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Va’S Final Gulf War Regulation Shortchanges Tens Of Thousands Of Veterans
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
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”-
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
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.Picked By
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
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Question
carlie
http://vetlawyers.com/vetblog/index.php/2012/10/new-va-regulation-shortchanges-thousands-of-veterans/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+BergmannMoore+%28Bergmann+%26+Moore%29
On October 18, 2012, in Gulf War Illness, Gulf War Veterans, VA Regulation Change, by CharlesSheehanMiles
"VA Extends Undiagnosed Illness Presumptive Period Through 2016
On October 16, the Department of Veterans Affairs (VA) published final regulations (RIN 2900-AO09) extending the deadline for the presumptive period for undiagnosed illnesses for Gulf War veterans until December 31, 2016.
This is great news for the estimated 250,000 ill Gulf War veterans who remain without treatments for their war-related conditions. VA followed science by extending the presumptive time period. However, VA still doesn’t get it right because VA excludes many important geographic locations where toxic exposures remain widespread since 1990.
Why this Regulation Was Needed
Starting in August 1990, with our first deployment of troops to Southwest Asia, Gulf War veterans returning home flooded VA hospitals seeking medical care for a variety of unexplained conditions. Many died waiting for care. Some committed suicide, distraught at VA’s refusals and delays.
A number of legislative efforts in the early 1990s resulted in the passage in 1994 of “Veterans Benefits Improvement Act” (PL 103-446). The law authorized VA to compensate veterans who were sick, but did not have a clear diagnosis. Once service-connected and compensated by VA, the veterans received free VA medical care, the main goal of the sick veterans. The new and unique presumptive period ended after two years.
Congress and later VA have extended the presumptive period several times. VA’s final regulation published this week extends the deadline through December 31, 2016. In order to qualify for disability benefits and free healthcare under this regulation, the illness must manifest itself by the end of 2016. The conditions are listed here and here.
Who Is Affected?
VA’s final regulation applies to Gulf War Veterans who served on active duty from August 2, 1990, to the present and deployed to any of the following locations: Iraq, Kuwait, Saudi Arabia, the neutral zone between Saudi Arabia and Iraq, Bahrain, Qatar, United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above those locations.
One mistake never corrected by VA was the exclusion of Turkey and Israel, both considered part of the Gulf War by the Department of Defense, but not by VA. Veterans with DD214s marked with “Gulf War” receive benefits under the final regulation. However, Veterans who deployed to the Gulf War who have a DD214 marked “Turkey” do not quality.
Eligibility for Veterans Deployed After 9/11
There is good news and bad news for our Iraq and Afghanistan war veterans. One important point: under the law, the only current period of war is the “Persian Gulf War,” a conflict that began on August 2, 1990, and continues through the present. There in official period of war for the second invasion of Iraq or the on-going war in Afghanistan.
Here’s the good news. VA makes it clear Veterans who served in Iraq and Kuwait (plus all the other nations listed above) from 1990 through the present are covered by the regulations. This means Operation Iraqi Freedom and Operation New Dawn veterans are eligible.
And now the bad news. VA refused requests by advocates to add Veterans who deployed to Operation Enduring Freedom (Afghanistan, Pakistan, and nearby locations) who suffered the same toxic exposures. VA’s weak and unacceptable reasoning? “Further, any suggestions to expand the types of service to which the statute and regulation apply are beyond the scope of this rulemaking. Therefore, we make no changes based on these comments.”
Why should OEF/OIF veterans be concerned about VA’s final regulations? In September 2012, VA reported 437,114 Post-9/11 war veterans are diagnosed by VA medical professionals with “Symptoms, Signs and Ill Defined Conditions.”
Excluding Turkey, Israel, Afghanistan, and Pakistan remains a serious flaw in VA’s new regulations that VA should be fixed now."
Carlie passed away in November 2015 she is missed.
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