3 Ao Presumptives Published ?

[vperl]

Someone needs to check this out...

Canton Daily Ledger Posted May 03, 2010 @ 05:56 PM LEWISTOWN — On Oct. 13, 2009, the secretary of the Department of Veterans Affairs (VA) announced his decision to establish presumption of service connection for three additional illnesses (Parkinson's disease, ischemic heart disease, and B cell leukemia) associated with Agent Orange/herbicide exposure in Vietnam.

On March 25, 2010, the VA published a proposed regulation in the Federal Register as part of the process to implement the decision to add those three diseases to the list of presumptive conditions related to Agent Orange/herbicide exposure.

The final regulation will affect a large number of Vietnam veterans, estimated to be at least 200,000 veterans.

"This is an important step forward in ensuring that Vietnam veterans are justly compensated for the adverse effects suffered by exposure to Agent Orange during their service to our country," said Andy Fyffe, superintendent of Fulton County Veterans Assistance Commission, in a press release.

Veteran service officers should file presumptive claims now for these conditions without waiting for the completion of the regulation process, the press release from Fyffe added. Filing these claims prior to the publication of the final regulation is important for effective purposes and it also allows VA to start the claims development process (conducting VA examinations, requesting supporting evidence, etc.) to allow for timely adjudication once the final regulation has been published.

Veterans Affairs and Rehabilitation (VA&R) staff are in the process of reviewing the proposed regulation for public comment. A more detailed VA&R Bulletin containing effective date and other information will be issued following the publication of the final regulation.

In the meantime, direct questions or concerns to Ian de Planque, assistant director for Claims Service, VA&R, at ideplanque@legion.org or (202) 263-5762 begin_of_the_skype_highlighting (202) 263-5762 end_of_the_skype_highlighting; or contact the Fulton County Veterans Assistance office at 309-547-7262 begin_of_the_skype_highlighting 309-547-7262 end_of_the_skype_highlighting for a copy of the official bulletin released by the VA.

Also, the Department of Veterans Affairs (VA) has issued a warning in American Legion Bulletin 16-10 to veterans not to disclose personal information over the phone to callers claiming to update, confirm, or verify VA-related information.

VA reports the fraudulent caller's mode of operation include asking for credit card numbers, bank routing number, and other personal and financial information. A recent fraudulent call reported by a veteran included the caller claiming to be a VA employee and stating that the veteran's medical card had expired. The caller would then ask the veteran to submit a check over the phone to renew the medical card.

VA warns to be leery of any call originating from (888) 555-1234 begin_of_the_skype_highlighting (888) 555-1234 end_of_the_skype_highlighting for it is the number identified in the case above.Veterans with questions about VA services should contact the Veterans Administration at (877) 222-8387 begin_of_the_skype_highlighting (877) 222-8387 end_of_the_skype_highlighting or their nearest VA medical center.

The Fulton County VAC office is located at 132 N. Adams St., Lewistown.

Copyright 2010 Canton Daily Ledger. Some rights reserved http://www.cantondailyledger.com/news/x1540368784/VA-publishes-proposed-Agent-Orange-presumption-regulation-for-conditions-warns-veterans-about-fraudulent-callers

[LarryJ]

What needs to be "checked out"?

[jbasser]

No need to check it out as it is the real deal. We have been on top of th is one for quite some time now. We have did Radio shows on it at SVR and discussed it in detail. The only concern I have is the molasses slow inplementation of the changes.

J

Edited May 10, 2010 by jbasser

[Honibe]

Vperl, the part if your post printed in blue, I am able to concur with.

"the secretary of the Department of Veterans Affairs (VA) announced his decision to establish presumption of service connection for three additional illnesses (Parkinson's disease, ischemic heart disease, and B cell leukemia) associated with Agent Orange/herbicide exposure in Vietnam.

On March 25, 2010, the VA published a proposed regulation in the Federal Register as part of the process to implement the decision to add those three diseases to the list of presumptive conditions related to Agent Orange/herbicide exposure.

The final regulation will affect a large number of Vietnam veterans, estimated to be at least 200,000 veterans.

"This is an important step forward in ensuring that Vietnam veterans are justly compensated for the adverse effects suffered by exposure to Agent Orange during their service to our country," said Andy Fyffe, superintendent of Fulton County Veterans Assistance Commission, in a press release.

Veteran service officers should file presumptive claims now for these conditions without waiting for the completion of the regulation process, the press release from Fyffe added. Filing these claims prior to the publication of the final regulation is important for effective purposes and it also allows VA to start the claims development process (conducting VA examinations, requesting supporting evidence, etc.) to allow for timely adjudication once the final regulation has been published.

I have put together just a few steps, not all but a few, that may help with a claim.

If you have been diagnosed or you suspect you suffer from one of these presumptive conditions, call the VA 800# or send in a VA Form 21-4138 and open a claim for the condition/illness. Just tell the person on the phone or send in a letter saying "I want to open a claim for ______" and name your illness or suspected presumptive condition, date and sign it. DO NOT WAIT, your future checks once you are SC'd my be entitled to retro pay, get the earliest effective date you can. Since these claims are on hold for rating purposes, you will have plenty of time to gather medical evidense.

