Hot topics in the medical field and veteran wellness

PACT ACT

precisionhealthdpc@yahoo.com (Jennifer Hogan) — Sat, 01 Oct 2022 17:40:49 GMT

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I am sure you have seen countless commercials with attorneys talking about the PACT ACT or Promise to Address Comprehensive Toxics Act of 2022 which has been signed by President Joe Biden. It is interesting to see how quickly the vultures come out promising to “help our veterans.” This 150-page document provides a lot of changes regarding presumptive diagnosis for specific “covered veterans.” Today I want to start going over the PACT act in detail and will separate this blog into a multi-part series. My goal is for you to understand how this bill may impact you and explain how you can get the benefits you are legally entitled too.

DETERMINING PRESUMPTION OF SPECIFIC TOXIC EXPOSURE FOR MEMBER WHO SERVED IN CERTAIN LOCATIONS

Presumes that any “covered veteran” was exposed to the substances, chemicals, and airborne hazards.
Includes veterans with burn pit exposure (open air burn pits only)
Includes any record of the veteran in an exposure tracking record system

THE TERM “COVERED VETERAN” MEANS

Means any veteran who served on or after August 2, 1990, and performed active military, naval, air, or space service while assigned to a duty station in, including the air spaces above
Bahrain
Iraq
Kuwait
Oman
Qutar
Saudi Arabia
Somalia
United States Emirates Or any veteran who served on or after September 11, 2001, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above
Afghanistan
Djibouti
Egypt
Jordan
Lebanon
Syria
Yemen
Uzbekistan

DISEASES FOR PRESUMPTION OF SERVICE CONNECTION IN A “COVERED VETERAN”

The diseases listed below have occurred or manifested in a covered veteran shall be considered to have been incurred in or aggravated during active-duty service, even if there is no record of evidence of such disease during the period of such service.

Asthma
Head cancer of any type
Neck cancer of any type
Respiratory Cancer of any type
Gastrointestinal cancer of any type
Lymphoma cancer of any type
Lymphomatic cancer of any type
Kidney cancer
Brain cancer
Melanoma
Pancreatic cancer
Chronic bronchitis
Chronic obstructive pulmonary disease
Constrictive bronchiolitis or obliterative bronchiolitis
Emphysema
Granulomatous disease
Interstitial lung disease
Pleuritis
Pulmonary Fibrosis
Sarcoidosis
Chronic Sinusitis
Chronic rhinitis
Glioblastoma

EFFECTIVE DATE AND APPLICABILITY

If you are considered a “covered veteran,” for most conditions you can file for presumptive service connection right now.
There are a few conditions that the bill list specific dates for when you can file a claim.
I recommend filing your claim ASAP regardless of effective dates or date of applicability. According to sec. 405 part b of the PACT ACT, a claim for benefits cannot be denied for a condition or disease for which the PACT ACT establishes a presumption of service connection because the claimant filed the claim prior to the effective date or date of applicability for that particular disease or condition.

I hope I was able to break this down in an easy-to-understand format. The next blog will discuss how the PACT ACT improves compensation for disabilities occurring in Persian Gulf War veterans, expansion of the definition of a Persian Gulf war Veteran and awarding veterans retroactive pay for these types of claims. You don’t need to spend 1,000’s on an attorney to win presumptive service connection. Find a medical provider who is willing to help you complete the required documents to win your claim.

Call Precision Health DPC to see if we can help you with your claim.

Presumptive service connection

Thu, 19 May 2022 23:44:37 GMT

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Today I want to address “presumptive service connection” for Gulf War Veterans. As noted on my previous post “Presumptive Service Connection” means the VA presumes that certain disabilities were caused by military service. This is because of the unique circumstances of a specific Veterans military service. If a presumed condition is diagnosed in a Veteran within a certain group, they can be awarded disability compensation.

You may be asking what is the criteria for presumptive service connection for Gulf War Veterans?

