Friday, April 24, 2015

FW: VVA: VA Expands Choice Program Eligibility, Effective Immediately


Start by doing what's necessary; then do what's possible;
 and suddenly you are doing the impossible.


Veterans AFFAIRS



  VA News Releases   

VA News Release


 
 
VA Expands Choice Program Eligibility, Effective Immediately
04/24/2015 10:36 AM EDT

 VA Expands Choice Program Eligibility, Effective Immediately

VA Will Now Determine Eligibility Using Driving Distance

WASHINGTON  – In order to expand eligibility for the Veterans Choice Program, the Department of Veterans Affairs (VA) today announced that it will determine eligibility for the Veterans Choice Program based on the distance between a Veteran's place of residence and the nearest VA medical facility using driving distance rather than straight-line distance. This change has been published in the Federal Register and is effective immediately.

"VA is pleased to announce the distance calculation change from straight-line to driving distance for the Veterans Choice Program," said Secretary Robert McDonald.  "This update to the program will allow more Veterans to access care when and where they want it. We look forward to continued dialogue with Veterans and our partners to help us ensure continued improvements for Veterans' to access care."

 The change from straight-line to driving distance roughly doubles the number of eligible Veterans.  Letters are being sent to the newly eligible Veterans to let them know they are now eligible for the Veterans Choice Program under this expansion. If a Veteran does not remember receiving a Veterans Choice Card or has other questions about the Choice Program, they can call (866) 606-8198.

Effective immediately, VA is also changing the mileage calculation for beneficiary travel. The change will ensure consistency in VA's mileage calculations across the two programs. The beneficiary travel calculation will now be made using the fastest route instead of the shortest route.

 For more details about the department's progress and related information, see www.va.gov/opa/choiceact/factsheets_and_details.asp.



###

FW: In Honor of "The Dean of Veterans" Pete Wheeler



Start by doing what's necessary; then do what's possible;
 and suddenly you are doing the impossible.


Subject: Fw: In Honor of "The Dean of Veterans" Pete Wheeler



---------- Forwarded Message ----------
From: Military Order of the Purple Heart <communications@purpleheart.org>

Cc:
Subject: In Honor of "The Dean of Veterans" Pete Wheeler
Date: Thu, 23 Apr 2015 13:32:20 -0400 (EDT)




In Honor of "The Dean of Veterans"
Georgia Commissioner Pete Wheeler
Patriot, Friend, and True Veterans' Advocate
1922-2015

Commissioner Pete Wheeler, leader of the Georgia Department of Veterans Service since 1954, died peacefully surrounded by family in the early morning, Tuesday, April 21, 2015.

Wheeler joined the GDVS in 1949 as director of the education division. In 1951 he was named assistant director of the department and served in that capacity until his appointment as the department's director (title later changed to Georgia Commissioner of Veterans Service) on June 26, 1954.

Fifteen reappointments later, Commissioner Wheeler was still in charge.

A decline in his health forced him to take a prolonged medical leave beginning in late 2014, but Commissioner Wheeler remained active. While delegating some day-to-day responsibilities, he nonetheless stayed on top of department business through daily phone calls with his assistants. He was adamant he would return to the office as soon as his physicians allowed.

For 66 years, he was a steadfast public servant and unswerving advocate for all veterans. Throughout his career, Commissioner Wheeler was a respected leader in the veterans community, whose experience and expertise was recognized and called upon at the national level.

Shortly after his appointment to lead the GDVS in 1954, Commissioner Wheeler joined the effort to recognize the new federal holiday, Veterans Day. He was named Georgia Chairman of the National Veterans Day Committee and in that capacity, together with Governor Herman Talmadge, he arranged a formal proclamation signing ceremony declaring the new holiday in Georgia. This proclamation signing became a tradition in the state, unbroken to this day; 2014 marked the first year Commissioner Wheeler was unable to attend.

In 1966, responding to the needs of the first veterans returning from the Vietnam War, as well as their families and survivors, Commissioner Wheeler created the Supermarket of Veterans Benefits, a one-day informational event designed to bring together every local, state, and federal agency providing service to veterans. The hugely successful program became an annual signature event of the GDVS, and the concept has been copied throughout the nation.

