VA rule on Agent Orange, heart disease due soon - Air Force News | News from Afghanistan & Iraq - Air Force Times

VA rule on Agent Orange, heart disease due soon

A new compensation rule for Vietnam veterans with ischemic heart disease, Parkinson’s disease and B-cell leukemias should be out within 30 days, based on a decision from the U.S. Court of Appeals.

Veterans Affairs Department officials had missed a 90-day deadline set by Congress to publish the compensation rule, saying they had to wait for a review by the White House’s Office of Management and Budget.

But several veterans advocacy groups argued that the required review was negated in light of the mandatory deadline, and the court agreed.

The ruling is important because a projected 200,000 veterans can’t receive benefits until VA publishes the rule, and because the onslaught of veterans claiming benefits for ischemic heart disease — common among older Americans — is expected to bog down the benefits claims process for everyone. Veterans groups have said VA adjudicators need to begin work on those claims as soon as possible.

Bart Stichman, co-executive director of the National Veterans Legal Services Program, said he does not believe there was any intent to do harm or to save money by holding up the process.

“All the evidence is that [VA Secretary Eric] Shinseki is trying to help this group,” Stichman said. “They thought [the review] was required.”

In fact, even some veterans advocates have said the decision to presume heart disease is service-connected due to Agent Orange exposure may have gone too far, because so many other factors could cause the higher rates — such as smoking, lack of exercise and poor diet choices.

The court has given VA an additional 30 days to publish the compensation rule. When the department decides to actually publish could make a difference for veterans, Stichman said. If the rules are published by Aug. 31, veterans may begin receiving benefits at the start of the following month — the next day, Sept. 1. But if VA publishes the rules Sept. 1, then veterans will have to wait until Oct. 1 to begin receiving benefits.

Stichman said the court can’t make VA publish its rule retroactively.

Joining Stichman’s group in the appeal were Paralyzed Veterans of America, the Non-Commissioned Officers Association and the United Spinal Association/VetsFirst.