An Independent Voice for Disabled Veterans Since 2009

Archive for the ‘Latest News Impacting Veterans’ Families’ Category:

VETERANS CORNER: New VA rule to be implemented later this year


Written by Charlie Castelluccio Wed 03/15/2017

Shared by KVanderkooi Fri 03/17/2017

TITUSVILLE — During a hearing before the House Committee on Veterans’ Affairs recently, Secretary of Veterans Affairs David J. Shulkin announced that the Veterans Administration will no longer turn away veterans seeking urgent mental health care simply because they received other-than-honorable discharges.

VA plans to implement the new rule later this year.

• • •

Last week, the House Committee on Veterans’ Affairs held a markup to consider five bills, all of which Veterans of Foreign Wars supports.

The committee deliberated and advanced a bill to give the secretary of Veterans Affairs increased authority to hold VA employees accountable for wrongdoing and poor performance. The committee also voted to protect veterans’ Second Amendment rights and destigmatize mental health care by ensuring veterans who seek VA mental health care and require the assistance of others to manage finances are not reported to the no-sell list without proper due process.

Also advanced is a bill to remove the secondary payer requirements under the Choice Program, so veterans no longer receive bills from Choice providers simply because they are covered by private health insurance. The bill would also prolong the program by authorizing VA to use funds that are due to expire in August 2017.

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The committee also moved a bill that would provide full Post-9/11 GI Bill benefits to veterans who have earned the Purple Heart but were unable to complete 36 months of active duty.

All five bills await consideration by the full House, which is scheduled to consider the accountability bill and other veterans’ bills next week.

Charlie Castelluccio, a Titusville resident, is chaplain of northwest Pennsylvania’s 28th District of Veterans of Foreign Wars and is a member of Titusville Veterans of Foreign Wars Post 5958.

Click Here for Original Article

VA Finalizes Disability Benefit Plans for Contaminated Water Exposure at Camp Lejeune

Posted by Leo Shane III of militarytimes.com 14 March 2017

Shared by KVanderkooi Wed, 03/15/2017

WASHINGTON — Former service members exposed to contaminated water at Marine Corps Base Camp Lejeune over a 35-year period can now apply for veterans disability benefits, under a new federal rule finalized Tuesday.

The move, which comes after a two-month review of the department’s plans, is expected to affect as many as 900,000 veterans and cost more than $2 billion over the next five years.

In a statement, Veterans Affairs Secretary David Shulkin called the move “a demonstration of our commitment to care for those who have served our nation and have been exposed to harm as a result of that service.”

It comes after years of lawsuits and lobbying by veterans groups who said tens of thousands of troops and their families were exposed to unhealthy levels of contaminants from leaky fuel tanks and other chemical sources while serving at the North Carolina base from the early 1950s to the late 1980s.

In 2012, Congress passed a law providing free medical care for troops and family members who lived at the base and later developed one of 15 illnesses. But that measure did not include the authority to extend VA disability benefits to those veterans.

The new rule will allow that, for veterans who suffer from one of eight diseases that VA officials have said are definitely connected to adult exposure to the water contamination. Those issues are leukemia, aplastic anemia (and other myelodysplastic syndromes), bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, and Parkinson’s disease.

Labeling the illnesses as presumptive conditions allows veterans to provide only proof of their medical status, and not evidence the conditions are linked to a specific event or exposure.

Click here for Original Article

Delayed Implementation of Proposed VA Changes to Benefits

The first draft of proposed changes was published in 2015 and CFEVR immediately sent an email/newsletter in 2015 highlighting some of the proposed changes urging everyone to comment during the open comment period.

A reminder was sent early in 2016 of the potential proposed changes and CFEVR sent another newsletter out fall of 2016 warning of individuals pushing families to file before end of year under the current law as a scare tactic and fraudulent. Click for fall newsletter: http://www.cfevr.org/proposed-changes-in-regulation-2016/

These proposed changes are not news and they are not law.

Since 2009 CFEVR has been trusted to keep you on top of any changes.  The proposed changes being thrown around as a marketing tool is not appropriate at this point.  Any changes in regulation have now been postponed.  Please review the email we received directly from our friends at the Veterans administration on 12.9.16:

Kristen—

Due to the complexity of the rule and the large number of public comments, I believe we are now looking at summer 2017.

The draft final rule contains several changes as a result of some of the comments.  However, because it is still a draft and VA has not finally approved the changes, I can’t share with you what those changes are.

I’m sorry I don’t have more information to share with you at this time.

I hope this response has been helpful.

Martha

As you can see from this email from the VA to CFEVR’s attorney, anyone or organization touting they know how the law will finally read and exactly when the law will be implemented is being misleading and disingenuous in their communications. Their knowledge base, motives and intentions should be questioned.

We will keep you up to date when the law changes and what the law says specifically so you will be well informed with accurate, honest and truthful information. It is best to know the facts rather than react to rumor.

CFEVR appreciates the trust you have placed in us to assist veterans and their surviving spouses. We look forward to another great year supporting you in your goals to positively impact our seniors’ lives.

How a Diagnosis of Dementia Affects VA Benefits

The VA has issued a rdownloade-write in the Manual which finally specifically addresses our veterans and their surviving spouse carrying the devastating diagnosis of dementia. Prior to this re-wording having dementia was not an automatic trigger for eligibility as
the law continued to maintain that the individual still required assistance with a minimum of 2 Activities of Daily Living.

In our opinion, this is a long needed correction to the wording and offers more understanding on the behalf of the VA to appreciate not only the individual struggling with dementia but the families who love them.

The Manual now reads as follows:

Custodial care means regular

  • supervision because a person with a physical, mental, developmental, or cognitive disorder requires care or assistance on a regular basis to be protected from hazards or dangers incident to his or her daily environment, or
  • assistance with two or more activities of daily living (ADLs).

 

Note:  Mental, developmental, or cognitive disorders encompass a wide range of mental health conditions that affect thinking and behavior.  Examples include schizophrenia, Alzheimer’s disease, and dementia.

We hope this insight into the new wording helps more veterans and spouses to obtain the benefits they so richly deserve and need as memory care typically is an extremely expensive option which families struggle to afford.

If you need assistance with a pre-filing consultation to review your eligibility for benefits, please call our paralegal team at 800-394-1250 and we will be glad to assist.

Small Increase for 2017 VA Pension

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