He was appointed chairman of the National World War II Memorial Advisory Board by President Bill Clinton in 1994 and served until the memorial's dedication with President George W. Bush in 2004. He was a past president of the National Association of State Directors of Veterans Affairs and remained active in that group throughout his career. He was a life member of the American Legion, DAV, and AMVETS, and a lifetime honorary member of the Atlanta World War II Roundtable.

Commissioner Wheeler was a proud graduate of the University of Georgia. He was a member of Kappa Sigma and was awarded that fraternity's lifetime achievement award. He was an attorney, admitted to the State Bar of Georgia in 1949 and admitted to practice before all state and federal courts.

A World War II veteran of the United States Army, Commissioner Wheeler joined the Georgia National Guard in 1950 and retired in 1978 at the rank of brigadier general.

In 1998, the General Assembly issued a resolution renaming the state's war veterans memorial complex as the "Pete Wheeler Georgia War Veterans Memorial Complex." Overseen by the GDVS and the Georgia Building Authority, the complex includes memorials to Georgia veterans from the Spanish-American War through Desert Storm/Desert Shield. Earlier this year, Commissioner Wheeler approved the design for the next addition, a memorial honoring those killed in Iraq and Afghanistan; it will be dedicated May 20.

Commissioner Wheeler was honored so frequently that a comprehensive list of his awards is difficult to compile. A few of the highlights include:
  • Inducted into the inaugural class (2013) of the Georgia Military Veterans Hall of Fame, for Dedicated Service
  • Recipient of the Silver Helmet Award, presented by AMVETS
  • Recipient of Freedoms Foundation at Valley Forge George Washington Honor Medal
  • Recipient of the American Legion Gold Honor Medal
  • Recipient of the Veterans of Foreign Wars Silver and Gold Medals of Merit
  • Recipient of the Patrick Henry Award, presented by the National Guard Association of the United States
  • Recipient of the National Association of State Directors of Veterans Affairs Lifetime Achievement Award
  • Recipient of the Atlanta USO's Patriot of the Year Award for 2011
  • Honored with "Play it Again Pete," an annual golf tournament sponsored by the Military Order of the Purple Heart National Service Foundation to raise money for the Atlanta VA Medical Center's Homeless Veterans Program.
He was preceded in death by his wife of 59 years, Geraldine; and a daughter, Jane Watkins. Survivors include a daughter and son-in-law, Frances and Mark Jones of Atlanta; son and daughter-in-law, Peter B. "Chip" and Debbie Wheeler of Lawrenceville; son-in-law, John Watkins of Snellville; and six grandchildren, Matthew Wheeler, Joshua Watkins, Joanna Watkins, Alex Jones, Charles Jones, and Jonathan Jones.

A funeral service will be held at 2 p.m. Sunday, April 26, at Decatur First United Methodist Church, 300 E. Ponce de Leon Ave., Decatur, GA 30030, where he was a member, with the Rev. Dr. David Bevel Jones officiating. The committal service will be held at 1 p.m. Monday, April 27, at Georgia Veterans Memorial Cemetery, 2617 Vinson Highway, Milledgeville, GA 31061. In lieu of flowers, memorial contributions may be made to the Georgia War Veterans Home, 2249 Vinson Highway, Milledgeville, GA 31061. The family will receive friends from 2-6 p.m. Saturday, April 25, at A. S. Turner & Sons, 2773 N. Decatur Road, Decatur, GA 30033.
Forward this email



This email was sent to richardandshirley@netzero.net by communications@purpleheart.org |  

Military Order of the Purple Heart | 5413 B Backlick | Springfield | VA | 22151


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Monday, April 13, 2015

FW: Honor Flight

  
Start by doing what's necessary; then do what's possible;
 and suddenly you are doing the impossible.

