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

[mozartplayer]

The NPRM adding the three new Agent Orange presumptive diseases was published in the Federal Register March 26, 2010 and the 30 day public comment period ended April 26, 2010. I took the time to read all 700 plus comments, most of which had to do with Parkinson's Disease with about 50 plus relating to ischemic heart disease. As a veteran who has been diagnosed with both prostate cancer and hairy cell leukemia, I was somewhat surprised not to find a single public comment relating to hairy cell leukemia other than for the comment I submitted. I have had a compensation claim pending since August of 2009 based on believing I was exposed to Agent Orange not only during my TDY duty at Tan Son Nhut in 1962 not long after Operation Ranch Hand begun, but also during my 18 months at Kadena AB, Okinawa 1961-1963 and perhaps even exposed during 3 months of TDY at Howard AB, Canal Zone in late 1963 where it is believed that Agent Orange was also sprayed. I'm sure the VA is going to be overloaded with new claims now that the three new diseases are being added although I believe it'll be another 60 days or longer before the new regs are formally implemented. My claim is on hold until that time.

[Sgt Schmidt]

I spoke with my VSO this morning and he said the IHD claims will most likely be processed no earlier than December from the information he has received do to the large back log. The VA is hiring 4000 new employees to help handle this back log......

He said all I can do is wait, wait, wait. I called my RO about two months ago and they said my claim for IHD, DMII, and glaucoma was ready to go to the review board but the regs haven't been issued for the IHD yet. If your claim concerns a terminal disease they might hurry it up. Haven't heard a thing from them. Once again, wait, wait, wait. So why the hold up on the DMII and glaucoma? That should be a no brainer for them since I was a boots on the ground vet.

How long do we wait:

[carlie]

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).

This post contains some in-correct information.

I do not have the time to correct it all right now.

Hopefully someone will chime in on this.

carlie

[vperl]

Glad to see some movement On the AO 3 . One never knows what is to happen, the VA could spit out awards in july, or feb of 2011. no one knows.

[Berta]

And VA has no reason to stall-most of the new AO claims could be properly awarded in a heartbeat.

There is no monetary value to VA either if the veteran unfortunately dies waiting for an AO claim award - because if the vet dies with next of kin-(which can be for AO claims- someone other then the spouse or children)then Nehmer says the VA MUST pay the Estate of the widow/widower- and the VA Cannot keep any AO retro.They are even supposed to seek next of kin but I bet they dont try to hard on that. I gave them my lawyers name and my will info in case I died before I got awarded.

"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)"

This is wrong.

Also thinking that you can call 800# to re open or file a new claim-I think is poor advise-

the 8--# people can hardly read the VA computer correctly -I would never trust them to file a claim by phone.

The date of a claim is the date it is filed by the veteran.

Medical evidence, perhaps an SSA award,claims filed within one year of discharge, and ramifications of Nehmer for AO claims can change the retro date from the filing date.

[DuRock]

And VA has no reason to stall-most of the new AO claims could be properly awarded in a heartbeat.

There is no monetary value to VA either if the veteran unfortunately dies waiting for an AO claim award - because if the vet dies with next of kin-(which can be for AO claims- someone other then the spouse or children)then Nehmer says the VA MUST pay the Estate of the widow/widower- and the VA Cannot keep any AO retro.They are even supposed to seek next of kin but I bet they dont try to hard on that. I gave them my lawyers name and my will info in case I died before I got awarded.

"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)"

This is wrong.

Also thinking that you can call 800# to re open or file a new claim-I think is poor advise-

the 8--# people can hardly read the VA computer correctly -I would never trust them to file a claim by phone.

The date of a claim is the date it is filed by the veteran.

Medical evidence, perhaps an SSA award,claims filed within one year of discharge, and ramifications of Nehmer for AO claims can change the retro date from the filing date.

Berta, are you saying that the DOC can be changed if there is documentation stating that the condition existed prior to the DOC. I have medical statements concerning my IHD all the way back to 1999 when I had me first Heart attack and had 2 stents placed. Now I have advanced to a totally occulted right coronary with cronic CHF and 8 stents, fully documented and sent in to the VA. This would be very good for me.

DuRock