Proposed Rule Change

[Domepeace]

Does anyone know the procedure to get the ball rolling on a rule change for a specific disability? Does it have to go through Congress? For example, I found a rule change by browsing hadit.com. The rule change was in reference to scars. But, I'm curious to know if a veteran can bring up a "well grounded" reason as to why a rule should change on a specific disability. The article leaves a lot to be desired. The article does says to contact Maya Ferrandino, but I thought I would see if anyone else had something to say before I do that. Any thoughts would be appreciated.

Thanks,

Domepeace!!!

[john999]

If the change involves the VA having to pay extra compensation then I would think it would be harder than an act of congress. I think you would need a heavy hitter to really get a change in anything that involves compensation.

[Pete53]

Ask your Service Organization for help.

[carlie]

38 CFR Part 4 - Schedule for Rating Disabilities just recently,

Oct. 2008, had a HUGE change in Diagnostic Code:

8045 Residuals of traumatic brain injury (TBI).

carlie

[HM3Mac]

Does anyone know the procedure to get the ball rolling on a rule change for a specific disability? Does it have to go through Congress? For example, I found a rule change by browsing hadit.com. The rule change was in reference to scars. But, I'm curious to know if a veteran can bring up a "well grounded" reason as to why a rule should change on a specific disability. The article leaves a lot to be desired. The article does says to contact Maya Ferrandino, but I thought I would see if anyone else had something to say before I do that. Any thoughts would be appreciated.

Thanks,

Domepeace!!!

I have no idea about how to change "the rules", but I know the need to write in explicit detail of the action/s, if non-combatant, when a traumatic experience occured, is quite cruel. It should be well enough if this is expressed to a professional that the event is validated as "described". I understand that they can't just have anyone saying things, but there should be a different approach for those truly hurting because of an event/s without having to enscribe it and send it off to the government to read. I wish you well on this endeavor and hope you keep us posted.

[Berta]

You can make public comment at the Federal Register site if the comment period is open-on any proposed VA legislation.

I have done this from time to time. The VA considered all comments they get, and many come from lawyers and vet orgs as well as vets themselves and widows. I suggest you type your comments in Word Doc first then copy into the Federal Register.It will then become part of the record.

There is a lot at the Federal Register site- and often the threads of proposed rules change a little. Just type your name into the browser under VA open for comment and this is often best way to find where you posted it-under your name on you public entry-if you go back to Fed Reg and cant find the rule.

During Blue Water Vietnam Vet Navy attempt to get AO presumptions there were many threads of comment that got a little out of order and many of us advocates who were involved in the issue had to search our own names to find the latest comments.

Some proposed regs are accepted and/or modified by VA and become part of Title 38 as a change to established VA case law.

Others changes involve Amendments,which involve getting Congressional and Senate Sponsors to propose the Amendment in the H or S.

Anyone can ask a Congressman to amend something.

I have 3 attempts going on to have the VCAA amended-

2 members of the H VAC (Congressmen) and one Senator from NY-

That all takes considerable time and work to get done.Even to get a sponsor.

But everyone here and out there in the veterans community has the right to attempt to change the regs and laws which control us all as claimants or as vets or widows of vets.

It all takes time- BWN AO vets for example-this issue often took up hours of my time daily for weeks -emails and phone calls and letters -and at th same time I did some scientific research on dioxin that no one had considered before, whoch I brought to the lawyers at NVLSP.I was in college taking two environmental courses at the same time this all happened and the info I had was in my opinion - proof of the fact that BWN Vets had definitely been exposed to dioxin. Long story there-

I think it is even in my Federal Register comments.

Unfortunately the Haas defeat stopped BWN attempts to have the regs changed to include them.

"I'm curious to know if a veteran can bring up a "well grounded" reason as to why a rule should change on a specific disability. "

Yes. This is your right as a citizen of the USA if anything is open for public comment at the Fed site- I also suggest that you send copy of your comment to anyone on the S HAC or H VAC who would want to have input into it as well as any vet org who is supporting or commenting on the reg with their vet orgs suggestions.

[Berta]

forgot to add- the scar proposed regulation changed 38 this way:

http://www1.va.gov/orpm/docs/20080923_AM55...ities_Scars.pdf

This is the result of how that all can work-

BTW-Rich Cohen Director of NOVA makes comments all the time at the Fed Register-(Lawyer for veterans)-I think he has comment on the page I posted above-

he is very easy to talk to- I called him up and raised strong concern about some of his H VAC testimony-I had read his advance copy of his testimony already but the hearing was the next day-he certainly highlighted what we discussed in the hearing-and has been my SVR guest too (Stardust Radio re: vets issues)

Rich COhen Director and Lawyer for vets -National Organization of Veterans Advocates

Also the Office of General Counsel can propose a reg due to a OGC precedental opinion-

They too are easy to talk to- in DC-

I spoke to the VA lawyer a few times who proposed some regulation changes at the Fed register that are now in affect.

he was even shocked and happy that a vet's advocate called him in support of the regulation.

If you are interested in veteran's advocacy-by solely focusing on the regulations themselves and getting involved in that area provides a rewarding chance of direct input into helping all veterans.

It takes time and lots of PC ink and paper- etc

but well worth it-

there is plenty of help needed - in addition to advocacy and help with the VA claims process- in countless areas of advocacy needed for veterans and our active military.

But talk doesn't do it- action does.

Edited April 27, 2009 by Berta