Jump to content

Ads

  • Search



  • 0
vperl

Vets Organizations To Sue The Va For Delay Of Regs On The 3 New Presumptive

Question

Recommended Posts

THANKS_ I just posted this up top in CLaims research - but you beat me to it!

I am poed about this IHD situation-

I talked to a NVLSP lawyer about it and have accessed the Fed Reg site daily waiting for the regs.

Maybe we will discuss this tonight at SVR.

I havent found any Hairy Cell B regs or PArkinsons AO regs yet either.The scuttlebutt in the vets advocate communties was that the VA might manipulate somehow what vets they will award IHD AO comp to.

This is why those published regs have to be open for Public comment.But the public comment period takes 2-3 months of additional waiting time for vets with IHD who are dying or might be dead now even since the Sec made the announcement.

(I gripe anoput this one every chance I get- years ago the VA dropped the receipt of the VSM as denoting Vietnam service.At the same time they tried to drop AO comp of BWN vets who had been awarded due to the VSM on their DD 214.

They changed the VSM regulation and never asked for public comments. NVLSP and major vet orgs were really ticked at that one and don't want to see the VA pull anything like that again.

We need to see the regs published, open and closed comment period over , and RO thumbs removed from butts to get these claims squared away.

AO IHD means Nehmer and many claims will generate lots more retro due some IHD vets.

Share this post


Link to post
Share on other sites

Ad


VA delay may stall benefits for Vietnam vets

By Kelly Kennedy - Staff writer

Posted : Tuesday Mar 2, 2010 9:40:58 EST

Three veterans groups have threatened the Veterans Affairs Department with a lawsuit if VA does not publish regulations by March 12 about three Agent Orange-related diseases that the Institute of Medicine has deemed should be presumed connected to military service.

Three veterans groups have threatened the Veterans Affairs Department with a lawsuit if VA does not publish regulations by March 12 about three Agent Orange-related diseases that the Institute of Medicine has deemed should be presumed connected to military service.

Every two years, the IoM reviews scientific evidence to determine if diseases could have been caused by dioxin, the harmful ingredient in Agent Orange. Agent Orange is an exfoliate widely used during the Vietnam War to clear forests.

In its latest review, IoM found that ischemic heart disease, Parkinson’s disease and B-cell leukemias all could be linked to Agent Orange exposure. VA is required by the Agent Orange Act of 1991 to publish a regulation, making veterans eligible for benefits, within 210 days of such findings. In this case, that would have been Feb. 19. VA doesn’t have to pay out benefits until after the regulation is actually published.

The American Legion, Military Order of the Purple Heart, and the National Veterans Legal Services Program sent a letter to VA on Monday demanding that the organization publish the regulation by March 12.

“VA Secretary [Eric] Shinseki in September agreed to add the three diseases,” said Barton Stichman, joint executive director of the National Veterans Legal Services Program. “But his agency has let him down on paying anyone their benefits.”

A VA official said the agency is working to make sure the regulation goes through correctly — and therefore causes no more delays — after severe snow storms in Washington, D.C., shut down the federal government for almost a full week in early February. The official added that veterans could get benefits retroactively, based on a lawsuit filed in 1984.

Ian de Planque, the American Legion’s assistant director for veterans affairs and rehabilitation, said the need to get the regulation right could delay veterans benefits until at least late summer. The regulation must be published in the Federal Register, and then go through a public comment period, before veterans can receive any benefits.

There has been some debate about the inclusion of ischemic heart disease for presumption of service connection. The science shows that people exposed to dioxin have higher rates of heart disease. However, ischemic heart disease is the number one cause of death in Western countries, and has also been connected to diet and exercise.

“Shinseki’s already made the decision,” Stichman said of the possibility that discussion over that issue might contribute to the delay in publishing the new regulations, “so that shouldn’t matter.”

De Planque said as many as 200,000 veterans may seek benefits just for heart disease, which could add to the already considerable backlog of VA benefits claims and cause further delays. De Planque recommended that veterans file claims as soon as a possible, and not wait for the regulation to come out.

“We still don’t know how broadly or narrowly ischemic heart disease is going to be defined,” de Planque said. “There’s going to be a lot of people affected.”

Stichman said VA hasn’t been late with filing an Agent Orange regulation since 1991, when service connection for diabetes was delayed. He said veterans won a court case at the time that awarded retroactive benefits in that instance.

http://www.armytimes.com/news/2010/03/mili...orange_030110w/

Share this post


Link to post
Share on other sites

The last 9 illnesses added to the Agent-Orange list, have averaged 6 to 9 months from the VA announcement date to the Federal Register implemenation date. This is irregardless of any mandatory time frame that they may be required to go by.

I don't think the threat of a lawsuit is going to light a fire under the VA to speed things up. A federal department that is this large, is not going to be intiminated by a lawsuit over their not following certain rules of procedure. That's just not going to happen. Now we may very well not like that (and that includes myself), but it is what it is.

So, I would have to say this: patience is a viture.

Share this post


Link to post
Share on other sites

The VA realizes the astronomical costs they have incurred from making AO heart disease presumptive and are trying to find a way out of this liability. Heart disease is going to kill every one of us Nam vets if we don't die from some other disease like AO cancer. Every time a vet dies from a NSC condition a bell rings in the VA HQ.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Advertisemnt


  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Latest News
  • Our picks

    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • Ads

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines