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HAS ANYBODY HEARD ANY MORE ABOUT THE LEGISLATION THAT VA SECRETARY-JAMES PEARSE-SAID WOULD BE EFFECTIVE AUG. 1-TO MAKE -ALS -A PRESUMPTIVE DISEASE FOR ALL VETS. OUR VA OFFICE HERE IS MS. TOLD ME THEY DON'T KNOW ANYTHING ABOUT IT!!
THANKS
MARY F. WARREN
BELZONI, MS.
Veterans Benefits Update
Dear Joe,
As you know, The ALS Association has been working to establish ALS as a service connected disease to ensure that veterans with ALS receive the disability and health benefits they need when they need them.
In July, we shared with you that the Secretary of Veterans Affairs was planning to announce that veterans with ALS will automatically be considered service connected and eligible for full VA benefits, as of today, August 1, 2008.
We wanted to update you that the VA has not made any announcement of a change in policy for veterans with ALS. However, we continue to anticipate that the VA will issue regulations on this issue and will establish ALS as service connected disease. The details of those regulations are still under review at the VA and it is not yet clear exactly when regulations will be officially announced.
Therefore, until regulations are released and the VA makes an official announcement, we continue to emphasize that the issue is still under review and details have not been finalized.
We also want to alert veterans with ALS and ALS Association Chapters that some organizations have released and posted on their website inaccurate and misleading information about this issue stating that veterans with ALS are considered service connected as of today, August 1. THIS IS NOT TRUE.
Unfortunately, the organizations that have shared this information have not been involved in the executive branch rulemaking process and have based their information on unsubstantiated accounts.
We encourage Chapters and veterans to share this alert with others in the veteran community so that they receive accurate information on the status of this important issue. We also encourage veterans to join our Roll Call of Veterans so that we can provide them with the latest updates on this and other issues important to veterans with ALS.
As The ALS Association and our VA Issue Team continue to work with the VA, we will keep you posted on the latest developments on establishing ALS as a service connected disease.
If you have any questions, please contact the Advocacy Department of The ALS Association at advocacy@alsa-national.org.
If you no longer wish to receive e-mail from us, please click here.
Here is what we have gathered as far as info goes: PALS Who Served May Be Eligible For Presumptive Disability Benefits From VA.
When specific conditions are diagnosed in a former service member of the U.S. military, the Veterans Administration (VA) presumes those disabilities were caused by military service and disability compensation may be awarded. Called “presumptive disability”, this means that if a veteran is diagnosed within a window of time following honorable discharge, the disability is considered to be service-connected, a designation that comes with a higher level of benefits than normal.
In the case of ALS, the VA has made a connection between military service and the onset of the disease. Because of this, there is a 1-year “presumptive disability” for People with ALS (PALS.) The presumptive disability increases to 20 years thanks to a study released by the Department of Defense and the VA. The study found Veterans who served in the Persian Gulf in 1990 and 1991 have a nearly twofold risk of Lou Gehrig's disease compared to veterans of the same era who did not serve in the Gulf. The incidence was especially high (2.7 times) among Air Force personnel who served in the conflict.
Since funds for the VA health care program are limited, the VA has set up priority groups to make sure that certain veterans are able to be enrolled before others based on a specific eligibility i.e. presumptive disability. The priority groups range from 1-8 with 1 being the highest priority for enrollment.
The VA offers education, health care, and in some cases, insurance benefits. Eligibility for most services is based upon certain criteria, which includes, a minimum duty requirement (usually 24 months active duty), discharge status (honorable/dishonorable), the level of disability, and whether or not the disability is service-connected. Other additional benefits may require wartime service.
Once enrolled in the system, the VA provides comprehensive health care. In most cases, this benefit is available to veterans regardless of whether or not the veteran has a service-connected disability. Remember that if one has additional insurance, one may receive medical care elsewhere (i.e. a certified ALS Center). You are never limited to the VA system, but you are eligible for its services
If you’d like to learn more about eligibility, benefits, or other VA matters, contact the VA at www.va.gov or 877-222-VETS or Paralyzed Veterans of America at www.pva.org or 800-424-8200.
Article Title: July 15, VA Benefits Update: Temporary Victory for Veterans with ALS
http://www.veteransforcommonsense.org/?Page=Article&ID=10663
Two years of hard work came to fruition Monday in a move that could benefit thousands of veterans who suffer from Lou Gehrig's disease. Note: VCS sees this as only a temporary victory, as there are no laws or regulations for the ALS benefits, only the Secretary's policy change.
