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Extension of the Presumptive Period for Compensation for Persian Gulf War Veterans


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The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulations regarding compensation for disabilities resulting from undiagnosed illnesses suffered by Veterans who served in the Persian Gulf War. This amendment is necessary to extend the presumptive period for qualifying chronic disabilities resulting from undiagnosed illnesses that must manifest to a compensable degree in order to establish entitlement to disability compensation benefits. The intended effect of this amendment is to provide consistency in VA adjudication policy, preserve certain rights afforded to Persian Gulf War Veterans and ensure fairness for current and future Persian Gulf War Veterans.

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  • HadIt.com Elder

Whew!!!- an answer to my prayers- Thank you GOD!!!!!!!!!!:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/gulf-war-illness-afghanistan

I will make public comment on this because I think the VA has to be clear that this will cover all incountry Afghanistan veterans. The VA often does not read well - many of us have to fight over the lack of their literacy in combatting erroneus denials.

I bet some raters do not even know that Afghanistan is part of Southeast Asia, and in my opinion, the Afghanistan War will NOT be over for many more years.

THANKS Tbird!!!!!This is impotant info we will need here as these ervicemen and women file claims.

 

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  • HadIt.com Elder

Here are the new presumptuives for Afghanistan and other vets regarding particulate matter exposure ( including burn pits)

"VA to start processing disability claims for certain conditions related to particulate matter

WASHINGTON — The Department of Veterans Affairs will begin processing disability claims Aug. 2 for asthma, rhinitis and sinusitis on a presumptive basis based on presumed particulate matter exposures during military service in Southwest Asia and certain other areas — if these conditions manifested within 10 years of a qualifying period of military service.

VA conducted the first iteration of a newly formed internal VA process to review scientific evidence to support rulemaking, resulting in the recommendation to consider creation of new presumptions of service connection for respiratory conditions based on VA’s evaluation of a National Academies of Science, Engineering and Medicine report and other evidence.

The process concluded that particulate matter pollution is associated with chronic asthma, rhinitis and sinusitis for Veterans who served in the Southwest Asia theater of operations beginning Aug. 2, 1990 to the present, or Afghanistan, Uzbekistan, Syria or Djibouti beginning Sept. 19, 2001 to the present. VA’s review also concluded that there was sufficient evidence to presume that these Veterans have been exposed to particulate matter.

“I announced my intent to initiate rulemaking on May 27 to consider adding respiratory conditions to the list of chronic disabilities,” said Denis McDonough, Secretary of Veterans Affairs. “Through this process I determined that the evidence provided was sufficient to establish presumptions of service connection for these three respiratory conditions. This is the right decision, and VA will continue to use a holistic approach in determining toxic exposure presumptives moving forward.”

The Southwest Asia theater of operations refers to Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the 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 these locations.

VA will conduct outreach to impacted Veterans and survivors to inform them about their eligibility and will provide information on how to apply. Veterans and survivors who believe they may be eligible for the newly established presumptive conditions are encouraged to apply. They should file a VA Form 21-526EZ if applying for the first time or a VA Form 20-0995 if they are reapplying for these conditions. For more information on the new presumptive conditions, visit our website at Airborne Hazards and Burn Pit Exposures - Public Health (va.gov).  

To apply for benefits, Veterans and survivors may visit VA.gov or call toll-free at 800-827-1000.  Within the next week, you can view the interim final rule at www.regulations.gov."

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https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5699

 

Edited by Berta
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  • HadIt.com Elder

I got an email this morning from the VA talking about the extension of the presumptive window. Very glad to see this! Now if the VA would only learn that presumptive windows should be done away with and simply implied based on service. They learned a lot with AO, but still fail to realize that issues with veterans do not always manifest within certain timeframes...

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