Date: Mon, 13 Apr 2015 18:50:37 +0000
To: rserge1@outlook.com
Subject: Fw: Honor Flight

From Judy Michaels
Info about Honor Flight departure and arrival:
Friday, April 17th, 5:30 am - flight departs for DC
    If you'd like to see the vets take off (you fools!), you have to be at Southwest Airlines, Terminal 1 at 4 am.  We don't really
    need working volunteers, but if you'd like to see the vets before they leave, join me and other volunteers.  I'll be the
    short woman with curly hair who resembles a zombie at that unearthly hour.
Sunday, April 19th, 4:50 pm - veterans return
    Veterans will be arriving at Terminal 1 on the 2nd floor over the baggage claim.  The veterans will take about an hour to get off the plane and through the terminal so you may want to arrive between 4:45 and 5:00.
    This is always a fun time, and I urge you to join us and cheer their homecoming.
    I'll still be short and have curly hair, but at least my eyes will be open, and I'd love to meet your letter writers as well as see you.
____________________________________________________________
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Friday, April 3, 2015

FW: Vets Dedicating Huge Am.Flag 4/8


 If you understand, Things are just as they are. 
If you do not understand, Things are just as they are.





Date: Fri, 3 Apr 2015 21:54:58 +0000

Subject: Fw: Vets Dedicating Huge Am.Flag 4/8


 



 
                 ARTIST SCOTT LOBAIDO IN LAS VEGAS AS PART  OF
               50-STATE 
"PAINTING FLAGS ACROSS AMERICA TOUR"
                                 ENDORSED BY BETSY ROSS KIN
      HE WILL PAINT HUGE FLAG ON AMERICAN LEGION POST #8,
                              733 N. VETERANS MEMORIAL DR., 
                                    SUN. APRIL 5-WED. APRIL 8 
                       IN TRIBUTE TO LAS VEGAS-AREA VETERANS 
Celebrated artist Scott LoBaido, who calls the American flag "the greatest piece of artwork ever created," together with his aptly-named vehicle "Betsy"--fully loaded with LoBaido's painting supplies--are on a mission.

LoBaido will be in Las Vegas on Sunday, April 5 to Wednesday, April 8, as part of an arduous six-month national tour to paint the Stars and Stripes on American Veterans Post buildings in all 50 states. By the time he arrives in Las Vegas, LoBaido will have painted Old Glory in North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, New Mexico and California.
His "Painting Flags Across America, Celebrating America, Thanking Our Veterans Tour," is sponsored by the Stephen Siller Tunnel to Towers Foundation, The Home Depot Foundation, Behr Paint and CitiQuiet Windows.

The public is invited to the dedication ceremony for the flag mural at American Legion Post #8, 733 N. Veterans Memorial Dr. on Wednesday, April 8th.
Note: Media requests for interviews will be promptly expedited. 
When John R. Harker, the great-great-great-great grandson of Betsy Ross, learned of LoBaido's quest, he said, "I want to congratulate Scott on his tour, and I am pleased he will be celebrating the American flag, the spirit in which it was first designed, and what it represents--honoring our veterans, who are true American patriots protecting our freedoms for over 238 years... It is also fitting that he will design and paint American flags from his small, simply outfitted 'Betsy' pick-up truck, much as Betsy sewed her flags from a similar small, simply outfitted, room in her Arch St. home on the cobblestone streets of Philadelphia. Scott LoBaido and Betsy Ross are both true artisans and patriots in their respective crafts and eras."
Through his murals, LoBaido is also interested in drawing the public's attention to the fact that in addition to the middle-aged and senior-citizen men and women we typically think of when we hear the word "veteran," there's a huge population of Gen X'ers and Millennials who also should be publicly acknowledged and saluted.
Says LoBaido, "There are over two million veterans who are younger than 35, and who are no longer in the military. These 20- and 30-somethings should be celebrated for volunteering--under the toughest circumstances possible--to defend us. I thought now was the ideal time for Americans to focus on what these millions of young men and women did. In my mind there is no more fitting way to do that than to paint the flag on the very buildings dedicated to their service."
For more information about the "Painting Flags Across America, 
Celebrating America, Thanking Our Veterans" tour go to: 
  
