http://www.mwsg37.com/2008/10/presumptive-disability-needed-va-policy.html
VA policy puts the burden of proof on veterans
to provide extensive supporting documentation
for disability compensation claims for TCE
exposure, even when veterans have been stationed
at contaminated military sites and the illness
is linked to TCE exposure.Government reports
show that many military bases have elevated
levels of Trichloroethylene (TCE)-a toxic
chemical linked to cancer and other serious
illnesses.
A 2003 Air Force Pentagon report estimated
that there were 1,400 TCE-contaminated military
sites. Former Marine Corps Air Station El Toro
is one of those bases.
At MCAS El Toro, EPA estimated that the
source area of the TCE plume spreading into
Orange County had an estimated 8,000 pounds of
TCE in the soil and groundwater. No question
that Marines working in this area were at risk
of exposure to TCE.
A major problem for sick veterans who were
stationed at El Toro and other military bases
with TCE contamination is the VA requirement to
obtain proof that their disability was due to
military service.
The VA denies disability claims of veterans
without substantial supporting documentation,
including an opinion from a medical doctor that
the illness was "at least as likely as not" due
to exposure to TCE in the military.
For many veterans this is a "catch twenty-two
situation." The military base they were
stationed at has high levels of TCE. Their
illness is one that can be caused by exposure to
TCE. They can't work because of their
disability.
The VA requires "proof" that their disability
including a medical opinion that the illness was
linked to military service.
The veteran now out of work because of the
disability must obtain substantial supporting
documentation linking the disability to military
service (the VA calls this a "nexus" statement).
If you bet the veteran does not have the money
to pay for the VA's proof requirements, the odds
are in your favor.
A call to a California medical doctor and
toxicologist who specializes in this area showed
that a one page opinion letter would cost about
$3,000, assuming only a quick review of the
medical documentation. The opinion letter came
without any guarantees.
There's a better way for veterans who are
seriously ill from TCE exposure.
VA disability claims for veterans who have
diseases linked with TCE exposure can be
resolved by given them "presumptive disability"
entitlement.
The VA's Presumptive Disability entitlement
eliminates the need for an expensive medical
nexus statement. How does "presumptive
entitlement" work? If one of the medical
conditions linked to TCE exposure is diagnosed
in a veteran and the veteran served in a
location contaminated with TCE, the VA presumes
that the circumstances of his/her service caused
the condition, and disability compensation could
be awarded.
The VA has four groups of veterans under the
Presumptive Disability category. These include
former POWs, Vietnam veterans (exposed to Agent
Orange); atomic veterans (exposed to ionizing
radiation); and Gulf War veterans.
There's medical support of the heath affects
of TCE exposure (including the EPA and the
National Academy of Sciences). TCE was a widely
used chemical by the military for decades, many
bases have documented TCE contamination, and
many veterans were exposed to this carcinogen
and suffer the effects of exposure.
In 2001, EPA reported TCE exposure associated
with neurotoxicity, immunotoxicity,
developmental toxicity, liver toxicity, kidney
toxicity, endocrine effects, and several forms
of cancer.
Without presumptive disability entitlement, a
disabled cancer veteran with cancer who was
exposed to TCE in the military at one of the
1,400 contaminated military sites needs to pay
for a medical doctor's review and opinion
linking the cancer to military service, obtain
copies of all medical records, file a disability
claim, wait months if not years for a decision,
and be prepared to appeal a denial. Assuming the
veteran lives that long, the cost can easily run
into thousands of dollars. HMOs do not pay for
VA nexus statements.
Veterans, who are sick with cancer, can't
work, and many with limited assets do not have
the means to pay for highly skilled medical
professionals.
Failing to provide the nexus statement from
an expert will cause the disability claim to be
denied. Sadly, that happens more often than not.
There's a better way to repay those who
served our country.
I have no idea of total cost to the
government for including TCE exposed veterans
under the presumptive disability category. As a
stage 2/3 bladder cancer survivor and El Toro
Marine veteran, I have some idea of the cost to
a veteran of not doing this. I have medical
coverage so all of my operations and
chemotherapy were paid for. Others are not so
fortunate. I also have the means and the skills
to find an expert medical practitioner who can
write a nexus medical opinion to support a VA
disability compensation claim. Others are not so
fortunate. I have the funds to pay several
hundred dollars per month for prescription
drugs. Others are not so fortunate. I could go
on and on but you get the idea.
It's not feasible to wave a magic wand to
remove all of the TCE contaminants from military
installations or to cure the health affects of
exposure to military personnel and in many cases
their dependents.
Since we can't make a miracle happen, why not
at least compensate those affected by exposure
by including them in the VA's Presumptive
Entitlement Disability category?
The VA is not going to wake-up tomorrow
morning and realize the necessity of approving
Presumptive Disability for TCE exposure.
Congressional support is needed to make this
change.
For example, at Camp Lejeune thousands of
veterans were exposed to TCE contaminated water
for decades. Only two veterans filed successful
VA disability compensation cases and those were
approved after appeals.
Why not take a few minutes to email your
representative to ask that TCE exposed veterans
be included under the VA's Presumptive
Disability category?
See http://www.visi.com/juan/congress/ |