The Veteran must have served in the Southwest Asia Theater of Operation, have a condition that is at least 10 percent disabling by Dec. 31, 2026, and have continuous symptoms (preferably documented) for at least 6 months.

The following locations are considered the Southwest Asia Theater.

• Iraq

• Kuwait

• Saudi Arabia

• The neutral zone between Iraq and Saudi Arabia

• Bahrain

• Qatar

• The United Arab Emirates (UAE)

• Oman

• The Gulf of Aden

• The Gulf of Oman

• The waters of the Persian Gulf, the Arabian Sea, and the Red Sea

• The airspace above these locations

What is considered a presumed condition for Gulf War Veterans?

A medically unexplained chronic multisymptom illnesses that exist for six months or more, such as:

· Chronic fatigue syndrome

· Irritable bowel syndrome or Gastroesophageal reflux disease

· Fibromyalgia

· Certain infectious diseases diagnosed within 1 yr. of separation

It is important that you establish this is a chronic condition. That is why it is so important that you see your primary care doctor or one of our providers at Precision Health DPC if you think you are suffering from these illnesses. Getting a diagnosis is the first step in getting your claim approved. Let our providers at Precision Health DPC help you navigate through the medical requirements of your VA disability claim.

“presumptive diagnosis.”

precisionhealthdpc@yahoo.com (Jennifer Hogan) — Tue, 26 Apr 2022 23:52:40 GMT

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So, what is “presumptive diagnosis.”

VA presumes that certain disabilities were caused by military service. This is because of the unique circumstances of a specific Veteran’s military service. If a presumed condition is diagnosed in a Veteran within a certain group, they can be awarded disability compensation. The VA has compiled illnesses and conditions coverable by presumptive service connection. Veterans only need to fit specific conditions the VA has set for presumption known as VA Presumptive List. These presumptions are categorized according to (1) category of disease, (2) activity, and (3) location.

Criteria for Presumptive Diagnosis for Vietnam Veterans.

· Exposed to Agent Orange

· Served in the Republic of Vietnam or on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia between Jan. 9, 1962 and May 7, 1975

· The disease must manifest to 10% or more within the first year of discharge from duty.

· Veterans exposed to herbicide agents are exempted from the 90-day service rule.

If you have been diagnosed with the following conditions and you are a Vietnam Veteran, you may qualify for a presumptive diagnosis and can be awarded disability benefits.

· AL Amyloidosis

· B-cell leukemia

· Chronic lymphocytic leukemia

· Multiple myeloma

· Type 2 diabetes

· Hodgkin’s disease

· Ischemic heart disease (including but not limited to, coronary artery disease and atherosclerotic cardiovascular disease)

· Non-Hodgkin’s lymphoma

· Parkinson’s disease

· Parkinsonism

· Prostate cancer

· Respiratory cancers

· Soft-tissue sarcoma (not including osteosarcoma, chondrosarcoma, Kaposi’s sarcoma or mesothelioma)

· Bladder cancer

· Hypothyroidism

Things you will need if you think you may qualify for a presumptive diagnosis

· A diagnosis from the above presumptive list

· (Presumption under Location) DD214 must show deployment to the location

· If a condition is on the Presumptive List, it is supposed to automatically be considered service connected. But we know how the VA works and the VA is not in the business of approving disability claims. Therefore, it is the veteran’s job to prove the connection, and a Nexus Letter will greatly strengthen your case.

· Attach a copy of the VA Presumptive List to give hints that you are trying to get rated by presumptive service connection.

Final Thoughts

If you think you qualify for a presumptive diagnosis, please reach out to the providers at Precision Health DPC. The claims process doesn’t have to be stressful. You may be entitled to compensation under the law. There are people who can help you along the way. Let us know how Precision Health DPC can help you with your VA disability claim. Stay tuned for the next blog post where we will discuss presumptive diagnosis for Gulf War Veterans.

