Presumptive Disability Needed

[Guest guest]

Hi Folks,

Please take a few minutes to email to your Congressional

representatives. It can't hurt and maybe someone will actually read

it and take action.

(http://www.visi.com/juan/congress/)

Semper Fi,

Bob O'Dowd

Sunday, October 5, 2008

Presumptive Disability Needed

VA policy puts the burden of proof on veterans to provide extensive

supporting documentation for disability compensation claims for TCE

exposure, even when veterans have been stationed at contaminated

military sites and the illness is linked to TCE exposure.

Government reports show that many military bases have elevated levels

of Trichloroethylene (TCE)—a toxic chemical linked to cancer and

other serious illnesses.

A 2003 Air Force Pentagon report estimated that there were 1,400 TCE-

contaminated military sites. Former Marine Corps Air Station El Toro

is one of those bases.

At MCAS El Toro, EPA estimated that the source area of the TCE plume

spreading into Orange County had an estimated 8,000 pounds of TCE in

the soil and groundwater. No question that Marines working in this

area were at risk of exposure to TCE.

A major problem for sick veterans who were stationed at El Toro and

other military bases with TCE contamination is the VA requirement to

obtain proof that their disability was due to military service.

The VA denies disability claims of veterans without substantial

supporting documentation, including an opinion from a medical doctor

that the illness was " at least as likely as not " due to exposure to

TCE in the military.

For many veterans this is a " catch twenty-two situation. " The

military base they were stationed at has high levels of TCE. Their

illness is one that can be caused by exposure to TCE. They can't work

because of their disability. The VA requires " proof " that their

disability including a medical opinion that the illness was linked to

military service.

The veteran now out of work because of the disability must obtain

substantial supporting documentation linking the disability to

military service (the VA calls this a " nexus " statement). If you bet

the veteran does not have the money to pay for the VA's proof

requirements, the odds are in your favor.

A call to a California medical doctor and toxicologist who

specializes in this area showed that a one page opinion letter would

cost about $3,000, assuming only a quick review of the medical

documentation. The opinion letter came without any guarantees.

There's a better way for veterans who are seriously ill from TCE

exposure. VA disability claims for veterans who have diseases linked

with TCE exposure can be resolved by given them " presumptive

disability " entitlement.

The VA's Presumptive Disability entitlement eliminates the need for

an expensive medical nexus statement. How does " presumptive

entitlement " work? If one of the medical conditions linked to TCE

exposure is diagnosed in a veteran and the veteran served in a

location contaminated with TCE, the VA presumes that the

circumstances of his/her service caused the condition, and disability

compensation could be awarded.

The VA has four groups of veterans under the Presumptive Disability

category. These include former POWs, Vietnam veterans (exposed to

Agent Orange); atomic veterans (exposed to ionizing radiation); and

Gulf War veterans.

There's medical support of the heath affects of TCE exposure

(including the EPA and the National Academy of Sciences). TCE was a

widely used chemical by the military for decades, many bases have

documented TCE contamination, and many veterans were exposed to this

carcinogen and suffer the effects of exposure.

In 2001, EPA reported TCE exposure associated with neurotoxicity,

immunotoxicity, developmental toxicity, liver toxicity, kidney

toxicity, endocrine effects, and several forms of cancer.

Without presumptive disability entitlement, a disabled cancer veteran

with cancer who was exposed to TCE in the military at one of the

1,400 contaminated military sites needs to pay for a medical doctor's

review and opinion linking the cancer to military service, obtain

copies of all medical records, file a disability claim, wait months

if not years for a decision, and be prepared to appeal a denial.

Assuming the veteran lives that long, the cost can easily run into

thousands of dollars. HMOs do not pay for VA nexus statements.

Veterans, who are sick with cancer, can't work, and many with limited

assets do not have the means to pay for highly skilled medical

professionals. Failing to provide the nexus statement from an expert

will cause the disability claim to be denied. Sadly, that happens

more often than not. There's a better way to repay those who served

our country.

I have no idea of total cost to the government for including TCE

exposed veterans under the presumptive disability category. As a

stage 2/3 bladder cancer survivor and El Toro Marine veteran, I have

some idea of the cost to a veteran of not doing this. I have medical

coverage so all of my operations and chemotherapy were paid for.

Others are not so fortunate. I also have the means and the skills to

find an expert medical practitioner who can write a nexus medical

opinion to support a VA disability compensation claim. Others are not

so fortunate. I have the funds to pay several hundred dollars per

month for prescription drugs. Others are not so fortunate. I could go

on and on but you get the idea.

It's not feasible to wave a magic wand to remove all of the TCE

contaminants from military installations or to cure the health

affects of exposure to military personnel and in many cases their

dependents. Since we can't make a miracle happen, why not at least

compensate those affected by exposure by including them in the VA's

Presumptive Entitlement Disability category?

The VA is not going to wake-up tomorrow morning and realize the

necessity of approving Presumptive Disability for TCE exposure.

Congressional support is needed to make this change.

For example, at Camp Lejeune thousands of veterans were exposed to

TCE contaminated water for decades. Only two veterans filed

successful VA disability compensation cases and those were approved

after appeals.

Why not take a few minutes to email your representative to ask that

TCE exposed veterans be included under the VA's Presumptive

Disability category?

________

my reply to Bob....

Hi Bob,

I have to say I agree whole heartedly, but I also think it now goes

beyond just Vets and their families. There are many Milatary Bases

that are being purchased for the purpose of developing these " Toxic

Sites " for civilian use. Take for instance, the Former NASA/ Boeing

Industrial Facility in the City of Downey CA. In addition to other

areospace activities, it was also the DOD's Air Force Base #16. The

land has a 70 year history of Toxic Chemical's contamination. I am

just one of the many unsuspecting civilian's, that now fully know

first hand, the detrimental damage that can be attributed to the

Toxic exposure's on a Military Site, as I am now totally disabled.

This land was privatized and I and fellow coworkers were relocated

onto this property while remediation activities are taking place, and

not expected to be complete for years to come. And while not all may

become sick, the handfull's of us that do, we are ignored with the

door of hope for any kind of help, is slammed shut in our faces. Our

Government at the moment does NOT CARE. I pray for change in the

comming years, but for now, we might have more luck starting a

petition to be burried with Militay Honors instead!!!