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-   -   VA--PD "presumptive status" for compensation (https://www.neurotalk.org/parkinson-s-disease/238070-va-pd-presumptive-status-compensation.html)

toyL 07-18-2016 04:54 PM

VA--PD "presumptive status" for compensation
 
PD is among 8 diseases VA "...determined to be service-connected to consuming contaminated drinking water at..." Camp Lejeune NC from 1953 to 1987. The other 7 diseases are kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemia, multiple myeloma, scleroderma, and aplastic anemia or other myelodysplastic syndromes. This info is from a December 17, 2015 MilitaryTimes.com article found here --
VA to change disability claims rules for Camp Lejeune veterans The article further indicates that VA considers these 8 diseases to be of "presumptive status". The status of "presumptive" basically means that you won't have to fight to receive VA disability compensation.
I "thought" I was following this closely, but I just learned of this article today. Fortunately, a friend had signed up "some where" to receive updates, and she just emailed the above link to me today.
Indeed, it is very strange that I am just now learning about this update. I joined the roster at https://clnr.hqi.usmc.mil/clwater/ and I've been in contact with my congressman and my senator...and I even created accounts to receive legislation updates at --
http://www.govtrack.us and at -- http://hdl.loc.gov/loc.uscongress/legislation.114s2888 (Janey Ensminger Act of 2016 S. 2888) but now I can't even get this 2d site to load.
The original law is H.R.1742 (Janey Ensminger Act) and it covers 15 diseases, but not PD. There was, however, a 2009 National Research Council (NRC) committee review that advised adding PD to the original list of 15 diseases (Characterization of Neurobehavioral Effects - Review of VA Clinical Guidance for the Health Conditions Identified by the Camp Lejeune Legislation - NCBI Bookshelf).
So, please pass this on to other Camp Lejeune veterans that are among us here at NeuroTalk. Many thanks.

toyL 07-18-2016 09:38 PM

"Sorry folks..."
 
After more careful reading, it appears that the "final" regs are not yet at hand. To wit --
"The VA has provided health care or reimbursement for medical costs for veterans who served at Camp Lejeune at least 30 days during the affected period or family members with 15 illnesses related to exposure to water contaminated by solvents and fuels, but it had not awarded "presumptive status" to any condition until now."
"The changes will take effect after VA publishes regulations regarding these presumptions, and will apply to new disability claims. Veterans who have previously been denied on such claims may seek to be re-evaluated. Also, any pending claims that might be denied under current regulations will be placed on hold until the VA issues its final rules, according to a department press release."
"A VA spokeswoman said compensation awarded as a result of the proposed regulations, if adopted, will "be effective no earlier than the date the final rule is published.""
Also, a Stars & Stripes article published Jan 7, 2016 --
VA ‘presumption’ regulation could help up to 15K Camp Lejeune veterans - Stripes
clearly indicates that the 8 diseases cited in the MilitaryTimes article are "proposed" to be presumptive and that an actual regulation is "...expected by mid-2016."
This is very frustrating. Actually, I was hoping to receive compensation starting from the date of my application--Jun. 15, 2011. This is "normally" what happens when one submits an application for VA compensation, but it looks like they're working to subvert this SOP.
Neither my congressman or senator has been any help at all.
So, stand by to stand by. Sorry.


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