Agent Orange Retro Claims Allowed < New Today..

[JJ_BPK]

Not that I wish anyone this problem,, but AO claimants are getting something
they long deserve..

Jim

Agent Orange Retro Claims Allowed

About 86,000 Vietnam War veterans, their surviving spouses or estates will
be eligible for retroactive disability compensation from the Department of
Veterans Affairs -- an average of 11.4 years for veterans and 9.6 years for
survivors -- under a draft VA rule to expand by three the number of diseases
presumed caused by herbicide exposure in the war.

The 86,000 are beneficiaries who can reopen previously denied claims for
these conditions: ischemic heart disease, Parkinson's disease and chronic
B-cell blood cancers including hairy cell leukemia. But another 29,000
claims are expected to be approved this year for Vietnam veterans suffering
from these diseases but applying for benefits for the first time.

The projected cost of this dramatic expansion of claims linked to Agent
Orange and other defoliants deployed four decades ago is $13.6 billion this
fiscal year and $42.2 billion over 10 years. VA plans to hire 1772 new
claims processors, starting this October, to be able to handle these claims
"without significantly degrading the processing of the non-presumptive
workload."

In the proposed rule published March 25 in the Federal Register, VA
officials explained that Secretary Eric Shinseki has cut the usual 60-day
public comment period by half "to promote rapid action" on these claims.

When a final rule is published, soon after April 26, VA claim offices across
the country can begin making payments. Veterans with these diseases will
need to show they set foot in Vietnam during the war. Those who served
aboard ship just off the coast remain ineligible.

John Maki, assistant national service director for Disabled American
Veterans, said DAV was glad to see the comment period cut to 30 days.
Otherwise, the draft regulation contains no surprises. "It basically is
going to take those three conditions and just add them to disabilities
already listed as presumptive diseases for Agent Orange," Maki said.

One surprise still might be the thoroughness of the draft rule's analysis of
the beneficiary populations and the costs facing the department from this
wave of claims for both retroactive payments and new benefits.

Adding ischemic heart disease to the list of presumptive Agent Orange
illnesses is by far the most significant part of the new rule, accounting
for 82 percent of additional expected payments to beneficiaries.

The rule defines ischemic health disease as a condition causing inadequate
supply of blood and oxygen to the myocardium, the middle and thickest layer
of the heart wall. "IHD" can include, but is not limited to, acute, subacute
and old myocardial infarction; atherosclerotic cardiovascular disease
including coronary artery disease (or spasm) and coronary bypass surgery,
and stable, unstable and Prinzmetal's angina.

Because IHD is a heart disease it "does not include hypertension or
peripheral manifestations of arteriosclerosis such as peripheral vascular
disease or stroke," the draft regulation explains.

Of 86,000 beneficiaries eligible for retroactive claims, VA estimates that
nearly 70,000 of them are living Vietnam veterans, their average age now 63.
Of those, 62,200 previously were denied compensation for IHD, 5400 were
denied for B-cell leukemia and 2300 for Parkinson's disease.

About 53,000 who previously filed claims for these diseases already are
receiving VA compensation for other service-related diseases. Of those,
roughly 8350 are rated 100-percent disabled and therefore might not be
eligible for retroactive pay.

VA assumes that veterans with Parkinson's disease or for B-cell leukemia
will be awarded a 100-percent disability ratings. The average rating for
ischemic heart diseases is expected to be 60 percent.

In calculating VA costs from this change, VA assumes that 80 percent of the
eligible population will apply for benefits and 100 percent of those who do
will be approved. But eligible vets and suvivors must file claims to get
paid; nothing will happen automatically. To file claims online visit:
http://vabenefits.vba.va.gov/vonapp/main.asp. Veterans without a computer
can call a toll-free helpline at 1-800-749-8387.

VA maintains a directory of veterans' service organizations with trained
staff to help in filing claims. The website: http://www1.va.gov/vso/. Many
state, county and local governments also have personnel to help. Find
information on these agencies at: http://www.va.gov/statedva.htm.

VA also expects many inelgible veterans to file claims. They will be found
ineligible because they can't show they ever set foot in Vietnam though they
suffer from one of the qualifying diseases. Many claims will be filed by
veterans with hyptertension but those will be rejected because that
condition is not a "heart disease" under the VA draft regulation.
In total, VA expects claims volume from presumptive Agent Orange diseases to
hit 159,000 this year and to exceed 270,000 by fiscal 2019.

