THE CAPITOL VETERAN................JUNE, JULY, 2010........Page 7

WEBB DENIES CLAIM ADJUDICATION, CONT.

     What worries Webb, said one Capitol Hill source, is that, based on modest scientific evidence, VA could be paying claims on diseases that a large proportion of any population will contract through normal aging.
     Webb noted last week that a decision in 2001 making Type 2 diabetes a presumptive disease of Agent Orange exposure now allows 263,000 veterans to draw disability compensation.  He said projected estimates of heart disease alone among Vietnam veterans are much higher.
     Webb's amendment language, if agreed to by the House, would invoke the Congressional Review Act which allows a funding freeze on any major government regulation or initiative so Congress can review the proposed changes.  If in 60 days opposition strengthens and a majority of lawmakers will risk the wrath of expectant veterans with these ailments, Congress could pass a joint resolution to prevent a final regulation from taking effect.
     Webb serves on the Senate Veterans Affairs Committee and chairs the personnel subcommittee of the armed services committee.  A spokesman for Sen. Daniel Akaka (D-Hawaii), chairman of the veterans committee, said Akaka "is seeking more information from Secretary Shinseki about this, because of the potential impact of the ischemic heart disease presumption on the quality and timeliness" of services for all veterans.
     VA officials earlier had projected publication for final regulations on the new presumptive diseases by the late April or early May.  Shinseki even reduced the public comment period to only 30 days to speed up start of claim payments.  A VA spokesman now has no comment on publication. 
     Chapter note #2:  While Webb appears to be the bad guy in this situation, evidently the VA did not follow some rule protocol for Congressional  review either. At this time it is estimated that the regs may be finalized by the end of the year.  Webb pushing for fiscal discipline, has also questioned pay raises for the current military that would take effect next January.

                         BURN PIT TOXIC EMISSIONS
     The Veterans Affairs Department has issued guidance on how to determine benefits for vets exposed to environmental hazards, including burn pits, in the war zones.  The one is significant.  The 30 page training letter marks the first time VA has ever addressed potential battlefield exposures and the first time it has issued guidance on benefits for a war-related health issue without specific direction from Congress or the recommendation of large, independent health organizations.  That's a huge step for an agency that, for too long, has failed to be a proper advocate  for the veterans it is supposed to serve.  And it's proof positive that VA Secretary Eric Shinseki is living up to his promise to better look out for the rights and interests of those who serve.  According to the veterans group Disabled American Veterans, more than 500 vets of the present wars suffer from respiratory illnesses, cancers and other serious medical conditions believed to be connected to war-zone burn pits, the giant open-air fires used in the war zones to incinerate trash, medical waste and more. Cont. next column►►

 

                                     BURN PITS, CONT.
     Many more veterans, however, have been exposed to those same fires.  For some, symptoms may not emerge for years; others may already be suffering undiagnosed symptoms, unaware that their health problems might be related to environmental exposure during their war tours.  It is essential, therefore, that VA follow up its guidance letter with training for claims specialists and outreach to veterans.  The agency has made and impressive first step.  It must now follow through.  ....Marine Corps Times 5/2010 

                    NEW REGULATIONS ON PTSD CLAIMS
     Due to space restrictions, we can't print all of the new rules for PTSD claims. You can read them all at www.va.gov.  There is a link to all of the Questions and Answers there.  Hopefully these rules will facilitate more timely rulings for all claims for PTSD.
1.  This new rule is for Veterans of any age.
2.  The new rule will apply to claims:
     ► Received by VA on or after July 13, 2010
     ► Received  before July 13, 2010 but not yet decided by a VA regional office.
     ► Appealed to the Board of Veterans' Appeals on or after July13, 2010.
     ► Appealed to the Board before July 13, 2010, but not yet decided by the Board and
     ► Pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication.
                           QUESTIONS AND ANSWERS
     "Stressor Determinations for Posttraumatic Stress Disorder"
►1.  What is Post-Traumatic Stress Disorder (PTSD)?
PTSD is a condition resulting from exposure to direct or indirect threat of death, serious injury or a physical threat.  The events that can cause PTSD are called  "stressors" and may include natural disasters, accidents or deliberate man-made events/disasters, including war.  Symptoms of PTSD can include recurrent thoughts of a traumatic event, reduced involvement in work or outside interests, emotional numbing, hyper-alertness, anxiety and irritability.  The Disorder can be more severe and longer lasting when the stress is human initiated action (example:  war, rape, terrorism).
►2.  What does this final regulation do?  This final regulation liberalizes the evidentiary standard for Veterans claiming service connection for post traumatic stress disorder (PTSD).  Under current regulations governing PTSD claims, unless the Veteran is a combat Veteran, VA adjudicators are typically required to undertake extensive record development to corroborate whether a Veteran actually experienced the claimed in-service stressor.  This final rulemaking will simplify and improve the PTSD claims adjudication process by eliminating this time-consuming requirement where the claimed stressor is related to "fear of hostile military or terrorist activity," is consistent with the places, types and circumstances of their service, and a VA psychiatrist or psychologist, or contract psychiatrist or psychologist confirms that the claimed stressor  is adequate to support a diagnosis of PTSD.  

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