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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►►
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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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