About Artist Scott LoBaido:
*One network television news program named him their "Person of the Week" in acknowledgment of his artistry and mission
*He has painted the Stars and Stripes over 1000 times, as part of his personal tribute to the flag and veterans
*He was commissioned by NASCAR Sprint Cup champion Brad Keselowski to paint an American flag
*He uses external latex paint, in nine different colors, and employs paint brushes and rollers
*From June 14-July 4, 2010, LoBaido completed a painting of the "World's largest version of Old Glory" (150,000 sq. ft., 3.5 acres) on a factory rooftop in Houston, TX (see immediately below)
     
       

        
CONTACT: Catherine Christman   cath137@aol.com  (803)240-5863


____________________________________________________________
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Wednesday, April 1, 2015

DEDICATION OF FLAG MURAL

 
 

ARTIST SCOTT LOBAIDO

DEDICATION OF FLAG MURAL

Wednesday April 8th

2:00 PM- Light refreshments immediately

following the dedication

LAS VEGAS POST 8

733 Veterans Memorial Dr, Las Vegas,

NV 89101 702-382-8533

Scott will be painting the mural from Sun 4-5

through Wed 4-8.

This is part of a tour of painting the Stars

and Stripes on American Veterans Post

buildings in all 50 states

As seen on The American Legion website:

http://www.legion.org

www.scottlobaido.com

Post 8 is having an American Flag Mural painted on the side of it's building by an artist who was featured on the Legion website, www.legion.org (see link below)  painting flags Across America. Attached you will find a flyer for the dedication ceremony. Please attend.

Please share this email with any other veteran and veteran groups so we may give a Las Vegas sign of appreciation for what Scott LoBaido is doing across the country.

A full press release is available by contacting Catherine Christman at: cath137@aol.com

http://shar.es/1gv53o Scott LoBaido launches 50-state veteran celebration by painting Old Glory on the side of Post 202 in Fayetteville, N.C. This message was sent using ShareThis (http://www.sharethis.com)

www.scottlobaido.com

FW: MOPH Chapter 711 - April Meeting


 If you understand, Things are just as they are. 
If you do not understand, Things are just as they are.





Subject: Fw: MOPH Chapter 711 - April Meeting

Patriots,
Just to remind you that this coming Saturday, April 4,  is the monthly meeting date for MOPH Chapter 711.  This month's meeting will be held at the following location:                                                                                 
IHOP Restaurant
9651 Trailwood Drive
Las Vegas, NV 89134
This restaurant is located in Summerlin where we have the July 4th Parade.
We will meet at 9:00 a.m. for breakfast and/or coffee.  We will each be responsible for our own check + tip.
If you want to order breakfast we will see you at 9:00 a.m.  -- if you just want to come for our regular meeting we will see you at 10:00 a.m.  However, please know that if you want to come and spend some time talking before the meeting but don't want to have breakfast and/or coffee, please feel free to do so.
Call if you have any questions.
John Waid
Commander
Telephone: 702-869-4186


____________________________________________________________
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FW: AGENT ORANGE EXPOSURE APPEARS TO DOUBLE RISK OF INVASIVE SKIN CAN CER (IOM doesn't recognize study)

FYI and dissemination as appropriate.

FRANK VAN HOY
National Service Director
Military Order of the Purple Heart
5413-B Backlick Road, Springfield, VA 22151
O: 703.642.5360


 
 
By Annette M. Boyle
 
HOUSTON â€" Even four decades later, veterans exposed to Agent Orange during the Vietnam War have twice the risk of developing unusually invasive nonmelanotic skin cancers compared with the general population, according to a recent study.
 
“We noticed a lot of veterans coming into our clinic had very aggressive squamous and basal cell carcinomas, and it seemed like there was a connection to Agent Orange exposure, but a literature search failed to find any studies that showed an association in humans,” said Mark Clemens, MD, assistant professor of plastic surgery, University of Texas M.D. Anderson Cancer Center.
Previous studies have demonstrated a positive correlation between 2-, 3-, 7-, 8-tetrachlorodibenzodioxin (TCDD), the highly toxic contaminant in Agent Orange and nonmelanotic invasive skin in animals.
 