References

38 CFR § 3.309 - Disease subject to presumptive service connection. (n.d.). LII / Legal Information Institute. Retrieved April 25, 2022, from https://www.law.cornell.edu/cfr/text/38/3.309

Va Disability Claims

Wed, 02 Mar 2022 16:43:05 GMT

Va Disability and what can I claim .

Veterans, if you have ever asked yourselves “what can I claim for a VA disability?” Stay tuned. In this blog series I will discuss what is required to file for a VA disability claim, presumptive diagnosis, and discuss in detail the top 10 most common VA disability claims. So, let us start with what is required to file a VA disability claim.

What is required to file for a VA disability claim:

1. Onset of an illness or injury during active-duty service

2. Treatment records consistent with the timeframe of illness or injury and the date of the claim.

3. Current diagnosis

What you will need:

1. All private medical records related to the claimed condition, like reports from your own doctor or X-rays or other test results from a non-VA hospital or other treatment center, and

Any records of medical treatment you’ve received for the claimed condition while serving in the military, and

2. Any military personnel records you have that relate to the claimed condition, and

information about any related health records from a federal facility like a VA medical center or clinic

3. If you think your service records don’t include a description of your disability, you can also submit letters from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell us more about your claimed condition and how and when it happened.

Here is what you can do to help yourself and VA:

1. Communicate and be patient. This is the Government everything moves slowly.

2. Appoint a representative. While there are attorneys who will represent you for a fee, it is rarely necessary to pay to have your claim processed efficiently and successfully. National Service Organizations such as the Disabled American Veterans, Veterans of Foreign Wars, American Legion, Vietnam Veterans of America, Paralyzed Veterans of America, as well as State Departments of Veterans Affairs or Veterans Commissions and County Veteran Service Officers can give excellent assistance and its free. Call your local regional office to see what organizations are available at that office.

3.Consider what you want to claim. Many veterans are told they should go through their service medical records and claim everything they have ever had or been treated for. While that is an

option, it is likely to significantly increase your frustration level, result in unnecessary examinations, can become quite expensive (especially if you’re paying for a private medical opinion or going through a private company), and slows the process without adding any additional benefits. You should not claim acute disabilities or illnesses you had in service unless they left a residual. For example, if you got a stomach virus and got over it, the claim will be denied. On the other hand, if you broke your arm, have diagnostic studies of the fracture (for example X-ray), recovered from it, and later developed arthritis at the site, you should definitely pursue that. Our providers at Precision Health DPC or your personal representative can help guide you on whether a claim is worthy of pursuing

4. If you have been treated by the VA or a private provider, get the records and send them to us. While our intake forms you fill out does offer the opportunity to sign a release and we will request the records for you, we cannot compel providers to send us records nor can we pay for them

5. Show up for your examinations.

6. The first thing you will get from VA once you file your claim is a lengthy letter commonly referred to as a “VCAA letter.” This is a letter required by the law that tells you what the VA will do, what you will be expected to do, and in very general terms tells you how the VA will decide. The letter may also include specific requests from your local regional office for information. Read it carefully for specific requests for information from the VA. Finally, the letter offers the option of completing an attachment telling the VA you have no more information. If that is the case, complete the form and return it immediately. If you don’t and you have no more information, the VA will wait for 30 days before proceeding. Even if, during the course of working the claim you do get additional information you can always submit it when you get it.

7. When you get your decision, read it carefully. It will have attached to it the text of the actual rating decision explaining why the VA decided the way it did. If you think the VA’s decision didn’t consider something, didn’t cover a topic, or is wrong, call your representative right away.

Final Thoughts:

The claims process doesn’t have to be stressful. There are people who can help you along the way. Let us know how Precision Health DPC can help you with your VA disability claim. Stay tuned for the next blog post where we will discuss presumptive diagnosis.

References

VA disability compensation | Veterans Affairs. (2019, December 3). Veterans Affairs. https://www.va.gov/disability/

Some Tips for Filing a VA Disability Claim. (2011, January 4). VAntage Point. https://blogs.va.gov/VAntage/1089/some-tips-for-filing-a-va-disability-claim/