Showing posts with label post deployment. Show all posts
Showing posts with label post deployment. Show all posts

31 January 2016

According to the VA glossary of terms, the terms "Environmental Contaminants" and "Gulf War Illness" are one and the same!

(Thanks for pointing this out, John. Remember, everyone, that VHA Post Deployment Health is the group which redefined "exposure" to prevent exposure claims!

– John Olin, 30 January 2016 

"Environmental Contaminants / Gulf War Illness": 
Gulf War Veterans were exposed to a wide variety of environmental hazards and potential harmful substances during their service in Southwest Asia. These include depleted uranium, pesticides, the anti-nerve gas pill pyridostigmine bromide, infectious diseases, chemical and biological warfare agents, and vaccinations (including anthrax and botulinum toxoid), and oil well free smoke and petroleum products. 

VA recognizes that there are other health risk factors encountered by Gulf War Veterans. Veterans with service during the Gulf War are eligible to receive treatment for conditions related to this service. 

If the treatment provided is for an illness or symptom that may possibly be associated with environmental contamination, copay for medical care and medication copay will not be charged. 

Conditions Associated with Environmental Contaminants: 
Persistent fatigue 
Skin rash 
Headache 
Arthralgias/myalgias 
Sleep disturbance 
Forgetfulness 
Joint pain 
Shortness of breath/chest pain 
Feverishness 
Amyotrophic Lateral Sclerosis 

However, the above language was quietly removed by the VA very recently.  
It now reads: 
Environmental Contaminants: Environment hazards and potential harmful substances such as pesticides and chemical and biological warfare agents. It is very important to note that the language recently removed from the glossary of terms by VA had a huge implication on claimants co-pays. "If the treatment provided is for an illness or symptom that may possibly be associated with environmental contamination, copay for medical care and medication copay will not be charged." 

11 March 2014

Air Force Times: C-123 Veterans Battle VA on Post-Vietnam Agent Orange Claims

Vets battle VA on post-Vietnam Agent Orange claims

Proof C-123-123 'spray birds' caused illnesses long after war

Posted today, by Gannett's Patricia Kime who has covered this issue with sensitivity and remarkable accuracy for several years. Reporter Kime details the track record of C-123 contamination, destruction, experts' opinions, other federal agency findings, test reports and recent scientific investigations.

She also reports the VA's standard response to any proofs against their predetermined refusal of C-123 claims, quoting VA spokesperson's promise to consider claims on a case-by-case basis, not reported was that gentleman's position, as detailed to W. Carter and M. Wentworth at our meeting with his staff on 28 Feb 2013, that no claims will be approved

Or VHA Chief Consultant Post Deployment Health assurances given C-123 veterans that "probably none" of the veterans' exposure claims would ever be approved before our deaths. VHA then comforted us with his assurance "We all die."

Obviously, there is a contradiction between VA uniform denials and VA assurances to the Senate, the veterans and the public that individual C-123 veterans' claims will be carefully evaluated on their merits, on their qualification for meeting the law's requirements and regulations enacted by the VA. And all then denied.

The contradiction is created by VA having both written and perfectly understood unofficial policies that all such claims are to be prevented, the laws apparently being waived in this situation.

So, on a case-by-case basis, all claims are uniformly denied. So much for law, justice, medicine, science, ethics, honesty, honor, and other values and standards we respect...and expected of VA. Just as the VA spokesperson promises, on a case-by-case basis, as each inquiry comes in from the VAROs in accordance with VA21-1MR, each claim then receives one of the boilerplate denial orders.

Why do all the VA spokespersons skip that last part? About all C-123 claims being denied on orders of Post Deployment Health staff?

The Secretary must have authorized various VA units to disregard VA commitments expressed in the Federal Register 31 Aug 2010, freeing the VA in some way from the rule of law (Administrative Procedures Act)

The Secretary must have authorized Post Deployment Health to overturn his earlier order to allow all veterans claiming exposure to receive an Agent Orange Registry exam. 

Although we've written, and the Washington Post carried full details in August just as the Air Force Times did today, the Secretary must not have been informed of the repeated findings by other federal agencies which confirm C-123 veterans' exposure, the staff at Post Deployment Health having a different perspective than the rest of Science, Law and Medicine.

We respect the talent of Dr. Davey's staff, with Post Deployment Health. However, would it not seem that the expertise of the NIH, CDC, EPA, and US Public Health Service might have some influence also?

The veterans' concerns were detailed (as a confidential communication to Dr. B.) to the VA National Center for Ethics in Healthcare, where staff, including its chief, declined to act in any way when we sought advice. This is perhaps because no ethical issues rose to their level of concern, or because the issues were voiced by veterans and not VA professional staff.

We are assured by Assistant General Counsel Hipolit that claims are handled appropriately. After detailing to him our concerns about VA legal shortcuts denying us our rights without due process, he reminded us that any objections can be brought to the Board of Veterans Appeals.

This is where surviving C-123 veterans can have their cases heard on actual legal and scientific merits, contrary to VARO decisions and orders from Compensation and Pension to deny such claims. To many C-123 veterans, the average 900 day wait for a BVA hearing is but fatal advice from Mr. Hipolit...as he knows.

No C-123 claims, other than Paul Bailey's, have ever been allowed by Compensation and Pension. They fulfill the instructions from Post Deployment Health that C-123 exposure claims "just cannot be permitted."