As of 2009, more than 485,000 veterans with Agent Orange exposure had registered with the VA. DoD and the VA recognize and provide benefits for many TCDD exposure-associated diseases, including peripheral neuropathy, amyloidosis, B-cell leukemia, birth defects, chronic lymphocytic leukemia, type 2 diabetes mellitus, Hodgkin and non-Hodgkin lymphoma, ischemic heart disease, multiple myeloma, Parkinson̢۪s disease, porphyria cutanea tarda, prostate cancer, respiratory cancers, soft-tissue sarcomas and chloracne.-
 
A U.S. Huey helicopter spraying Agent Orange over Vietnam.A U.S. Huey helicopter spraying Agent Orange over Vietnam.
 
Currently, however, skin cancer is not presumptively associated with Agent Orange exposure. The latest Institute of Medicine update to the Veterans and Agent Orange report concluded that there is “inadequate and insufficient information to determine whether there is an association between exposure to Agent Orange and basal cell or squamous cell cancer.”1
 
That didn't dissuade the M.D. Anderson researchers from further investigation.
 
“In our clinic, we talked about an association on a daily basis. We wanted to systematically take the first step toward conclusively making that case,” Clemens said. “We did a pilot study with 100 consecutive patients and found a surprisingly high rate of 51% of veterans had nonmelanotic skin cancer, which is about twice what you would see in an age-matched cohort in the general population,” Clemens told U.S. Medicine.
 
The researchers evaluated the medical records of patients who enrolled in the Agent Orange registry at the Washington, DC, VAMC from August 2009 to January 2010. The patients ranged in age from 56 to 80 years old, with a mean age of 65.7 years. Only patients with Fitzpatrick skin types I-IV (fair to medium complexions) were included in the study. The results of the study appeared in the February issue of Plastic and Reconstructive Surgery.2
 
“We compared whether they sprayed fields every day, lived and worked in the area or traversed a field once as part of work and then looked at the incidence by group,” Clemens said. Among the 30% of patients who actively sprayed Agent Orange, the risk of skin cancer was even higher â€" 73%. Of those who lived or worked in areas sprayed with the chemical, 46% had nonmelanotic invasive skin cancer (NMISC). For veterans who reported only traveling through areas exposed to Agent Orange, the rate dropped to 21%.
 
About 43% of patients had chloracne, known to be caused by dioxin exposure. The presence of chloracne increased the rate of NMISC substantially, to 80%. Cutaneous melanoma occurred in 9% of the patients, similar to the 8.8% rate seen in individuals over the age of 65 in the general population. More than one-fourth of the patients (26%) had other malignancies.
 
Men with lighter skin and light eye color also had increased risk. Of the 14 men with Fitzpatrick skin type I, the lightest, 10 (71%) had NMISC. Just under 60% of those with Fitzpatrick skin type II and 45% of those with type III had NMISC, while none of those with skin type IV did. Of the 38 veterans with blue eyes, 66% (25) had NMISC, as did 60% (9) of those with green or hazel eyes. The incidence rate was much lower in veterans with brown eyes, at 36%.
 
“The takeaway from the study is that there may be an association between Agent Orange and development of nonmelanotic skin cancer, but it needs to be studied on a larger scale with thousands of patients. What we’ve observed is very, very suspicious and supports what’s been reported anecdotally,” Clemens noted.
 
Clemens said he and his colleagues are hoping to enroll patients in a larger, prospective study. The researchers pointed out that their study had some significant limitations, such as reliance on recalled TCDD exposure and the absence of a control group of nonexposed Vietnam-era veterans.
 
While research continues, Clemens encouraged physicians to closely monitor veterans with Agent Orange exposure for skin cancers.
 
“Most patients in this group don’t fall under the screening regimen. They may not have a family history of skin cancer; they’re over 65. Even if there isn’t a formal screening recommendation, veterans exposed to Agent Orange should have a physician look them over from head to toe and check any areas where they might have skin cancer,” he suggested.
 
