Inequality Under Va Policy And Procedure

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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