Va Publishes Final Regulation To Aid Veterans Exposed To Agent Orange

[allan]

On Fed Register Tuesday, Aug 31^st

http://www.access.gpo.gov/su_docs/aces/fr-cont.html

-----Original Message-----

From: VA Media Relations [mailto:va.media.relations@VA.GOV]

Sent: Monday, August 30, 2010 10:28 AM

To: colonel-dan@sbcglobal.net

Subject: VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange

VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange

VA Health Care and Benefits Provided for Many Vietnam Veterans

WASHINGTON (August 30, 2010)- Veterans exposed to herbicides while

serving in Vietnam and other areas will have an easier path to access

quality health care and qualify for disability compensation under a

final regulation that will be published on August 31, 2010 in the

Federal Register by the Department of Veterans Affairs (VA). The new

rule expands the list of health problems VA will presume to be related

to Agent Orange and other herbicide exposures to add two new conditions

and expand one existing category of conditions.

"Last October, based on the requirements of the Agent Orange Act of

1991 and the Institute of Medicine's 2008 Update on Agent Orange, I

determined that the evidence provided was sufficient to award

presumptions of service connection for these three additional diseases,"

said Secretary of Veterans Affairs Eric K. Shinseki. "It was the right

decision, and the President and I are proud to finally provide this

group of Veterans the care and benefits they have long deserved."

The final regulation follows Shinseki's determination to expand the list

of conditions for which service connection for Vietnam Veterans is

presumed. VA is adding Parkinson's disease and ischemic heart disease

and expanding chronic lymphocytic leukemia to include all chronic B cell

leukemias, such as hairy cell leukemia.

In practical terms, Veterans who served in Vietnam during the war and

who have a "presumed" illness don't have to prove an association between

their medical problems and their military service. By helping Veterans

overcome evidentiary requirements that might otherwise present

significant challenges, this "presumption" simplifies and speeds up the

application process and ensure that Veterans receive the benefits they

deserve.

The Secretary's decision to add these presumptives is based on the

latest evidence provided in a 2008 independent study by the Institute of

Medicine concerning health problems caused by herbicides like Agent

Orange.

Veterans who served in Vietnam anytime during the period beginning

January 9, 1962, and ending on May 7, 1975, are presumed to have been

exposed to herbicides.

More than 150,000 Veterans are expected to submit Agent Orange claims in

the next 12 to 18 months, many of whom are potentially eligible for

retroactive disability payments based on past claims. Additionally, VA

will review approximately 90,000 previously denied claims by Vietnam

Veterans for service connection for these conditions. All those awarded

service-connection who are not currently eligible for enrollment into

the VA healthcare system will become eligible.

This historic regulation is subject to provisions of the Congressional

Review Act that require a 60-day Congressional review period before

implementation. After the review period, VA can begin paying benefits

for new claims and may award benefits retroactively for earlier periods.

For new claims, VA may pay benefits retroactive to the effective date of

the regulation or to one year before the date VA receives the

application, whichever is later. For pending claims and claims that

were previously denied, VA may pay benefits retroactive to the date it

received the claim.

VA encourages Vietnam Veterans with these three diseases to submit their

applications for access to VA health care and compensation now so the

agency can begin development of their claims.

Individuals can go to a website at

http://www.vba.va.gov/bln/21/AO/claimherbicide.htm

<http://www.vba.va.gov/bln/21/AO/claimherbicide.htm> to get an

understanding of how to file a claim for presumptive conditions related

to herbicide exposure, as well as what evidence is needed by VA to make

a decision about disability compensation or survivors benefits.

Additional information about Agent Orange and VA's services for Veterans

exposed to the chemical is available at

www.publichealth.va.gov/exposures/agentorange

<http://www.publichealth.va.gov/exposures/agentorange/> .

The regulation is available on the Office of the Federal Register

website at http://www.ofr.gov/ <http://www.ofr.gov/> .

"Keep on, Keepin' on"

Dan Cedusky, Champaign IL "Colonel Dan"

See my web site at:

http://www.angelfire.com/il2/VeteranIssues/

[sawgunner]

What does it say on the death certificate as cause of death?

Sepsis infection.... This after fighting cancer for 2 years.

[Berta]

Is the exact type of cancer listed as contributing cause of death on the death certificate?

Was an autopsy done?

"He had prostate cancer, which is covered byt the VA as presummed.... But his cancer started as colon cancer."

If the medical type of cancer for the colon cancer was a STS (Soft tissue Sarcoma)and is listed in the 30-or more STS cancers in the AO regs, then the wife has basis for AO DIC claim-if in fact the cancer contributed in some way to his death.

I hope an autopsy was done and that she has the results. She might well need to get an independent medical opinion.

Did he have any type of claim pending when he died? If so she must file the 21-534 within the first year after his death to be eligible for any potential accrued benefits.

STS cancers have numerous medical descriptions.

His medical records have to be carefully searched for the exact type of colon cancer he had to see if it is in fact a STS cancer.

A search for Soft Tissue sarcoma here should bring up the list of these cancers.

I assume he was a Vietnam incountry veteran.

If this was a VA hopspital; and she feels that this infection was not properly treated in time by VA-maybe she should consider filing a DIC claim under Section 1151, 38 USC and even suing them under Federal Tort Claims Act.

This shows what I mean and we have 1151 and FTCA info in our FTCA forum.

http://www.medicalmalpractice.com/resources/medical-malpractice/medical-malpractice-injuries/hospital-acquired-infection-sepsis.htm

Not enough here to know if the septis could have been prevented or treated better before death occurred. It is something to consider.

[Berta]

This family got almost a million regarding a veteran's death due to sepsis:

http://www.sabatinipersonalinjurylaw.com/2009/01/29/failure-to-treat-sepsis-medical-malpractice claims

Then again VA saves lives every day and there might be nothing here to show any negligence or malpractice.

Malpractice is always found in the clinical records. It is very hard to find but-if it is there-it is there.

She should get a copy of his VA medical records before she files any type of claim of this nature.

[sawgunner]

Thanks you sooooooooo much Berta!!!

Yes.. He was in Vietnam.

His Sepsis was cause by a urine infection... He had to wear both bags after his first cancer opperation.

I"m not sure what kind of colon cancer he had. I will be trying to find out.

He had never been to a VA hospital.. "refused to go to the VA" And he had not filled a claim.

sawgunner

[Testvet]

gee Berta that is pretty much what the first doctor did when I was 37 and having my first brush with heart attacks they told me it was pluerisy and gas and to take some liquid antacid didn't do a damn thing to stop the heart attack the tripe bypass a few weeks later did however but like the doc said I was a letter carrier who walked 20 miles a day I didn't look like a person who should be having a heart attack I wasn't overweight I got plenty of exercise and my age just did not fir the profile for heart problems now look at me I have been disabled more than 8 years and lost 60 pounds and am probably in better shape than I was a decade ago

now I have a goal to keep breathing and cashing their checks just as long as I can.......

[john999]

I bet a good malpractice lawyer can find malpractice in every single case he looks at if it is worth his while to look. If you are really ill and spend time in a hospital chances are you will suffer neglect of some kind. If you end up in a VA nursing home you will definitely suffer neglect.