“It’s difficult with just 100 patients to stratify subcohorts to determine who is most or least at risk, but the incidence was clearly higher among individuals with fair skin and light eyes,” Clemens added. “We can say that we really need additional study to determine the relative risk within this group and how we might best help these veterans.”
 
1 National Research Council. Veterans and Agent Orange: Update 2012. Washington, DC: The National Academies Press, 2014.
2 Clemens MW, Kochuba AL, Carter ME, Han K, Liu J, Evans K. Association between Agent Orange Exposure and Nonmelanotic Invasive Skin Cancer: A Pilot Study. Plast Reconstr Surg. 2014 Feb;133(2):432-7.
 


 If you understand, Things are just as they are. 
If you do not understand, Things are just as they are.





FRANK VAN HOY
National Service Director
Military Order of the Purple Heart
5413-B Backlick Road, Springfield, VA 22151
O: 703.642.5360




By Annette M. Boyle

HOUSTON — Even four decades later, veterans exposed to Agent Orange during the Vietnam War have twice the risk of developing unusually invasive nonmelanotic skin cancers compared with the general population, according to a recent study.

"We noticed a lot of veterans coming into our clinic had very aggressive squamous and basal cell carcinomas, and it seemed like there was a connection to Agent Orange exposure, but a literature search failed to find any studies that showed an association in humans," said Mark Clemens, MD, assistant professor of plastic surgery, University of Texas M.D. Anderson Cancer Center.
Previous studies have demonstrated a positive correlation between 2-, 3-, 7-, 8-tetrachlorodibenzodioxin (TCDD), the highly toxic contaminant in Agent Orange and nonmelanotic invasive skin in animals.

As of 2009, more than 485,000 veterans with Agent Orange exposure had registered with the VA. DoD and the VA recognize and provide benefits for many TCDD exposure-associated diseases, including peripheral neuropathy, amyloidosis, B-cell leukemia, birth defects, chronic lymphocytic leukemia, type 2 diabetes mellitus, Hodgkin and non-Hodgkin lymphoma, ischemic heart disease, multiple myeloma, Parkinson's disease, porphyria cutanea tarda, prostate cancer, respiratory cancers, soft-tissue sarcomas and chloracne.-

A U.S. Huey helicopter spraying Agent Orange over Vietnam.

Currently, however, skin cancer is not presumptively associated with Agent Orange exposure. The latest Institute of Medicine update to the Veterans and Agent Orange report concluded that there is "inadequate and insufficient information to determine whether there is an association between exposure to Agent Orange and basal cell or squamous cell cancer."1

That didn't dissuade the M.D. Anderson researchers from further investigation.

"In our clinic, we talked about an association on a daily basis. We wanted to systematically take the first step toward conclusively making that case," Clemens said. "We did a pilot study with 100 consecutive patients and found a surprisingly high rate of 51% of veterans had nonmelanotic skin cancer, which is about twice what you would see in an age-matched cohort in the general population," Clemens told U.S. Medicine.

The researchers evaluated the medical records of patients who enrolled in the Agent Orange registry at the Washington, DC, VAMC from August 2009 to January 2010. The patients ranged in age from 56 to 80 years old, with a mean age of 65.7 years. Only patients with Fitzpatrick skin types I-IV (fair to medium complexions) were included in the study. The results of the study appeared in the February issue of Plastic and Reconstructive Surgery.2

"We compared whether they sprayed fields every day, lived and worked in the area or traversed a field once as part of work and then looked at the incidence by group," Clemens said. Among the 30% of patients who actively sprayed Agent Orange, the risk of skin cancer was even higher — 73%. Of those who lived or worked in areas sprayed with the chemical, 46% had nonmelanotic invasive skin cancer (NMISC). For veterans who reported only traveling through areas exposed to Agent Orange, the rate dropped to 21%.

About 43% of patients had chloracne, known to be caused by dioxin exposure. The presence of chloracne increased the rate of NMISC substantially, to 80%. Cutaneous melanoma occurred in 9% of the patients, similar to the 8.8% rate seen in individuals over the age of 65 in the general population. More than one-fourth of the patients (26%) had other malignancies.

