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.

[jbasser]

It is not discrimination.

VA dental is the bottom of the food chain when it comes to VA money. They get less so the Vet gets less.

The VA has to do this via procedure in order to provide dental service.

I get cleanings every 6 months and have had 1 filling repaired.

I have received the most compassionate care at the VA dental clinic and have had absolutely zero provblems.

If you are working or able to work, Then ask your employer if they offer dental. A lot of companies do and the insurance pays for routine care.

J

[pacmanx1]

I was declared to be ineligible for dental service based completely on my disability. I was 30%disabled. The secret word is to be eligible. I was medically sent by my primary care for a dental problem that was complicating an ongoing treatment.

What is your disability? is it service connected? was the referral part of a service connected condition?

[billy2]

"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

[jbasser]

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

[Guest top213]

What is your disability? is it service connected? was the referral part of a service connected condition?

I think that I hit a nerve around here. I am not here to state that POW don't deserve the dental treatment care that is afforded to them. I only offer their grouping to show that "all are not treated equally" under VA policy and not the laws which govern the VA. I think that maybe some of you are defending the actions of the VA without knowing the difference between VA policy and the laws which goven the VA action. My story is that I am 30%SC and does not make me eligible for treatment. It had nothing to do with my eligibilty to dental care. For those who do not know, I was receiving radiation treatment via the VA. I was sent by my medical team using Title 38 U.S.C. (H)(ii) which allows a veteran to be treated after being medically found to have a dental condition which is complicating a on going treatment. I was disqualified for this dental care because I was not 100% SC. I was disqualified because of my disability. It is clearly stated within my medical records that after reviewing my records I was not eligible based on the single fact that I was not 100% SC. What doesn't seem to be sinking in is that 100%SC is not a requirement for this type of limited dental care. Pete 53 seems to know about it. The VA knows about it. They list that whatever treatment is needed to resolve the immediate problem is available to end the problem. That is VA policy Look below at the law. You can not use someones disability to deny them access to a federally funded program such as the VA. You can't offer them a different program of treatment unless it fits the needs of the handicapped better than other services being offered. Carlie, The criteria of eligibility was that I be medically sent for the resolution of a complicating dental issue that was complicating my ongoing treatment. I met the eligibility requirements. My problem with the VA is that the VA decided to use my disability rating as the only stated reason for my denial and not the fact that I was or wasn't medically sent or in need of the treatment , which is the criteria for being eligibity under (H)(ii). Go look up VA's special and limited benifits plans. Carlie: using someones disability as the only reason to deny service to a federally funded program is plain and simple discrimination. Read the law offered in my initial letter. It is unlawful to, (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service;

I was qualified using the fact that I was medically sent for compelling reasons in light of the treatment I was receiving. The offer of other than the same treatment to a qualified handicapped person is VA policy and not the law. The VA plainly offers in writing limited and differing service to qualified disabled veterans.

(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.

[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

Look who is on the VA's side! Plain and simple I was eligible for service. I was medically sent for dental treatment because my dental problem was complicating my ongoing radiation treatment. This fact made me eligible for limited treatment under VA policy. I was eligible. I did met the requirements. The discrimanation factor comes into play when the VA stated that the reason for my denial was based on the fact that I was not 100% SC, which is not a requirement under the law and VA policy in this matter. That is the discrimination action on the VA's part. They used "my disability" alone to deny me service. They could have stated that I was not medically sent or the medical reason was not true. They can't refuse me service because of my disability, nor can they deny me equal service under the law. The VA's policy which is not the law and is being challenged as being unlawful. It clearly used my disabilty against me and denied me equal treatment.