Maki noted that entitlement to benefits only occurs with final publication
of the regulation. Retroactive payments usually will be made back to the
date a claim was filed for a presumptive disease.

"It is possible, since this is a librealized law, that somebody may be able
to get the retroactive date [moved back] to one year prior to the effective
date in the regulation, if they can show they had the claimed condition
prior to that year," Maki said.

The growing list of Agent Orange diseases stems of a court case, Nehmer v.
Department of Veterans Affairs, filed in 1986 The class action lawsuit won
by veterans, and reinforced by legislation, requires VA to direct the
National Academy of Sciences to report every two years on any positive
association between new diseases and exposure to herbicides in Vietnam.

In 2007, the Bush administration went to court to challenge the legal need
for NAS studies on presumptive AO diseases to continue. It lost. The NAS
reports are to continue through Oct. 1, 2014, with the possility that more
diseases will be found to have an assocition with herbicide exposure.

To comment, e-mail milupdate@aol.com, write to Military Update, P.O. Box
231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com

[Saturation]

Thanks for posting- I hadn't received this information through the official channels; this will probably effect some of the veterans I work with so I am very glad to have the info.

Not sure if it would be a hijack so I'll post elsewhere- the current status/list of presumptives for Iraq and Afghanistan.

[Penn]

First: http://professionalsoldiers.com/foru...+Eric+Shinseki

Second; Sitting on mydesk, in front as I type this, Dated 3/20/2010 is my Dear Mr. letter from the VA informing me they are working on my claim for Ischemic Heart Disease. It has to do with opening and rolling 55 gal drums of doxin down the side of several firebases....We'll see how it all works out.

[Buffalobob]

Always interesting how much the government and citizens appreciate your service and that you have to sue the government to get what they owe you.

I am going to apply when semi-bald, low testosterone, and old age become eligible.

agent orange map

What it actually looks like eyeball to eyeball.

quilt of tears

Words fail me at the moment. It is just morally wrong what was done to our Viet Vets over both PTSD and Agent Orange. Our government and much of the nation should be ashamed of itself.
AM

[JJ_BPK]

Originally Posted by Buffalobob

agent orange map,, What it actually looks like eyeball to eyeball.

Looks all to familiar.. I spent all my time North of Tay Ninh, along the border.. and in May, 70, across the border in Cambodia..

Swimming in our outdoor bath house..

Bob, on the map, the orange area is the AO plotted use??

Tx

[Buffalobob]

I do not vouch for the accuracy of the map but its the one I have and yes the orange area is the bad stuff.

Drink it, wash in it, swim in it, lay in ambush in it and even sleep in it. You really haven't lived until you sleep with your head on the paddy dike and the rest of you in the paddy. The leeches really have a good time.


I would ask if that is your RVN hat in your avatar? I have one similar but in camo and really raggedy.

[JJ_BPK]

Originally Posted by Buffalobob

I would ask if that is your RVN hat in your avatar? I have one similar but in camo and really raggedy.

Yes, we were issued it sometime in the Spring of 70, maybe Feb-Mar, before that it was the baseball cap..

And that is my original issue..

[Surf n Turf]

Originally Posted by JJ_BPK

Not that I wish anyone this problem,, but AO claimants are getting something
they long deserve..

Jim

Current situation for GWOT (is that PC ) claims
SnT

Thousands of vets missing out on better benefits
Only a fraction of wounded veterans who could get better benefits have applied in the two years since Congress, acting on concerns the military was cutting costs by downplaying injuries, ordered the Pentagon to review disputed claims.
As of mid-March, only 921 vets have applied out of the 77,000 the Pentagon estimates are eligible --
At issue are disability ratings based on an injury's severity and long-term impact. Veterans rated below 30 percent disabled with less than 20 years of service receive a one-time severance payment instead of a monthly retirement check. Also, their health care switches from the military to the strained VA system, and their families lose military health insurance.
A rating above 30 percent means monthly income and military health care for the family.
A disabled service member's severance pay and monthly retirement is based on active-duty pay, years of service and if the service member's injuries are combat-related.
Congress created the board after investigations found inconsistencies in how the military assigns ratings for the level of disability that soldiers, sailors, airmen and Marines have before they are discharged. Veterans advocates protested that the military was manipulating disability ratings to save money.
http://hosted.ap.org/dynamic/stories...TAM&SECTION=US

[JJ_BPK]

Originally Posted by Surf n Turf

only 921 vets have applied out of the 77,000 the Pentagon estimates are eligible [/color][/b]

I do not understand these numbers. With the PR the VA has received and is getting, both good and bad, no body should be outside the system..

