Transcript Slide 1
2011 Department Convention Service Officers Presentation A Summary of Major Changes Affecting VA Compensation in the last 12 Months Agenda Items Definition of Spouse – State Law & the VA PTSD Criteria Herbicide Exposure Presumptive Conditions Korea Service Thailand Service Naval Service Camp Lejeune Contaminated Water Gulf War Presumptive Conditions Definition of Spouse – There has been a recent change in Illinois state law recognizing same sex partners in civil unions VA benefits are controlled by 38 CFR 3.1 and 3.50 Marriage is valid under the laws of the place where the marriage is performed And Is to a person of the opposite sex Changes in state law does not impact on the application of federal statue such as VA benefits PTSD Criteria Change 38 CFR 3.304 change effective July 12, 2010 Lessened the burden of the VA to “verify” certain combat stressors if: 1. The claimed stressor was combat related 2. The claimed stressor resulted in fear of injury or death 3. The veteran exhibits symptoms related to the stressor 4. A VA examiner diagnoses PTSD 5. The examiner relates the symptoms to the stressor Change applies to: 1. Cases under consideration or on appeal 2. All new claims 3. All reopened claims Herbicide Exposure New Presumptive Conditions 38 CFR 3.309 (e) effective 8-31-10 Ischemic Heart Disease Parkinson’s Disease B Cell Leukemia Prior denied claims are subject to retroactive benefits under NEHMER to include death benefit claims Known cases automatically reviewed . If not known claims must be reopened. Herbicide Exposure - Korean Service 38 CFR 3.307 change effective Feb 24, 2011 Extended period of presumptive exposure on the Korean DMZ to be April 1, 1968 to August 31, 1971 Units of the 2nd and 7th Infantry Divisions OR Be able to demonstrate that the veteran had specific duties on the DMZ Prior claims must reopened – no automatic review Not subject to NEHMER retroactivity Herbicide Exposure – Thailand Service Change published in VA C&P Bulletin May 2010 Criteria not specifically codified in statute or CFR Change based on DOD provided information Vietnam era dates apply (2-28-61 to 5-7-75) Locations: Air Force and Army bases Service requirements: specific duties on base perimeter security Prior cases must be reopened – no automatic review Not subject to NEHMER retroactivity Herbicide Exposure – Naval Service List of ships known to have operated in waters of Vietnam expanded Published with VA C&P Bulletin May 2011 For the first time list identified specific categories of ships with potential exposure by name of ship: 1. Ships operating primarily on VN inland waterways 2. Ships operating temporarily on VN inland waterways or docking to shore 3. Ships operating on VN close coastal waters with possibility of crew onshore VA ships list is not complete – updated by DOD as additional info is confirmed Recent News On 12-27-10 VA published in Federal Registry NAS report on disabilities considered AND rejected as presumptive based on herbicide exposure to include: Hypertension Kidney cancer Bladder cancer Oral cavity cancer Esophageal cancer Stomach cancer And others Recent News On 5-20-11 the IOM released a report on herbicide exposure to Blue Water Navy. This report concluded that there is not enough data available to determine whether sailors who served on deep-water ships during the Vietnam War were exposed to Agent Orange. It is unclear if the IOM will continue to investigate such a relationship. Camp Lejeune – Contaminated Water Marines and Sailors assigned to area facilities 1957 thru 1987 Outlined in VA Training letter 11-03 April 27, 2011 Potable water exposure (consumption, bathing) Recreational water exposure (swim, fish) Work related exposure No current list of presumptive disabilities List of potential conditions includes: Esophageal cancer Lung cancer Breast cancer Bladder cancer Kidney cancer Adult leukemia Multiple myeloma Myleodisplasic syndromes Renal toxicity Hepatic steatosis Female infertility Miscarriage, with exposure during pregnancy Scleroderma Neurobehavioral effects Veterans may file a VA claim with: Medical evidence of disability Medical opinion of relationship to chemical exposure Description of exposure such as: Where did they live? In home exposure? Recreational exposure? Occupational exposure? Veterans may identify disabilities of dependants but there is no authority of VA to recognize or compensate for such disabilities. Gulf War Presumptive Conditions On 9-28-10 VA published final regulations amending 38 CFR 3.317 adding additional disabilities as presumptive to service in Southwest Asia and amending the definition of the geographical area to include Afghanistan. Diseases added: Brucellosis Campylobacter jejuni Coxiella Burnetii Malaria Mycobacterium tuberculosis Non typhoid Salmonella Shigella Visceral leishmaniasis West Nile virus Gulf War Presumptive Conditions On 11-17-10 VA published a proposed rule which clarifies the definition of Irritable Bowel Syndrome (IBS) in 38 CFR 3.317. The new rule clarifies that the intent of 3.317 is that IBS is included in the regulation as an example and not an exclusive diagnosis. Functional Gastrointestinal Disorders (FGIDs) are to be included as a group as undiagnosed illnesses under the regulation. The new rule also clarifies that structural or organic GI disorders are not included in this class of presumptive disorders. An example of a diagnosed condition not included in the class of presumptive disorders would be Crohns Disease. Gulf War Presumptive Conditions On 1-13-11 VA published in the Federal Registry the conclusions of a report by the NAS as required by law which considered the possible presumption of mental illness as the result of Gulf War Service. The report concluded that there was no basis based on available studies to concede a presumption of mental illness beyond the current regulatory provisions for either any psychosis or acquired neurosis. Remember the programs of the VFW National Home for Children! Remembering the National Home is more than a prayer during your Post meeting! You can make a difference in the life of a family or child! QUESTIONS? Thank you for attending!