision needs to pull out that past decision as- I am assuming they must fall under the Nehmer Class Action lawsuit and that earlier denial could get them a very favorable EED in most cases.This applies to many widows DIC claims as well

I wonder if VA is contacting them but I doubt it.

I will use my own example- verified by NVLSP.

Filed DIC claim 1995 within one year of my husband's death-

Re opened n 2003-he was awarded direct AO death April 2009.

My retroactive DIC date is in 1994.

Nehmer applies at AL, CLL and all other AO presumptive disabilities.

[Van]

Van the Secretary has recently added Parkinson's to the AO presumptives along with Ischemic heart disease and also Hairy Cell B Leukemia.

The regulations have not appeared yet at the Fed Register site- but I will check again- tody- they will be open there for puiclic comment for about 2 months and then the 38 CFR, 38 USC and M21-1 regs will be in stone.

Veterans wrth these condtions should file their claims-their claims will be in a temporary stay proceeding but there is no reason to wait to file the claim.

The VA is supposed to be contacting any vet with prior denial for these conditions and woth proven exposure to AO.

I dont think any vet should depend on that if they were denied in the past-the VA cannot even do current AO claims right-

Every veteran who was denied for any of these new presumptives in a past VA decision needs to pull out that past decision as- I am assuming they must fall under the Nehmer Class Action lawsuit and that earlier denial could get them a very favorable EED in most cases.This applies to many widows DIC claims as well

I wonder if VA is contacting them but I doubt it.

I will use my own example- verified by NVLSP.

Filed DIC claim 1995 within one year of my husband's death-

Re opened n 2003-he was awarded direct AO death April 2009.

My retroactive DIC date is in 1994.

Nehmer applies at AL, CLL and all other AO presumptive disabilities.

Yes mam he has. I have written to him and others about adding Guam veterans as presumptive for Parkinsons and all related disease. I've detailed in other posts about the amount of disease in veterans and the people of Guam(at one time 1 in 4 had the disease, ALS/PDC that is lou gehrigs with Parkinsons or it can be an either or situation on Guam) But it most definetly should be presumptive. They wrote back they are watching the situation there. I've got another letter and cd to go to these people, Sec Shinseki, Cong. Filner, VAC, Senator Reid and others.

I also believe neurodegenerative disease should be presumptive for all military personnel. ALS is just the first step. And Parkinsons in AO vets is the second step. It will ultimately expand in my opinion. It is at epidemic rates in military personnel from my point of view. It's all about the contamination(pesticides are a major contributor) and the needle sticks in my opinion.