Va's Dental Program And Title 45 Part 84 Subpart A S/s 84.4

[Guest top213]

If you could explain to me how the VA gets around the civil rights of a qualified disabled veterans under Title 45 part 84, Subpart A s/s 84.4, when they offer treatment to some non disabled veterans (POW’s) and not to disabled veterans unless they are 100%SC. What happens to all the rest of the disabled veterans? Treatment is unavailable except in exclusive cases, and when available, it is limited, and not the same service as others can receive. The VA proudly admits to this inequality in service. This is policy and not law.

under Title 45, part 84, subpart A, § 84.4 Discrimination prohibited.

(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance.

(;) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap:

(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that provided to others;

(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipients program or activity;

(vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or

(vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

4.

(2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonhandicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.

(3) Despite the existence of separate or different aids, benefits, or services provided in accordance with this part, a recipient may not deny a qualified handicapped person the opportunity to participate in such aids, benefits, or services that are not separate or different.

(4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods of administration (i) that have the effect of subjecting qualified handicapped persons to discrimination on the basis of handicap, (ii) that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient's program or activity with respect to handicapped persons, or (iii) that perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.

(5) In determining the site or location of a facility, an applicant for assistance or a recipient may not make selections (i) that have the effect of excluding handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives Federal financial assistance or (ii) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to handicapped persons.

(6) As used in this section, the aid, benefit, or service provided under a program or activity receiving Federal financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with Federal financial assistance.

© Aids, benefits, or services limited by Federal law. The exclusion of nonhandicapped persons from aids, benefits, or services limited by Federal statute or executive order to handicapped persons or the exclusion of a specific class of handicapped persons from aids, benefits, or services limited by Federal statute or executive order to a different class of handicapped persons is not prohibited by this part.

[42 FR 22677, May 4, 1977, as amended at 70 FR 24319, May 9, 2005]

Finally, the regional counsel, by his action has violated the following:

(v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipients program or activity.

[Guest top213]

Any active member who gets out of service and does not have an in service dental exam is authorized to use VA dental for a certain period of time. ( 90 ) days comes to mind.

Otherwise, you must be 100 percent or IU or in a Voc Rehab program or receiving 100 percent care becuase of financial considerations to get dental.

Or Have a SC dental disability.

J

If life were as simple as that. You need to read the laws which govern the VA's actions and not the VA's policy which is not the law.

[Guest top213]

Any active member who gets out of service and does not have an in service dental exam is authorized to use VA dental for a certain period of time. ( 90 ) days comes to mind.

Otherwise, you must be 100 percent or IU or in a Voc Rehab program or receiving 100 percent care becuase of financial considerations to get dental.

Or Have a SC dental disability.

J

Read the law rather than the policy

[Guest top213]

"They offer treatment to non disabled veterans(POW's)

Lets' see You were a POW for four years and we give you free dental. We should all be POW's, that sounds like a good deal.

Bill

I do not understand your meaning. I feel strongly that POW's should get full treatment. My point was that other deserving veterans need the care just as bad and are being denied it based on their disability.

[Guest top213]

Its expensive to work on teeth, and I suppose they don't want to pay for it. I suppose they rationalize that we are not deploying so it's not important.

No, we, the disabled vets, are not important to the VA. It is not the money. It's how the VA is spenting the money. Look at the VA's budget. Look at all those folks wandering around the VA in lab coats and suits. They all have jobs; Working the system to keep their jobs and benifit to themselves and not the veterans. Clean house, get rid of the waste, and you will find all the money that is needed to give all disabled vets the proper treatment they need and deserve.

[Guest top213]

top,

Not being eligible for dental benefits really isn't a form of discrimination,

it's simply that one has not met the criteria of eligibility.

carlie

You simply don't know of what you speak and what the eligibility requirements are for dental services.

I was eligible under Title 38 U.S.C 1712 (H)(ii). I was medically sent with compelling reasons for medically requested dental service. Disability has no part in the eligibility criteria for being medically sent. I met the criteria! The discrimination comes with the written denial of service based only on the fact that my disability was not 100%SC. My disability was not offered as being the reason for service. A valid medical request was made for compelling and stated reasons that the dental problem was complicating my ongoing treatment. It's simple, this one met the criteria of being medically sent for compelling reasons that stated that the existing dental condition was complicating my treatment and was medically thought to be necessary. No one can use anothers disability as the reason for exclusion of a eligible veteran from a federally funded program. That is the law as found in Title 45 Part 84, subpart A, s/s84.4. You need to understand the difference between VA stated policy and the written law. They are not the same and policy doesn't override the law. The VA's policies gives "full services" to some eligible veterans without disablitiies and limits services to those eligible disabled veterans with less than 100%SC by "resolving the immediate problem." This is unequal treatment under the law.　