July 15, 2008 - Two years of hard work came to fruition Monday in a move that could benefit thousands of veterans who suffer from Lou Gehrig's disease.
Note: VCS sees this as only a temporary victory, as there are no laws or regulations for the ALS benefits, only the Secretary's policy change. Our other concerns include: Will VA contact veterans with prior denied claims, or approve claims only prospectively? Will VA contact deceased veterans’ families for compensation and education benefits?Will VA make this retroactive to the date of the claim, or pay from the date of the Secretary's temporary policy change? How much will this cost taxpayers? Does VA have enough staff to process these claims? How many veterans and survivors does VA expect to file new claims or re-open prior claims? Why aren't veterans service-connected at 100% placed into Category 1, instead of the Category 4 reported in the story?
The U.S. Department of Veterans Affairs will grant a service-connected disability, the highest category of disability, to all veterans with ALS, or amyotrophic lateral sclerosis, a degenerative disease that affects veterans at a rate at 1.6 times the general population.
The news came during a conference call among Dr. James Peake, secretary of Veterans Affairs, Sen. Lindsey Graham and retired Air Force Brig. Gen. Tom Mikolajcik, who suffers from ALS and spoke from his Mount Pleasant home.
Mikolajcik cried when he heard the news. He deflected credit for the policy change and praised Peake and South Carolina legislators, including Graham, Rep. Henry Brown and Sen. Jim DeMint. "This will impact thousands of veterans," Mikolajcik said. "This is a reason to have hope — hope meaning helping other people endure."
ALS strikes about 15 Americans daily, shutting down nerve cells responsible for movement. Limbs weaken and atrophy before paralysis spreads to the trunk of the body. Seventy percent of people with ALS die within five years.
Mikolajcik was diagnosed almost six years ago. He still breathes on his own and gets out "a little bit," he said. In January, he was implanted with diaphragm-pacing stimulators to help maintain muscles used in breathing.
Previously, only veterans of the first Gulf War received full benefits for ALS. The new designation should take effect in August, Mikolajcik said.
There are eight categories of care in the VA system. A catastrophic illness could give a veteran Category 4 status, Mikolajcik said, and will provide medication and some equipment.
"There's a huge difference between Category 4 and 1," Mikolajcik said. That difference, that could mean a disability pension, help with transportation and grants for home modification, he said.
Mikolajcik, who receives full benefits, said that he could not maintain his standard of living without the VA's help. And seeing other veterans go without those same benefits drove him to continue his campaign with legislators and officials.
"Patients with ALS ought to have an opportunity to have a quality of life," he said. "While I can't go to the beach and watch my grandchildren draw in the sand, they can be with me, and I can still have joy and quality of life. While my body's dead, I am not."
Why veterans are more likely to get the disease is unknown, Mikolajcik said. A voluntary registry of veterans with ALS recorded 2,117 people from 2003-07. Those are only the veterans who knew of the registry and made the call, he said. Today, only 800 of them are alive.
Mikolajcik met with the previous VA secretary in 2007, and he was told more studies were needed. In April, the retired general met with the new secretary, Peake, when he visited Charleston with Brown.
The former commander of Charleston Air Force Base has visited Congress three times to push for ALS research and testified before a congressional committee last summer.
"'No' is not an acceptable answer, not when it affects the lives of people who have served their country so bravely and valiantly," Mikolajcik said.
Please visit Veterans for Common Sense at http://www.veteransforcommonsense.org
It's Official!!!
VA to Grant Benefits to All Veterans with ALS
We did it! Tomorrow, September 23, the Veterans Administration will publish regulations officially establishing ALS as a service connected disease! Effective immediately, all veterans with ALS will now have access to the highest level of VA benefits without having to prove that their disease was caused by service in the military.
This is a tremendous victory for all veterans and is the culmination of years of work by The Association, our VA Issue Team and veterans across the country. It is clear that our outreach - testifying before Congress, partnering with the VA, advancing research to identify the connections between ALS and military service and educating the public about this issue - have paid off. The Association has championed legislation (H.R. 5454) that would have established ALS as a service connected disease. However, thanks to our efforts at Advocacy Day and throughout the year, this legislation no longer is needed!