If you decide to call the 800# I would also follow-up with a VA Form 21-4138 or a letter confirming on such and such a date I call the VA to open a claim for ________. If you have a Power of Attorney with a Service Organization they can open a claim for you also, (make sure you follow-up and they actually do open the claim on your behalf). The sooner you call the earlier your date of claim or effective date.

Within 30 days or before, you should receive in the mail a VCAA letter from the VA. If you do not recieve the VCAA letter within 45 days, call the VA 800# and ask, " where's my VCAA letter". The 800# person. WILL NOT KNOW THE ANSWER to your question, but they can put a message into the computer to ask the Veteran Service Representative who has your claim assignment, and this should help speed things up.

When you get your letter, the letter should state, "we have receiced your claim for", _______ condition.". (it will list the condition). It will then go on to say, how the VA can help you and how you can help the VA with this claim.

It will ask you to provide names and addresses for the doctors or facilities where you have rec'd treatment and will ask you to fill out a VA Form 21-4142 (release of information for your records). Make sure you sign and date them on all places it asks for your signature, but especially on the back-side of the form. One form for each doctor or facility. You may need copies of the form, to get more copies, (google and print From 21-4142 ).

Fill out forms for private doctors and for the VAMC and VA clinics where you are treated. For recent military service, veterans need to complete these forms for all in treatment you received at facilities while serving active, inactive and reserve duties. List your unit numbers and address. MOST IMPORTANT, give a date or date range for treatment. No dates they will send the forms back to you to put in dates. (no dates, you might as well add 60 to 70 days to your claim).

In most cases, the VA will only try to get your records (2 times). Generally, if they request a second time you will get a letter telling you that they are requesting them a second time. This is YOUR clue to call your "private" doctor and medical facilities and get them to send in your records to the VA or better yet, for you to get your records and send or fax them to the VA. This process can and does slow your claim down by over 3 to 4 months. If there is anyway for you to get your own medical records by all means do so, it will help speed things up.

If you are ready for the VA to process your claim, RETURN THE SIGNED VCAA ELECTION RESPONSE NOTICE, and check the box for no more evidense to provide. If you need more time, send in another VA FORM 21-4138 telling them you need more time.( The VA likes forms and forms get attention).

When the VA gets the VCAA back and all available medical evidense is in the file, the VA will send a notice for the C & P examination that is needed to the VAMC or contract examination center. Then, the VAMC or Contractors will notify you of your exam date and time. For the presumptive heart condition, it will be a C & P exam for Ischemic Heart Condition related to or due to Herbicide exposure. Each condition will have it's own C & P exam unless the VA has been able to group exams, such as the DMII exam. The VA is big on exams.

Once your exam is done, your claim for these presumtive condtions will wait, and wait and wait for the OK from Washington, to process the final claim through the rating process. The three new presumptive consitions are on "hold" until the VA gets the order to go ahead and rate. (Not a good thing for Our Veterans) but the REGIONAL offices cannot process any further than getting them ready to rate.

Jost a side note: If this was a regular claim, not A "pending presumptive claim", your claim would be sent to the rater as soon as all medical evidense is received and the examination REPORT is completed by the examining doctor/facility, who ever is doing the exam, is downloaded a the paper copy is placed in your file. Then it is sent to the rater.

Hopes this helps. - Honibe

[jbasser]

Vperl, the part if your post printed in blue, I am able to concur with.

"the secretary of the Department of Veterans Affairs (VA) announced his decision to establish presumption of service connection for three additional illnesses (Parkinson's disease, ischemic heart disease, and B cell leukemia) associated with Agent Orange/herbicide exposure in Vietnam.

On March 25, 2010, the VA published a proposed regulation in the Federal Register as part of the process to implement the decision to add those three diseases to the list of presumptive conditions related to Agent Orange/herbicide exposure.

The final regulation will affect a large number of Vietnam veterans, estimated to be at least 200,000 veterans.

"This is an important step forward in ensuring that Vietnam veterans are justly compensated for the adverse effects suffered by exposure to Agent Orange during their service to our country," said Andy Fyffe, superintendent of Fulton County Veterans Assistance Commission, in a press release.

Veteran service officers should file presumptive claims now for these conditions without waiting for the completion of the regulation process, the press release from Fyffe added. Filing these claims prior to the publication of the final regulation is important for effective purposes and it also allows VA to start the claims development process (conducting VA examinations, requesting supporting evidence, etc.) to allow for timely adjudication once the final regulation has been published.

I have put together just a few steps, not all but a few, that may help with a claim.

If you have been diagnosed or you suspect you suffer from one of these presumptive conditions, call the VA 800# or send in a VA Form 21-4138 and open a claim for the condition/illness. Just tell the person on the phone or send in a letter saying "I want to open a claim for ______" and name your illness or suspected presumptive condition, date and sign it. DO NOT WAIT, your future checks once you are SC'd my be entitled to retro pay, get the earliest effective date you can. Since these claims are on hold for rating purposes, you will have plenty of time to gather medical evidense.

