Tens of thousands of Viet-   nam veterans with 
ischem-   ic heart disease, Parkinson's disease or B cell leukemia 
should file claims now with the Department of Veterans Affairs for 
disability compensation, not wait until VA publishes a regulation 
officially linking these diseases to wartime service.
Advocacy groups are 
urging the swift filing of claims because veterans eventually found 
eligible for disability pay for these diseases will be able to receive 
compensation back to the date their claims were filed.
Those who wait for a regulation to add these ailments
 to VA's list of diseases presumed caused by exposure to Agent Orange 
and other toxins used in the war could lessen, by several months of 
compensation, any retroactive pay that they will be due once their 
claims have been approved.
"File your claim now so you can get what you've 
earned," urged Peter S. Gaytan, executive director of The American 
Legion.
VA 
officials, in a statement, agreed.
"The only way an eligible Vietnam veteran can lose out
 is if he or she delays filing or does not file a claim, as the 
effective date of benefits hinges on the date of actually filing of the 
claim," the VA explained.
Help
 in filing claims is available through the Legion and its service 
officers as well as through most other major veterans' organizations.
A law firm 
representing the Legion, the Military Order of the Purple Heart and the 
National Veterans Legal Services Program (NVLSP) sent a March 1 letter 
to VA Secretary Eric Shinseki demanding that VA publish by March 12 an 
interim regulation for adding these illnesses to its list of diseases 
presumed caused by Agent Orange -- or face a lawsuit.
Longer delays in rulemaking, the letter said, will 
"result in irreparable harm to thousands of Vietnam veterans who suffer 
from these diseases" because VA compensation is not owed to "new 
claimants for any period prior to publication of a final regulation."
What the letter didn't
 make clear is that veterans can avoid the "irreparable harm" if they 
don't wait for the regulation to file their claim.
(2 of 3)
By March
 3, the Legion had heard from Shinseki and disassociated itself from the
 letter sent by the law firm of Chadbourne and Parke.
"We got reassurance from the secretary that they're 
moving as quickly as they can to clarify the regulations, and they 
understand the urgency behind making that happen," Gaytan said. "We're 
satisfied with the secretary's direct commitment to get that done."
What had irked 
veterans' groups was a missed deadline. The Agent Orange Act of 1991 
requires VA to publish final regulations to expand its list of 
presumptive diseases within 210 days of receiving a report from the 
Institute of Medicine (IOM) linking more illnesses to use of the 
herbicide during the war in Southeast Asia. That 210-day deadline was 
reached Feb. 19 without VA having published even an interim regulation.
A VA official said the
 Office of Management and Budget is expected to complete its review of 
VA's interim regulation by the end of March. It then will be published 
in the Federal Register for public comment.
Shinseki had delighted veterans' groups last October 
by announcing that VA would not challenge a July 24 report by the IOM 
that found sufficient epidemiologic evidence to suggest a link between 
wartime herbicide exposure and Parkinson's disease, B cell leukemia and 
ischemic heart disease, also known as coronary artery disease.
Veterans who set foot 
in Vietnam from 1962 to 1975 and suffer today from one of these diseases
 will be in line for a disability rating and compensation once the 
regulation is final and claim adjudicators begin using it. By one 
estimate, as many as 185,000 veterans could be eligible for disability 
pay for these diseases.
A
 VA official defended the pace of rulemaking since Shinseki's decision.
"Typically it takes 
any agency about two years to get through something like this -- dealing
 with the Federal Register, open comment, et cetera," said the official 
who asked not to be identified. "As a result of this being so important,
 we have definitely made sure to expedite ... This is one of the 
secretary's top concerns."
Tens of thousands of Viet-   nam veterans with 
ischem-   ic heart disease, Parkinson's disease or B cell leukemia 
should file claims now with the Department of Veterans Affairs for 
disability compensation, not wait until VA publishes a regulation 
officially linking these diseases to wartime service.
Advocacy groups are 
urging the swift filing of claims because veterans eventually found 
eligible for disability pay for these diseases will be able to receive 
compensation back to the date their claims were filed.
Those who wait for a regulation to add these ailments
 to VA's list of diseases presumed caused by exposure to Agent Orange 
and other toxins used in the war could lessen, by several months of 
compensation, any retroactive pay that they will be due once their 
claims have been approved.
