Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Delay In New Agent Orange Presumptives?

Rate this question


JustPLS

Question

I read this today on Military.com's newsletter (Copyright 2010 Tom Philpott) and hadn't heard it before. Has anyone else heard of this? I am paraphrasing a bit, but a link to the entire article is below.

Webb: Delay Agent Orange Claims, Stop Bigger Pay Raises

Sen. Jim Webb (D-Va) could become a new champion, for taxpayers, against what he perceives as excessive spending on a new wave of Agent Orange claims.

Webb risked the anger of thousands of veterans from that war when he won Senate approval last week of an amendment to block, at least temporarily, the Department of Veterans Affairs from paying new disability claims on three prominent diseases presumed linked to wartime herbicide exposure.

As many as 86,000 Vietnam veterans with ischemic heart disease, Parkinson's disease or B-cell leukemia are awaiting a final VA regulation to receive disability compensation based on a decision last fall by VA Secretary Shinseki of evidence linking these diseases with exposure to deadly defoliant used during the war.

VA officials not only have published interim regulations already but, for months, have been encouraging veterans stricken with these diseases, or their surviving spouses, to file new claims or re-file claims as soon as possible because benefits would be paid back to claim filing dates.

But Webb proposed, and senators accepted May 27, an amendment to the fiscal 2010 war supplemental funding bill (HR 4899) to limit spending on claims filed for these new presumptive Agent Orange diseases for 60 days. That will allow Congress time to study the VA decision and examine more closely the link found between these diseases and herbicide exposure.

What worries Webb, said one Capitol Hill source, is that, based on modest scientific evidence, VA could be paying claims on diseases that a large proportion of any population will contract through normal aging.

Webb's amendment language, if agreed to by the House, would invoke the Congressional Review Act which allows a funding freeze on any major government regulation or initiative so Congress can review the proposed changes. If in 60 days opposition strengthens and a majority of lawmakers will risk the wrath of expectant veterans with these ailments, Congress could pass a joint resolution to prevent a final regulation from taking effect.

a link to the entire article: http://www.military....00.html?wh=news

Edited by JustPLS

Pat

I wonder if I would have all the medical conditions that I have now if I had never joined the Army. I'm pretty sure the answer would probably be no. When I look around and see others my age who were not in the service, most of them look pretty healthy.

Do you think all the employees of the VA really understand that it is ONLY because we served that their positions even exist?

'67-'68 1st Cav, '69-'70 101st Abn

Link to comment
Share on other sites

  • Answers 39
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

We expected some yahoo to step in and protect the taxpayer.

We might be able to convince Webb if his email gets used well.

Link to comment
Share on other sites

Senator Webb was a Combat Marine!!!!!!!!!!!! But I guess he doesn't have any of the AO presumptives from Vietnam- lucky him-

as a Senator he has a good sized pay check and fabulous medical care.

I hope AO vets will overwhelm him with emails and phone calls,

I passed this on to Larry Scott -VA Watchdog-

I guess if HR 2254 ever passes -what will he do about that because that will cost VA plenty too.

Where do these clowns come from?

Sometimes I think these congress/senator people do this crap just to get their name in the news.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

After reading this I'll just bite my tounge and hold what I want to say because I don't want to get booted from the forum.

Jeff

I did send him an e-mail in case anyone is wondering. I suggest that we all do.

Edited by Sgt Schmidt
Link to comment
Share on other sites

The claims that the V A is getting now, is not a bunch of old people claiming newly aquired diseases that they are trying to collect money for but for diseases they have had for years , and until they were encouraged by the V A to file for the 3 new presumed diseases they had sat back and watched as other vets(National Guards) drew disability for falling out the door of a

donut shop .and because diabetes is hereditary, not mention them being twice their normal wieght. Dang shame the Vietnam Veteran has to Die in order to get anything from the government but that is what they are waiting for!!!!!!!!!!! {tombstones} are cheap. Ticks me off to watch all these disabled vets ride around town and brag about all the money they get from V.A. and they are able to do anything they want. I am permanently and totally disabled due to IHD .I am on a time released nitro tablet twice a day ,2 bp meds and I cant even mow my own grass.

Mr. Webb may be a Vietnam Vet but I bet he would change his tune if he had half the problems alot of us do. Not mad, just disappointted that our elected officials balance their budget by taking away from sick veterans .

Link to comment
Share on other sites

  • HadIt.com Elder

Webb is worried because a vet might get a benefit that is due to natural aging! To make an error in favor of vets is a terrible thing. I hope this clown gets voted out of office. I begin to think nobody cares about Vietnam vets even other fortunate Vietnam vets. I will send him an email myself. Most don't answer out of state email. Some don't even accept it. 40 years of abuse for Vietnam vets. It ends in the grave I guess.

Link to comment
Share on other sites

Now is the time for all vets and those who care about vets to contact all the people they can in VA!!!!!!!!!!!!!!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use