Men with lighter skin and light eye color also had increased risk. Of the 14 men with Fitzpatrick skin type I, the lightest, 10 (71%) had NMISC. Just under 60% of those with Fitzpatrick skin type II and 45% of those with type III had NMISC, while none of those with skin type IV did. Of the 38 veterans with blue eyes, 66% (25) had NMISC, as did 60% (9) of those with green or hazel eyes. The incidence rate was much lower in veterans with brown eyes, at 36%.

"The takeaway from the study is that there may be an association between Agent Orange and development of nonmelanotic skin cancer, but it needs to be studied on a larger scale with thousands of patients. What we've observed is very, very suspicious and supports what's been reported anecdotally," Clemens noted.

Clemens said he and his colleagues are hoping to enroll patients in a larger, prospective study. The researchers pointed out that their study had some significant limitations, such as reliance on recalled TCDD exposure and the absence of a control group of nonexposed Vietnam-era veterans.

While research continues, Clemens encouraged physicians to closely monitor veterans with Agent Orange exposure for skin cancers.

"Most patients in this group don't fall under the screening regimen. They may not have a family history of skin cancer; they're over 65. Even if there isn't a formal screening recommendation, veterans exposed to Agent Orange should have a physician look them over from head to toe and check any areas where they might have skin cancer," he suggested.

"It's difficult with just 100 patients to stratify subcohorts to determine who is most or least at risk, but the incidence was clearly higher among individuals with fair skin and light eyes," Clemens added. "We can say that we really need additional study to determine the relative risk within this group and how we might best help these veterans."



FW: Lawsuit Challenging Parts of the Final VA "Standard Claims and Appeals Form" Rules


 If you understand, Things are just as they are. 
If you do not understand, Things are just as they are.





Date: Tue, 31 Mar 2015 19:22:03 +0000
To: rserge1@outlook.com
Subject: Fw: Re: Lawsuit Challenging Parts of the Final VA "Standard Claims and Appeals Form" Rules



