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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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ranger43

New Ao Presumptives

Question

Can Senator Webb and Congress stop these 3 new presumptives or at the most just delay them? I thought the Agent Orange Act of 1991 gave the Secretary of VA the authority to add these. At the worst what can happen to getting these added?

Thanks

Bob

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5 answers to this question

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Can Senator Webb and Congress stop these 3 new presumptives or at the most just delay them? I thought the Agent Orange Act of 1991 gave the Secretary of VA the authority to add these. At the worst what can happen to getting these added?

Thanks

Bob

As I understand the Congressional Review Act, during a 60-day period, Congress can evaluate the decision of the VA to add the three new presumptives to the Agent Orange list. If Congress does not agree with the VA, then legislation would have to be introduced and passed in both the Senate and the House to rescind the VA's decision. Has Congress ever rescinded a VA decision before? No. Is it possible that Congress might do so this time? I don't think so.

The VA is continuing to move this proposed regulation through the appropriate regulatory channels for final review. It is currently at the Office Of Management And Budget (OMB). Below is the link to the OMB page that shows the status of the VA proposed regulation.

http://www.reginfo.g...4&RIN=2900-AN54

I believe it can stay at the OMB for up to 90 days.

I'm thinking that it may be sometime in mid to late fall before it is finally posted in the Federal Register, barring an unpleasant surprise from Congress.

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ranger43,

You might want to check this thread.

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As I understand the Congressional Review Act, during a 60-day period, Congress can evaluate the decision of the VA to add the three new presumptives to the Agent Orange list. If Congress does not agree with the VA, then legislation would have to be introduced and passed in both the Senate and the House to rescind the VA's decision. Has Congress ever rescinded a VA decision before? No. Is it possible that Congress might do so this time? I don't think so.

The VA is continuing to move this proposed regulation through the appropriate regulatory channels for final review. It is currently at the Office Of Management And Budget (OMB). Below is the link to the OMB page that shows the status of the VA proposed regulation.

http://www.reginfo.g...4&RIN=2900-AN54

I believe it can stay at the OMB for up to 90 days.

I'm thinking that it may be sometime in mid to late fall before it is finally posted in the Federal Register, barring an unpleasant surprise from Congress.

I checked the link and there is a final action date of December of 2010.

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I checked the link and there is a final action date of December of 2010.

Hopefully, this bill won't take as long to become final as it took for the PTSD bill to become final 7/13/10 almost 11 months after the NPRM was published 8/24/09. I know that OMB has statutory authority to take up to 90 days for its review, but I don't know what further has to be done with the bill before it can be published as a final rule. Assuming OMB has no issues with it, does the VA have anything further to do with it after OMB completes its review? I'd like to think it'll be published as a final rule before the end of October, but anything could happen between now and then. In the meantime, the stay remains in effect on my claim filed 8/10/09 although I do continue to send updated medical evidence to the VA Regional Office that's developing my case after it was farmed out to them from another VA Regional office that's apparently drowning in cases. Once the new rule becomes final, I expect processing time will increase dramatically even with new examiners being hired.

Jim Corbett (Grand Rapids, Michigan)

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Hopefully, this bill won't take as long to become final as it took for the PTSD bill to become final 7/13/10 almost 11 months after the NPRM was published 8/24/09. I know that OMB has statutory authority to take up to 90 days for its review, but I don't know what further has to be done with the bill before it can be published as a final rule. Assuming OMB has no issues with it, does the VA have anything further to do with it after OMB completes its review? I'd like to think it'll be published as a final rule before the end of October, but anything could happen between now and then. In the meantime, the stay remains in effect on my claim filed 8/10/09 although I do continue to send updated medical evidence to the VA Regional Office that's developing my case after it was farmed out to them from another VA Regional office that's apparently drowning in cases. Once the new rule becomes final, I expect processing time will increase dramatically even with new examiners being hired.

Jim Corbett (Grand Rapids, Michigan)

Upon final completion of the review by the OMB, the regulation will then be sent back to the VA for the Secretary's signature. Once it is signed, it will be posted in the Federal Register. With this being a regulation of significant economic value, the Congressional Review Act is then activated whereby it is subject to review by Congress for a 60 day period. If Congress does not object to the new regulation, then at the end of the 60 days, it becomes effective.

Assuming no objections from Congress, I estimate sometime in mid to late fall. It is highly doubtful that Congress will veto the regulation, despite some of the political chatter coming from a certain senator from Virginia.

Hope this helps you.

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