ALL Veterans with ALS Eligible for Benefits
This new policy means that ALL veterans with ALS will receive the benefits they need, deserve and have earned. Importantly, it is broad in scope and applies to all veterans diagnosed with ALS regardless of when or where they served and regardless of when they were diagnosed with the disease following service in the military. A summary of the regulation can be found here. The text of the regulation is available here.
Tomorrow and in the coming days, The ALS Association will post additional information about the regulation, including answers to frequently asked questions, an overview of benefits available to veterans with ALS, as well as guidance veterans can use to obtain service connected veterans benefits.
The ALS Association would like to thank VA Secretary James Peake, Congressman Henry Brown (R-SC) and Senator Lindsey Graham (R-SC) for their efforts to work with us and the ALS community in support of veterans across the country. We also would like to thank all veterans with ALS whose outreach to Congress has helped make this important benefit possible.
Additional information will be available on our website on September 23. If you have any questions, please do not hesitate to contact the Advocacy Department at advocacy@alsa-national.org.
Today, September 23, 2008, the Veterans Administration will publish regulations officially establishing ALS as a service connected disease. Effective immediately, all veterans with ALS will now have access to the highest level of VA benefits without having to prove that their disease was caused by service in the military. [See Department of Veteran Affairs 38 CFR Part 3; RIN 2900-ANOS Presumption of Service Connection for Amyotrophic Lateral Schlerosis. Agency: Department of Veteran Affairs. Action: Interim Final Rule. Effective Date: This interim final rule is effective on the date of publication in the Federal Register. Comments must be received 60 days after publication in the Federal Register.
MY HUSBAND, WAS DX WITH ALS ON MARCH 2, 2006,PASSED AWAY FROM IT ON JULY 2, 2006. HE WAS ON THE NATL. ALS REGISTRY. HE HAD APPLIED FOR VA BENEFITS, HOWEVER, WE WERE TOLD FIRST IT WAS PENDING, THEN, THE LAST WE HEARD WAS-THEY NEVER RECEIVED THE APPLICATION. I APPLIED FOR BURIAL & DIC BENEFITS. I WAS DENIED I-2008. I APPEALED ON 4-2008 AND WAS DENIED SEPT. 19,2008. NOW, WITH THIS NEW LEGISLATION--WILL I BE ELIGIBLE?
MARY F. WARREN
E-MAIL-cam@belzonicable.com
I received this in my email yesterday...ok?
Have a great day!!!!
It's Official!!!
VA to Grant Benefits to All Veterans with ALS
We did it! Tomorrow, September 23, the Veterans Administration will publish regulations officially establishing ALS as a service connected disease! Effective immediately, all veterans with ALS will now have access to the highest level of VA benefits without having to prove that their disease was caused by service in the military.
This is a tremendous victory for all veterans and is the culmination of years of work by The Association, our VA Issue Team and veterans across the country. It is clear that our outreach - testifying before Congress, partnering with the VA, advancing research to identify the connections between ALS and military service and educating the public about this issue - have paid off. The Association has championed legislation (H.R. 5454) that would have established ALS as a service connected disease. However, thanks to our efforts at Advocacy Day and throughout the year, this legislation no longer is needed!
ALL Veterans with ALS Eligible for Benefits
This new policy means that ALL veterans with ALS will receive the benefits they need, deserve and have earned. Importantly, it is broad in scope and applies to all veterans diagnosed with ALS regardless of when or where they served and regardless of when they were diagnosed with the disease following service in the military. A summary of the regulation can be found here. The text of the regulation is available here.
Tomorrow and in the coming days, The ALS Association will post additional information about the regulation, including answers to frequently asked questions, an overview of benefits available to veterans with ALS, as well as guidance veterans can use to obtain service connected veterans benefits.
The ALS Association would like to thank VA Secretary James Peake, Congressman Henry Brown (R-SC) and Senator Lindsey Graham (R-SC) for their efforts to work with us and the ALS community in support of veterans across the country. We also would like to thank all veterans with ALS whose outreach to Congress has helped make this important benefit possible.
Additional information will be available on our website on September 23. If you have any questions, please do not hesitate to contact the Advocacy Department at advocacy@alsa-national.org.
If no one is aware as of yet, on 09/28/08 ALS was added to the presumtives list and benefits were immediately payable from that date forward.
The problem which still needs addressing is that this is the only illness which was not grandfathered so all claims with dates prior to 09/28/08 would only be paid from that date forward not the original claim date.
If anyone has questions, please let me know at JDAVIS92840@sbcglobal.net.
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