All,
Hopefully this email will answer many of your questions and alleviate any concerns you may have regarding this lawsuit.
The law firm representing the legal action is Wilmer Cutler Pickering Hale and Dorr LLP ("WilmerHale") through its Washington, DC office. Parties to this legal action include the National Veterans Legal Services Program, The American Legion, AMVETS, The Military Order of the Purple Heart, and Vietnam Veterans of America. WilmerHale is representing this matter on a pro bono basis. 
The proposed challenge in the U.S. Court of Appeals for the Federal Circuit is to two aspects of the rules promulgated by the Office of Veterans Affairs ("VA") on September 24, 2014, which became effective on March 24, 2015: (a) the elimination of the VA's existing "informal claim" process; and (b) the elimination of the VA's duty to infer benefit claims for disabilities when entitlement to service connection for the disabilities is reasonably raised by the evidence of record even though these disabilities are not "related" to the expressly claimed disabilities.
WilmerHale's brief statement of the case is as follows:
               "Background:  On September 25, 2014, the VA published final rules that amend Parts 3, 19, and 20 of 38 C.F.R.  See 79 Fed. Reg. 57660-57698.  These final rules on what VA calls "Standard Claims and Appeals Forms" will become effective on March 24, 2015.   Congress has provided that a lawsuit challenging a VA rule may be filed directly in the U.S. Court of Appeals for the Federal Circuit.  NVLSP and several other veterans service organizations (VSOs) wish to challenge certain parts of these rules (hereinafter the "new rules").
               "Challenge #1:  For decades prior to these new rules, a veteran could begin a claim for benefits in one of two ways: by filing with the VA (a) a written document (like a letter sent by USPS) expressing an intent to file a claim for benefits (called an informal claim) or (b) the application form that VA has for the particular benefit sought (called a formal claim).  The VA would typically send a formal claim form to the veteran who filed an informal claim and give the veteran a year within which to file the formal claim form.  If the claim initially initiated by an informal claim was ultimately granted, the effective date for the award of benefits would usually be the date VA received the informal claim, not the later date of receipt of the formal claim form.
                The new rules eliminate the informal claim.  Under the new rules, an award of benefits can be no earlier than the date the VA receives (a) an electronically submitted formal claim form; (b) a paper formal claim form; (c) a new form called a form indicating an intent to file a claim for benefits; or (d) an oral statement of intent to file a claim, but only if (i) the oral communication is "directed to a VA employee designated to receive such a communication" and (ii) the VA employee documents the date the employee received the oral communication.  This means that if VA receives from a veteran a letter expressing a desire for a particular benefit, receipt of that letter can no longer serve to establish the earliest effective date if the VA ultimately awards the benefit.  The VA will send a formal claim form to a veteran who submits a letter requesting benefits, but the earliest possible effective date will be the date the formal claim form is received by VA.
                The new rules eliminating the informal claim harms low-income and disabled veterans who (a) do not have access to and know how to use a computer (b) are not located near a VA facility that has copies of VA claims forms, and (c) do not have access to a telephone.  For example, a homeless, impoverished, disabled veteran who lives in a rural area is at a significant disadvantage compared to those who can navigate the internet, own a telephone, or live near a VA facility that has VA claims forms.  If that vet sends the VA a letter asking for a particular type of benefit, VA receipt of that letter will have no impact on the effective date.  Even if the homeless vet provides an address of a friend to which the VA could send a claims form, it may take months for the VA to respond by sending a claims form and for the homeless vet to file the form that will serve to establish the earliest possible effective date.
     NVLSP and the other VSOs wish to challenge the elimination of an informal claim that serves to set the earliest effective date as inconsistent with VA's statutory authority and a violation of the Fifth Amendment's guarantee of equal protection.
      "Challenge #2: Congress, the courts, and the VA have all long agreed that the VA claims adjudication process is intended to be non-adversarial and pro-claimant and that the VA has a duty to assist a veteran-claimant obtain the evidence necessary to substantiate the claim.  The VA has long taken the position when it considers a veteran's claim for a particular service connected disability (disability X), and the record reveals that the veteran is entitled to service-connected disability benefits for a different disability (disability Y), the VA has a duty to adjudicate the veteran's entitlement to service connection for disability Y, even though the veteran never requested benefits for disability Y.  Thus, if a Vietnam veteran files a claim for service connection for PTSD and the record reveals that the veteran suffers from type 2 diabetes, the VA would have an obligation when adjudicating the PTSD claim to also adjudicate entitlement to service connection for type 2 diabetes since VA regulations provide that a Vietnam veterans who manifests type 2 diabetes is entitled to service connected disability benefits for type 2 diabetes.
     In VA's commentary to the final rules, VA stated regarding the scope of a claim filed pursuant to the new rules that VA will continue to "infer or identify and award certain benefits that a claimant has not expressly requested but that are related to a claimed condition and there is evidence of record indicating entitlement."  79 Fed. Reg. 57692.  However, VA stated that "entirely separate conditions never identified on a standard claim form generally will not be the subject of claims that are reasonable raised by the evidence of record."  Id.  Thus, VA in effect takes the position that in the above example, it is not obligated to adjudicate whether the veteran is entitled to service connected disability benefits for type 2 diabetes because the veteran never filed a claim for benefit for type 2 diabetes and type 2 diabetes is unrelated to PTSD.
     NVLSP and the other VSOs wish to challenge VA's elimination in the new rules of VA's duty to infer benefit claims for disabilities when entitlement to service connection for the disabilities is  reasonably raised by the evidence of record even though these disabilities are not "related" to the expressly claimed disabilities."
This action in no way affects the VA's Fully Developed Claim (FDC) process - "Quick Claim Procedure". The FDC is separate and distinct. MOPH is NOT advocating modification/elimination of the FDC process. MOPH is, in fact, a strong advocate of the FDC process.
If there are further questions/comments, please contact me.
Yours in Patriotism,
FRANK VAN HOY
National Service Director
Military Order of the Purple Heart
5413-B Backlick Road, Springfield, VA 22151
O: 703.642.5360


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