"File your claim now so you can get what you've 
earned," urged Peter S. Gaytan, executive director of The American 
Legion.
VA 
officials, in a statement, agreed.
"The only way an eligible Vietnam veteran can lose out
 is if he or she delays filing or does not file a claim, as the 
effective date of benefits hinges on the date of actually filing of the 
claim," the VA explained.
Help
 in filing claims is available through the Legion and its service 
officers as well as through most other major veterans' organizations.
A law firm 
representing the Legion, the Military Order of the Purple Heart and the 
National Veterans Legal Services Program (NVLSP) sent a March 1 letter 
to VA Secretary Eric Shinseki demanding that VA publish by March 12 an 
interim regulation for adding these illnesses to its list of diseases 
presumed caused by Agent Orange -- or face a lawsuit.
Longer delays in rulemaking, the letter said, will 
"result in irreparable harm to thousands of Vietnam veterans who suffer 
from these diseases" because VA compensation is not owed to "new 
claimants for any period prior to publication of a final regulation."
What the letter didn't
 make clear is that veterans can avoid the "irreparable harm" if they 
don't wait for the regulation to file their claim.
(2
 of 3)
By March 
3, the Legion had heard from Shinseki and disassociated itself from the 
letter sent by the law firm of Chadbourne and Parke.
"We got reassurance from the secretary that they're 
moving as quickly as they can to clarify the regulations, and they 
understand the urgency behind making that happen," Gaytan said. "We're 
satisfied with the secretary's direct commitment to get that done."
What had irked 
veterans' groups was a missed deadline. The Agent Orange Act of 1991 
requires VA to publish final regulations to expand its list of 
presumptive diseases within 210 days of receiving a report from the 
Institute of Medicine (IOM) linking more illnesses to use of the 
herbicide during the war in Southeast Asia. That 210-day deadline was 
reached Feb. 19 without VA having published even an interim regulation.
A VA official said the
 Office of Management and Budget is expected to complete its review of 
VA's interim regulation by the end of March. It then will be published 
in the Federal Register for public comment.
Shinseki had delighted veterans' groups last October 
by announcing that VA would not challenge a July 24 report by the IOM 
that found sufficient epidemiologic evidence to suggest a link between 
wartime herbicide exposure and Parkinson's disease, B cell leukemia and 
ischemic heart disease, also known as coronary artery disease.
Veterans who set foot 
in Vietnam from 1962 to 1975 and suffer today from one of these diseases
 will be in line for a disability rating and compensation once the 
regulation is final and claim adjudicators begin using it. By one 
estimate, as many as 185,000 veterans could be eligible for disability 
pay for these diseases.
A
 VA official defended the pace of rulemaking since Shinseki's decision.
"Typically it takes 
any agency about two years to get through something like this -- dealing
 with the Federal Register, open comment, et cetera," said the official 
who asked not to be identified. "As a result of this being so important,
 we have definitely made sure to expedite ... This is one of the 
secretary's top concerns."
(3
 of 3)
Bart 
Stichman, co-executive director of NVLSP, agreed that Vietnam veterans 
should file claims immediately to fully protect potential benefits.
"If they previously filed, they're OK," Stichman 
said. "But a lot of people haven't heard about this." Those who wait for
 "a big announcement when the regulation comes out" will only be 
eligible for retroactive compensation back to the date the regulation 
becomes final, which still could be months away.
The American Legion is sending out fresh guidance to 
its service officers to urge veterans who believe they have a claim 
under any one of the three illnesses to come in for free help in 
developing their claims.
"We
 have experts in this field," Gaytan said, "paid employees ... to help 
get the claim filed as soon as possible. That's our job as a veterans' 
advocacy organization. We can't expect the veteran to understand all the
 complicated regulations that help the VA administer delivery of 
benefits."
Many 
tens of thousands of Vietnam veterans, particularly with heart disease, 
are expected to file claims to get tax-free compensation for life and 
access to VA medical care. Exceptions to eligibility could include lack 
of any proof a veteran ever visited Vietnam or the surfacing of credible
 evidence showing the ailment was unrelated to service.
Claimants with a presumptive Agent Orange disease 
don't have to prove a direct association between their condition and 
their time in service.
"We
 understand the importance of moving this through," the VA official said
 about the regulation.
She
 noted that snow storms in Washington, D.C., in February shut down 
federal offices for several days, adding to the delay.
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