　

　

　

Inequality under VA policy and procedure

The VA clearly states that the federally funded dental service is not equal in service to qualified disabled or handicapped veteran as shown in their matrix below. Full service is offered to a very specific and limited grouping of veteran. Offering this limited service to some qualified handicapped veterans and full service to other qualified veterans without disability or handicap screams of inequality within the service. What is the difference between being 100% SC and being 99%SC. It is being able to receive “any necessary dental care” or resolving a problem. This statement offers proof that all veterans are not treated equally, that all disabled veterans are not equally treated. The VA follows George Orwell’s classic statement in Animal Farm: “ all swine are equal but some swine are more equal than others.”

Equality within a federally funded program of service for qualified disabled or handicapped persons is the law outside of the VA. Discrimination in service based on ones disability or degree of disability is a violation of the law and discriminates against the disabled, yet that is VA policy. Some group, without disabilities are offered full service, while most qualified disabled veterans are culled and dissected into groupings of ever limiting services.

I would state that being offered “any dental service necessary” is not equal to “ to resolving the problem.” Resolution of one dental problem can create other problems which treatment may not be offered or covered under the limited requirement of resolving the initial problem. “All dental service necessary,” covers known and unknown secondary problems created by resolving the first. The most graphic example of such a known problem is that when all teeth are pulled to resolve a problem; The treatment may immediately resolves the initial problem, but it creates another. Now, the patient becomes toothless and is not covered for any relief from the newly created problem of being without teeth.

Partial or limited service leaves qualified veterans with only partial or limited service. while non disabled, qualified personal are given “any dental service needed.” Equality for the handicap and the disabled under the VA’s dental policy does not exist. Clearly, the opportunity to aid, benefits or services is not equal to that afforded others. The VA continues to violates the law by offering different and separate aid, benefits or services to handicapped persons that is not equal in treatment that is provided to others.

Disability Act

Title 45 part 84 subpart A, s/s 84.4

(ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others;

　

Dental Care

Eligibility for VA dental benefits is based on very specific guidelines and differs significantly from eligibility requirements for medical care.

You are eligible for outpatient dental treatment if you meet one of the following criteria:

If you:

You are eligible for:

Have a service-connected compensable dental disability or condition

Any needed dental care

Are a former prisoner of war

Any needed dental care

Have service-connected disabilities rated 100% disabling or are unemployable due to service-connected conditions

Any needed dental care

Are participating in a VA vocational rehabilitation program

Dental care needed to complete the program

Have a service connected and/or noncompensable dental condition or disability that existed at the time of discharge or release from a period of active duty of 90 days or more during the Persian Gulf War era

One-time dental care if you apply for dental care within 180 days of separation from active duty and your certificate of discharge does not indicate that all appropriate dental treatment had been rendered prior to discharge

Have a service-connected noncompensable dental condition or disability resulting from combat wounds or service trauma

You are eligible for needed care for the service-connected condition(s)

You have a dental condition clinically determined by VA to be currently aggravating a service-connected medical condition

You are eligible for dental care to resolve the problem

You are receiving outpatient care or scheduled for inpatient care and require dental care for a condition complicating a medical condition currently under treatment

You are eligible for dental care to resolve the problem

Certain veterans enrolled in a VA Homeless Program for 60 consecutive days or more

May receive certain medically necessary outpatient dental services

　

[cowgirl]

Sure wish I had a clear answer for you. All I have is my experience, concerns and limited research at this time. Sure hope your dental care needs get met soonest.

Did you apply for services by letter or other request and what did the denial say? I am sure interested.

I had one time good time dental issue fixed after discharge for comprehensive servce. It was good service, but I was told that it was done. no more. Better than nothing. But wait, its been years.... and getting near replacement time now. Ow, sure its gonna cost and haven't figured this one out yet, but in rereading about VA Dental Care benefits - the information reiterates this care is considered 'SPECiAL and LIMITED benefits'. http://www.va.gov/healtheligibility/covere...fits.asp#Dental

I think its sure worth a try, and its not just us veterans, dental care seems one of the least benefits in workplaces with limited or no, none, zilch dental care plans and really high premiums.In fact military retirees get 'NO' dental care provided with Tricare.

POWs always go first - any problem with that, SEE me.

Me? I am a veteran with disabilities, but others call me a 'disabled veteran'. Occasionally, not often, I remind others I am honorably retired, woman, wife, mom, sister and proud American citizen.

All the best,

Cg'up2009!