VETERANS CORNER: VA rules, regulations becoming more complicated

Veterans Administration facility at Togus. (Internet photo)

by Gary Kennedy

I will try to get a couple things answered this week. I am getting slower in my old age and VA is becoming more complicated than it used to be. Remember, what I share with you is my opinion based upon my research and that which has worked for me and veterans I have worked with overtime.

I believe I am as accurate as VA sites are, and they vary, one to another. Trying to simplify VA rules, regulations coupled with case law is not an easy nor definitive task. However, it puts us in the ball park and gets the ball rolling. Even the lawyers aren’t 100 percent or they wouldn’t be needed, would they. A veteran needing help should accept any available knowledgeable source. You don’t need to go it alone. Always avail yourself of second opinions. A good person has been known to make mistakes. When you acquire satisfactory information share it.

There are many veteran groups outside of VA, from here to the S.E. Asia Islands. The VA has loosened their rules on medical help and pensions recently. It’s hard to keep up with the changes. A good example would be in the Presumptive area. We recently went through Agent Orange and Burn pits presumptive issues. These alone carry many commorbidities which also become presumptive. A few of the newer ones, for those of you who are not aware, are 1. Male Breast Cancer; 2. Urethral cancer and cancer of the Paraurethral Glands. These can be added to the list of Presumptive. Unfortunately, it takes time and research to reach this point and some may die before they know and obtain help. I have seen a couple of close calls regarding addendums to Presumptive cases.

VA states that you must have been in the military for 90 days or more, active and continues service. I would certainly argue that in some cases. Doctor’s notes and a good lawyer would have a viable argument in my opinion. The PACT Act alone added 20 presumptive conditions based on toxic exposure. Some of these cases are time sensitive, usually one year. So some of these can be very difficult and in my opinion, is unfair.

Cancer is a dirty player. It can hang around for years before rearing it’s vile head. In any case I would still fight for the exception. There is a lot of kidney cancer as of late. This is a presumptive condition and one I would not hesitate to argue outside of any time sensitive rules. We all have heard about our brothers at Camp Lejeune. This evolved from military to people living near the base as well as civilians working on the base. Lawyers are all over this. Simple conditions such as Chronic Rhinitis or Sinusitis can be service compensable conditions, depending on your MOS or having close proximity to the proximal potential causation of these irritants. (Smoke, gas/oil, fumes, solvents etc.) More than three quarters of a million veterans have filed for these Pact Act related events. More than half of these are still pending. Although we have a first come, first1st served policy there needs to be exceptions to this rule. I have seen a couple of situations where this should have been the case. I am referring to near death situations. Most veterans, especially those in line waiting would agree with me on this one. It’s so bad losing someone you love but even worse for the veteran knowing he/she is leaving some very important unfinished business relating to those loved ones. There have been dozens of Presumptive Medical issues added to the list. Speak with your Veteran Service Officer about the many presumed conditions if you believe you or your loved one may fit into any as the ever changing list of medical issues that might be in close proximity to your veteran’s condition.

Next time we will cover other issues on your list. I hope this has been of some help to you and yours. I will try to cover some of the more basic issues next time. God bless you all and have a safe and sharing week. Always remember, “It’s not what you take with you but what you leave behind”.