VA Admits Exposures Were Worse Than Thought

Approximately 400,000 veterans were exposed to ionizing radiation while members of the occupation forces of Hiroshima or Nagasaki, or during participation in atmospheric nuclear weapons testing from1945 to1962. Claims from veterans for disabilities they believe resulted from radiation exposure have been received since the 1970's. A report of the National Research Council (NRC) release this summer determined that the information provided the VA to determine the radiation doses may have underestimated the amount of radiation to which some veterans were exposed. This information from the Defense Threat Reduction Agency (DTRA) may have been used to deny some veterans a disability they should have been awarded. If the veteran has died the widow may now be entitled to Dependency and Indemnity Compensation (DIC). By January 31, 2004 the VA intends to review all claims for radiation disability and mail letters to the last known address of the veterans or widows advising them of the new findings.

Only veterans who were denied compensation or widows who were denied (DIC) because the radiation dose estimates provided by DTRA were insufficient to establish that the exposure caused the claimed disability can expect a reversal of the VA's decision. Contact a Veterans Service Officer if your claim was denied because of data from DTRA.

NEW RULE AFFECTS SOME AGENT ORANGE VICTIMS

Assume you knew a Vietnam veteran who died of lung cancer in the 1985. Before he died he filed a claim with the VA for service connection due to Agent Orange. His claim was denied because lung cancer was not recognized as one of the 15 presumptive diseases caused by Agent Orange until 1994. Now because of a new regulation designed to comply with the requirements of litigation the veterans widow can now seek compensation retroactive to the date of that denied claim in 1985. Any veteran or widow who was previously denied a claim for one of the 15 presumptive conditions caused by Agent Orange should contact a Veterans Service Officer. For a list of these conditions call me at 516-572 8450.

VA Disability Benefits and Dependency and Indemnity Compensation are going up 2% with the January 2004 checks. The Medal of Honor stipend is also going up to $1,000 per month.

A well-trained Veterans Service Officer can help a veteran get the most out of the benefits available but for those of you who would like to attack the process alone the VA has just made it easier. The Veterans Online Application is an Internet application that allows a veteran to apply for VA compensation, educational benefits, and vocational rehabilitation and employment benefits in a user-friendly question and response format. Go to www.va.gov for information. My advice ,however is to call on a Veterans Service Officer especially for a compensation claim. Remember, the claim is yours not the service officer's. Make sure you get a copy of everything you sign and send to the VA. Make sure you understand the process and ask a lot of questions. Even a good sound claim can take a year for a decision a less than perfect claim can take many years.

Due to a recent court case many claims that the VA were ready to deny have been deferred giving the veteran one-year to submit additional evidence. Even if the veteran had no new evidence to submit the VA was forced to wait the full year to render a negative decision. New legislation has reversed this policy and many veterans who were notified that their decisions were deferred will soon be receiving their negative decisions. The good news is that the sooner the decision is received the sooner an appeal can begin.

A great new web site for veterans has been created by the Institute of Medicine. If you have resisted the urge to join the internet generation now is the time to give in and go online. The web site at veterans.iom.edu/ has sections for health care issues for WWII, Korea, Vietnam and Gulf War Veterans.

Nadine Bruh-Schiffer, Deputy Director, Long Island National Cemetery is looking for volunteers to assist with a nation wide effort to inventory the many memorials at our National Cemeteries. Volunteers are needed to take measurements and photographs, record inscriptions, make notes on monument conditions and conduct historical research. Call Ms. Bruh-Schiffer at 631-454-4949.

As of January 31, 2003 the Vet Center 116 Main St. Babylon can no longer offer readjustment counseling to Vietnam era veterans who did not serve in Vietnam. The Vet Center continues to offer PTSD counseling to combat theatre veterans of World War II, Korea, Vietnam, Lebanon, Grenada, Panama, Somalia, Bosnia, Kosovo, Afghanistan, and the two Gulf Wars. Counseling is also available to veterans who experienced sexual trauma while on active duty.

December 19, 2003

VA Admits Exposures Were Worse Than Thought