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

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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.

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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!

cowgirl

POWs come first, absolutley.

I would think that there are very few POWs that are not DAVs. I have PTSD and I was only shot at not captured.

Bill

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Top This topic is done.

I do advise you to seek other avenues like the court system to get your legal point across.

Venting it here wont get you anywhere.

I wish you the best and this topic is now closed to any more replies.

JBasser

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top,

Your initial post in starting this topic deals with discrimination.

It makes no mention of you being 30 % SC'd,

it makes no mention that you were receiving radiation treatment via the VA,

it makes no mention of medical evidence showing that you were found to have a dental condition which is complicating the on going treatment of the radiation.

Now,

if you are receiving the radiation for a service connected disability

and if you have medical evidence that specifiy's a dental problem is complicating your radiation treatment's -

then under those circumstance's I would agree that VA should grant dental service's, only to the extent and resolve of that, what ever complications the dental problems present for radiation treatments.

I do happen to know some of the laws and regs and attacking this on the principle of discrimination will not help you reach the goal of limited dental services.

If you had not been focused on discimination in your initial post

you would not have gotten the answers that you did and that bad

is on you.

jmho,

carlie

Edited by carlie
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