If you decide to call the 800# I would also follow-up with a VA Form 21-4138 or a letter confirming on such and such a date I call the VA to open a claim for ________. If you have a Power of Attorney with a Service Organization they can open a claim for you also, (make sure you follow-up and they actually do open the claim on your behalf). The sooner you call the earlier your date of claim or effective date.

Within 30 days or before, you should receive in the mail a VCAA letter from the VA. If you do not recieve the VCAA letter within 45 days, call the VA 800# and ask, " where's my VCAA letter". The 800# person. WILL NOT KNOW THE ANSWER to your question, but they can put a message into the computer to ask the Veteran Service Representative who has your claim assignment, and this should help speed things up.

When you get your letter, the letter should state, "we have receiced your claim for", _______ condition.". (it will list the condition). It will then go on to say, how the VA can help you and how you can help the VA with this claim.

It will ask you to provide names and addresses for the doctors or facilities where you have rec'd treatment and will ask you to fill out a VA Form 21-4142 (release of information for your records). Make sure you sign and date them on all places it asks for your signature, but especially on the back-side of the form. One form for each doctor or facility. You may need copies of the form, to get more copies, (google and print From 21-4142 ).

Fill out forms for private doctors and for the VAMC and VA clinics where you are treated. For recent military service, veterans need to complete these forms for all in treatment you received at facilities while serving active, inactive and reserve duties. List your unit numbers and address. MOST IMPORTANT, give a date or date range for treatment. No dates they will send the forms back to you to put in dates. (no dates, you might as well add 60 to 70 days to your claim).

In most cases, the VA will only try to get your records (2 times). Generally, if they request a second time you will get a letter telling you that they are requesting them a second time. This is YOUR clue to call your "private" doctor and medical facilities and get them to send in your records to the VA or better yet, for you to get your records and send or fax them to the VA. This process can and does slow your claim down by over 3 to 4 months. If there is anyway for you to get your own medical records by all means do so, it will help speed things up.

If you are ready for the VA to process your claim, RETURN THE SIGNED VCAA ELECTION RESPONSE NOTICE, and check the box for no more evidense to provide. If you need more time, send in another VA FORM 21-4138 telling them you need more time.( The VA likes forms and forms get attention).

When the VA gets the VCAA back and all available medical evidense is in the file, the VA will send a notice for the C & P examination that is needed to the VAMC or contract examination center. Then, the VAMC or Contractors will notify you of your exam date and time. For the presumptive heart condition, it will be a C & P exam for Ischemic Heart Condition related to or due to Herbicide exposure. Each condition will have it's own C & P exam unless the VA has been able to group exams, such as the DMII exam. The VA is big on exams.

Once your exam is done, your claim for these presumtive condtions will wait, and wait and wait for the OK from Washington, to process the final claim through the rating process. The three new presumptive consitions are on "hold" until the VA gets the order to go ahead and rate. (Not a good thing for Our Veterans) but the REGIONAL offices cannot process any further than getting them ready to rate.

Jost a side note: If this was a regular claim, not A "pending presumptive claim", your claim would be sent to the rater as soon as all medical evidense is received and the examination REPORT is completed by the examining doctor/facility, who ever is doing the exam, is downloaded a the paper copy is placed in your file. Then it is sent to the rater.

Hopes this helps. - Honibe

The 21-4138 is only good for filing a claim if a claimant has filed a claim before. A New claimant will have to file the claim using the form 21-526 or go on line at VA.gov and use VONAPP.

J

[Honibe]

This is not meant as an argumentative response. This is only because Veterans need to get their claim open and get an effective date. Opening any claim can be done over the telephone. The Veteran just needs to call the 800# and get the ball rolling and get his or her name and information in the system.

The VA is obliged to accept an initial claim, new claim or re-opened claim, by any means the veteran can or is able to provide. A telephone call to the call center. Or a signed and dated request, with the Veterans name and identifiable information, submitted on a piece of scratch paper to the VARO, by mail or in person. All of these are considered a claim.

If the VA wants an official form filled out, it is the VA's responsibilty to write a VCAA letter identifying the Veterans claimed conditions, confirming the veterans desire to open a claim. Once the claim is opened the VCAA or the telephone copntact people will do the follow-up on getting whatever forms may or may not be necessary to proceed with the claim.

The date of claim is the date the Veteran stated to the VA representative that he has a service related condition and he wants to open a claim for his or her, such-in-such, condtition. Everything at the VA runs by the Date of Claim (DOC).

[john999]

If you are going to file a claim why risk the 800# when you can just fill out a letter and send it certified mail/return receipt and be sure that there is some record. To file a claim by calling the 800 number is risking that claim vanishing into the blue. If it a claim for an increase all you need is three or four lines on paper. I have never heard of anyone filing an original claim with the VA via the 800 number. Maybe Iris and maybe not. How about downloading the Statement in Support of Claim form and using it at least as your cover sheet with a signed and sworn statement from the vet or his representative.