HadIt.com Elder allan Posted August 30, 2010 HadIt.com Elder Share Posted August 30, 2010 On Fed Register Tuesday, Aug 31st 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/ Link to comment Share on other sites More sharing options...
sawgunner Posted September 1, 2010 Share Posted September 1, 2010 What does it say on the death certificate as cause of death? Sepsis infection.... This after fighting cancer for 2 years. Link to comment Share on other sites More sharing options...
Berta Posted September 1, 2010 Share Posted September 1, 2010 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. 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 More sharing options...
Berta Posted September 1, 2010 Share Posted September 1, 2010 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. 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 More sharing options...
sawgunner Posted September 1, 2010 Share Posted September 1, 2010 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted September 1, 2010 HadIt.com Elder Share Posted September 1, 2010 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....... 100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD a disabled American veteran certified lol "A journey of a thousand miles must begin with a single step." Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted September 1, 2010 HadIt.com Elder Share Posted September 1, 2010 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. Link to comment Share on other sites More sharing options...
Question
allan
On Fed Register Tuesday, Aug 31st
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/
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