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1151 Exclusions Removed Champva Allowed? H. R. 843


Jason Kahl

Question

Under this act all exclusions are removed, How can CHAMPVA write their own law? The exclusions for 1151 were removed under this how can CHAMPVA be denied?

""‘© A qualifying additional disability or a qualifying death under this section shall be considered to be a service-connected disability, or a death due to a service-connected disability, for purposes of all laws administered by the Secretary.’."""

NOTICE THE WORD "ALL" Laws administered by the Secretary...

HR 843 IH

108th CONGRESS

1st Session

H. R. 843

To amend title 38, United States Code, to provide full service-connected disability benefits for persons disabled by treatment or vocational rehabilitation provided by the Department of Veterans Affairs and for survivors of persons dying from such treatment.

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mr. REYES (for himself, Mr. EVANS, Ms. CORRINE BROWN of Florida, Mr. FILNER, and Mr. ABERCROMBIE) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide full service-connected disability benefits for persons disabled by treatment or vocational rehabilitation provided by the Department of Veterans Affairs and for survivors of persons dying from such treatment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,




  • SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Injured Veterans Benefits Eligibility Act of 2003’.


Read the LAST line.."a), shall apply with respect to service-connection for purposes of eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act."

SEC. 2. FULL SERVICE-CONNECTED DISABILITY BENEFITS FOR PERSON DISABLED BY TREATMENT OR VOCATIONAL REHABILITATION.

(a) IN GENERAL- Section 1151 of title 38, United States Code, is amended by adding at the end the following new subsection:

‘© A qualifying additional disability or a qualifying death under this section shall be considered to be a service-connected disability, or a death due to a service-connected disability, for purposes of all laws administered by the Secretary.’.

(b) EFFECTIVE DATE- Subsection © of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to service-connection for purposes of eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act.

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This bill died in Committee many years ago:

http://www.govtrack....bills/108/hr843

Under this act all exclusions are removed, How can CHAMPVA write their own law? “ They didnt.

The exclusions for 1151 were removed under this how can CHAMPVA be denied?

No exclusions have been removed. This bill never became law.

http://www.va.gov/ha...pva/champva.asp

I see you are a 170% vet. Are you Permanent & Total as well? Does your rating warrant SMC?

The P & T status ,if you meet this criteria ,would award CHAMPVA to your spouse and any children:

I am a Section 1151er as well as a CHAMPVA recipient.(husband was 100% SC P & T at death, granting CHAMPVA with 3 years retro EED.-he was also dead due to VA health care. Section 1151 and FTCA award)

I certainly see your point-it doesn't seem fair- but the bill introduced in the House received no additional sponsors or interest.

Eligibility

To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS and you must be in one of these categories:


  1. the spouse or child of a veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office, or


  2. the surviving spouse or child of a veteran who died from a VA-rated service connected disability, or


  3. the surviving spouse or child of a veteran who was at the time death rated permanently and totally disabled from a service connected disability, or


  4. the surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).

An eligible CHAMPVA sponsor may be entitled to receive medical care through the VA health care system based on his or her own veteran status. Additionally, as the result of a recent policy change, if the eligible CHAMPVA sponsor is the spouse of another eligible CHAMPVA sponsor, both may now be eligible for CHAMPVA benefits. In each instance where the eligible spouse requires medical attention, he or she may choose the VA health care system or coverage under CHAMPVA for his/her health care needs. If you have been previously denied CHAMPVA benefits and you believe you would now be qualified, please submit an application following the guidelines as listed on the “How to apply” section.”

-------------------

You can ask the VA to consider you as P & T, and provide evidence of that and then if that claim is successful, your dependents will be awarded CHAMPVA which is retro to the P & T award Effective date.

We have had Glenn Johnson, a top CHAMPVA employee, at many SVR shows here via hadit over the past.

Those shows are available at the SVR link on the main page, under the archived shows and any PC media player will bring them up so you can hear them.

Edited by Berta
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Can you clarify whether you get comp under 1151, or direct SC or both?

Are you asking for your own dependents?

"I see you are a 170% vet. Are you Permanent & Total as well? Does your rating warrant SMC?

The P & T status ,if you meet this criteria ,would award CHAMPVA to your spouse and any children:"

I should have added if the 170% is directly SCed. I cant tell if part of your award or all of it is under Section 1151.

Edited by Berta
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If the SMC issues at 70% are,in fact, your SC disabilities, I suggest you get a good vet rep to consider that you file for TDIU (21-8940 form( ASAP _ and ask for P & T consideration too and claim solely the 70% SC as warranting the TDIU (100% rate of comp)

That would even be,in my opinion, worthwhile to get an IMO for, to cover the unemloyability issue as well as the P & T.

Do you get SSDI benefits and if so are they solely for the SC disabilities?

I basically did this myself.

VA awarded 100% P & T for SC PTSD posthumously to my husband.

I won an FTCA case that same month and VA then awarded me DIC under 1151.

My daughter insisted I reopen the claim for DMII from AO contributing to death. DMII never appears once in my husband's med recs.

I had to become a 'doctor' again and review carefully all his available med recs.

I found enough evidence to show she was right.

This time I got 3 IMos for this claim.The BVA awarded that claim in 2009.

Had I not been awarded that claim, the 2010 AO IHD regs would have awarded it.

My husband's 1151 CVA was finally rated due to a CUE claim I field in 2004-in January too and that award was under 1151 and separate from the IHD award.

I starting thinking today that they paid for direct SC IHD but never for 1151 IHD. I am going to have to NOD the decision.

My DIC award under 1151 and the FTCA documents from the settlement specifically state that my husband's IHD and CVA were malpracticed on and the IHD is also a direct SC award.

These claims ,and ANY 1151 issues , in my personal experience with my own claims, often need a thorough independent review. and the best review of all would come from a real doctor, not some doctor who gets paid by the VA to manipulate evidence in a C & P in order to deny the claim.

(In my case the RO deliberately withheld critical evidence from a C & P doctor as well as from the VACO doctors in DC for my 1151/FTCA claim and only because I was proactive did I find this out.Otherwise I would have never won. They can go pretty low sometimes.)

Edited by Berta
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One more thought- when the VA awarded the 70% did they consider you ,in the decision ,for TDIU under this regulation?

Or did they say that issue was moot too?

http://www.law.cornell.edu/cfr/text/38/4.16

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