April – Month of the Military Child

That was my grandfather, my dad, me and my siblings, and my own kids. All military brats. AKA "ankle biters." Dependents. The kids.

There was a price paid, and we all know it, but that's what Dad (or Mom) was called to do. 
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military bratNoun | \ ‘military brat’
1 a: CHILD; specifically: a child serving our country with strength, dignity an love as his or her parent(s) fight for our nation’s security domestically and abroad.

Great news: Another C-123 Agent Orange claim first denied by VA got corrected.

A couple months ago, Jay Johnston of New York was pretty disappointed, and confused, when his regional VA claims center denied his request for Agent Orange benefits. Jay knew his illnesses were on VA's list of AO "presumptive conditions" so the claim should have gone through.

Also, VA is supposed to process all C-123 claims and appeals through their St Paul MN center – so how did his claim get denied by a New York office?

Jay put the word out, and St Paul VA to the rescue. First, they profusely apologized because VA never should have processed the claim except at St Paul. Then, within four weeks of reaching out to Jay, St Paul completed his award. Effective April 4, Jay is now 100% service connected for Agent Orange exposure.

I spend a lot of time thanking the St Paul staff for trying so hard for C-123 veterans...time well-spent as we can see from our vets getting skillful and timely claims processing.

A suggestion: If your claim has been sitting at any VA regional office except St Paul, it may be because it isn't flagged as a C-123 claim. Let your service officer know and follow-up by double-checking with the VA itself to make certain your claim is being managed by St Pau.

You can count on them, as Jay can attest!

VA: SAME-DAY CARE PROMISED NATIONWIDE!

Seeking to end years of scandal over patient treatment delays, the Department of Veterans Affairs is working to offer its patients same-day care at each of its medical centers by year's end.

The goal is part of a nine-point list of initiatives announced Friday, which is being implemented at clinics and hospitals across the nation to better care for veterans in the embattled health system.

Already, 34 facilities offer that same-day primary and mental health care. Colorado Springs is not on that list, though the capability is expected to expand, said Dr. David Shulkin, the VA's undersecretary for health, during a conference for health care journalists in Cleveland.

"This is not only possible - we're doing it today," Shulkin said. "What we need to do is to consistently do it across our 168 member centers."

The VA also plans to roll out an app across the nation that allows patients to schedule their own appointments. And the health care system is implementing a new, easier-to-use scheduling system for its staff, Shulkin said.

The initiative, called a "declaration of access" comes as the agency continues to face withering criticism over the falsification of appointment records across the nation - including at Colorado Springs' clinic at Centennial Boulevard and Fillmore Street.

A recent report by the agency's inspector general found 11.5 percent of veteran appointments for care in Colorado Springs were delayed by 30 days or more. The figure is nearly four times the national rate, and it's up 7 percent from before the new 76,000-square-foot clinic first opened.

The report also found that local clinic workers delayed adding scores of veterans to a list for the "Veterans Choice" program, which would have allowed them to seek private care. It impacted 229 of 450 cases reviewed, the report said.

The new goals are meant to help the VA move past those issues, Shulkin said.

"That is not what we believe represents the current VA today," said Shulkin, of treatment delays that first gained notoriety two years ago. "We've now moved beyond that, reaffirmed our values and making sure we're putting systems in place that work for veterans."

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Contact Jakob Rodgers: 476-1654

Twitter: @jakobrodgers

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Post-Vietnam C-123 Vets' Kids NOT Eligible For Spina Bifida Care

(In its Monday April 2016 posting in the Federal Register, VA detailed how the laws covering Vietnam veterans' kids do not apply to post-Vietnam C-123 veterans' children. This was not unexpected as it had been explained to us earlier.)

Chapter 18 of title 38, United States Code, provides for benefits for certain birth children of Vietnam veterans and veterans of covered service in Korea who have been diagnosed with spina bifida, except spina bifida occulta, and certain other birth defects. These benefits include: (1) Monthly monetary allowances for various disability levels; (2) health care; and (3) vocational training and rehabilitation. VA's regulations concerning health care for children authorized under this chapter are published at 38 CFR 17.900 through 17.905.

On May 15, 2015, VA published a proposed rule to more clearly define the types of healthcare VA provides, including day healthcare and health-related services, which VA would define as homemaker or home health aide services that provide assistance with Activities of Daily Living or Instrumental Activities of Daily Living that have therapeutic value; and to make changes to the list of health care services that require preauthorization by VA. (80 FR 27878). The comment period closed on June 14, 2015. We received ten comments, which were all generally supportive. However, the commenters raised several issues regarding beneficiaries covered by this rulemaking, specific services provided, definitions included in the proposed rule, and provision of health care through non-VA care (care in the community). We respond to these comments below and adopt as final the proposed rule, without change.

Scope of the RulemakingBack to Top

One commenter stated that children of Vietnam veterans who have spina bifida may have children of their own, and VA should also provide care to grandchildren of Vietnam veterans who have spina bifida. The commenter stated that according to the US National Library of Medicine, spina bifida is likely caused by the interaction of multiple genetic and environmental factors, and that genetic changes in individuals with spina bifida may increase the risk of neural tube defects in the subsequent generation. The commenter stated that if a child with spina bifida can establish that the grandfather was exposed to herbicides during the Vietnam War, that child should also be covered.

Another commenter stated that children of Air Force active duty servicemembers and reservists who were exposed to Agent Orange while flying C-123 aircraft both during the Vietnam War and the post-war period should also be covered. The commenter noted that these servicemembers flew out of air bases in Thailand and Clark Air Base in the Philippine Islands, and some of the airplanes potentially contaminated by Agent Orange remained in service after the war.

In response to the first comment, VA does not have statutory authority to provide health care to grandchildren of Vietnam veterans who may have spina bifida. VA's authority to provide health care to children with spina bifida or other covered birth defects is limited by statute. A “child” covered under this statute is defined at 38 U.S.C. 1831(1) as an individual, regardless of age or marital status, who is the natural child of a Vietnam veteran, and was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era; or, is the natural child of a veteran of covered service in Korea (as determined for purposes of 38 U.S.C. 1821), and was conceived after the date on which that veteran first entered service described in 38 U.S.C. 1821(c).

Agent Orange Sprayed by USAF F4s During Vietnam

Recently discovered USAF documents summarize experiments using the F-4 fighter-bomber to spray Agent Orange! Nine missions were completed to test herbicide use from high-speed aircraft. The tests were conducted by the 366th Tactical Fighter Wing between January and March of 1969. with the
summary report prepared by the 366th DCO.