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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