Could somebody be playing the numbers to make the VA look bad??

God knows the VA is it's own worse enemy..

The part about not getting retirement before 20 when comp is less the 30%. When did we ever to get retirement with less than 20 and only 30% comp??

Did I missed something?? Does someone own me 34 yrs retirement pay?? Or is the article wrong??

[Saturation]

Originally Posted by JJ_BPK

I do not understand these numbers. With the PR the VA has received and is getting, both good and bad, no body should be outside the system..

Could somebody be playing the numbers to make the VA look bad??

God knows the VA is it's own worse enemy..

The part about not getting retirement before 20 when comp is less the 30%. When did we ever to get retirement with less than 20 and only 30% comp??

Did I missed something?? Does someone own me 34 yrs retirement pay?? Or is the article wrong??

I believe you are thinking this board is part of the VA system when it appears it's from the DoD....

"The new Physical Disability Board of Review (PDBR) will examine each applicant’s medical separation, compare DoD and VA ratings, and make a recommendation to the respective Service Secretary (or designee.) A disability rating cannot be lowered and any change to the rating is effective on the date of final decision by the Service Secretary.

To be eligible for PDBR review, a service member must have been medically separated between September 11, 2001 and December 31, 2009 with a combined disability rating of 20 percent or less, and not found eligible for retirement."

[Penn]

Having waited 40 years to file a claim; the initial separate issues are nerve damage and a skin cancer. The cancer is directly related to AO. That said, the VA processed me through a head to toe in-depth physical exams, blood work, a series of ultra sounds, CTA scan, heart specialist etc. and they never end!! It was the VA that evaluated my condition for Ischemic heart disease, based on having the skin cancer. I never would have thought to ask.

As to PTSD: If a claim is made for PTSD and there is no support, there will be no compensation. Especially true for the older Veterans without a history of mental health care. Lucky for me, being an XXX XXXX of the first order, my packet presented enough material for a new classification in the DSM-IV. Though not file as a claim, they requested that I undergo an evaluation and made the determination based on their evaluation with documented support provided by my health specialist, who I had casually mentioned in passing. They contacted her first with me providing a release.

The one thing they denied that I was seeking compensation for, was nerve damaged right hand that traversed a table saw at FT. Sill – building Christmas decoration - although my injury was well documented, there was no evidence of treatment, or continued therapy since the event, so they denied the claim based on a lack of evidence in support the claim. And that is the key to all claims: evidence in support the claim.

imo, based on my recent experience at the Hospital for special surgery in NYC Cornell/Weil Medical Center, and the HUPenn Vascular surgery departments, My private Physicians were impressed with the thoroughness of the VA; it was also somewhat of a shock to undergo these intense examinations and have to reevaluate what’s the long and short view time frame.

So in my case, the VA Center in NJ has preformed its responsibilities in an exemplary professional manner. They made the right calls, even if I was unaware, they sought to provide for me the care and information that I need in order to make the decision that will come in due time.

[Penn]

Here’s more information from a different link, within the same section of the VA … It’s a more informative range of dates for exposure, rather than just “when it was used” …

“Veterans who served in-country Vietnam between 1962 and 1975 (including those who visited Vietnam even briefly) and who have a disease that VA recognizes as associated with Agent Orange exposure are presumed to have been exposed to Agent Orange. This includes Veterans who served aboard smaller river patrol and swift boats that operated on the inland waterways of Vietnam (also known as "Brown Water Veterans"). Vietnam Veterans with these specific diseases do not have to show that their diseases are related to their military service to get disability compensation.”

From:

http://www.publichealth.va.gov/expos...e/benefits.asp


and with reference to the Vietnam Vets’ children …

“Also, Vietnam Veterans’ children with spina bifida or certain birth defects may be eligible for compensation and other benefits.” (from the same web page)