Improving the Presumptive Disability Decision-Making Process for Veterans (2008) / Chapter Skim
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Pages 349-408
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. Prepublication Copy – Uncorrected Proof
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2004. VA Disability Compensation Program: Legislative history.
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. Prepublication Copy – Uncorrected Proof
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The public policy debate. Washington, DC: VA Prepublication copy – Uncorrected proof E-1
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This statement is made in the light of experience under the War Risk Insurance Act, as amended, and the World War Veterans Act of 1924, as amended...." Letter from General Omar Bradley, Administrator of Veterans Affairs 1947 Prepublication Copy – Uncorrected Proof
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41 February 1950 1921 Prepublication Copy – Uncorrected Proof
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Gray, Jr., Administrator of Veterans Affairs June 29, 1951 Prepublication Copy – Uncorrected Proof
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1987 Prepublication Copy – Uncorrected Proof
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No. 1745, 81" Congress, 2d Sess, 1950 Prepublication Copy – Uncorrected Proof
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Olin E Teague, Chairman, House Committee on Veterans' Affairs Hearings, 85th Cong., lit Sess.942 1957 Prepublication Copy – Uncorrected Proof
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Senate Report No. 1745, 81at Congress, Second Session 1950 SOURCE: VA, Presumption of Service Connection, The Public Policy Debate Prepublication Copy – Uncorrected Proof
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1921 • Hemophilia • Hodgkin's Disease • Leukemia (all types) • Ochronosis Prepublication Copy – Uncorrected Proof F-1
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• Carcinoma, sarcoma Disabilities or naval services from date of (based upon the in the World separation from and other tumors • WW Veterans War I active service Cardiovascular-renal Prepublication Copy – Uncorrected Proof
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• November 2, Veterans' Manifest within Establishes Ulcers (gastric or 1928 Bureau Schedule 6 months from service duodenal) of Disability discharge from connection for Ratings, military service ulcers Extension 6 and shown present within 1 year after discharge April 12, 1933 Executive Order Chronic Diseases Amends list of Tuberculosis: 6089.
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F-4 IMPROVING THE PRESUMPTIVE DISABILITY DECISION-MAKING PROCESS FOR VETERANS Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information April 12, 1933 discharge; 2nd year Carried diagnoses forward prior presumptive if at presumptions 6 months for of chronic minimal cases, 9 diseases except months rickets, moderately obesity, advanced cases, acidosis, and 12 months beriberi, far advanced chronic cases cholecystitis, diabetes insipidus, gout, hemophilia, haemochromat osis, hemoglobinuri a, nephrolithiasis, ochronosis, pellagra, purpura, scurvy, polycythemia (erythremia) , and chronic valvulitis Prepublication Copy – Uncorrected Proof
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From page 365... ...
Tropical Diseases: Disease Within one year • Malaria 1945 8, section I contracted after separation during active of active service military service January 3, Disability Disease Service in the Within one year Relapses of Tropical Diseases: • Dysentery (amebic, 1947 ratings for contracted tropics or a place after separation malaria (after malaria and during wartime having a high of active the one year bacillary) • Filariasis (Bancroft's chronic diseases service incidence of the wartime service separation)
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• Osteomalacia • Organic diseases of the nervous system (tumors of the brain, cord, peripheral nerves) • Scleroderma Prepublication Copy – Uncorrected Proof
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during military 1947 to July 25, from active medical • Arthritis Part 3: Veterans' service 1947 wartime service evidence, • Atrophy, progressive claims; competent lay miscellaneous Within one year evidence, or Tropical muscular Prepublication Copy – Uncorrected Proof
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symptoms during Tropical • Myasthenia gravis the first 6 months disease: • after termination When shown to Myelitis • of active service exist at a time Myocarditis • when standard Nephritis • and accepted Osteitis (deformans) treatises indicate • Osteomalacia that the • Organic diseases of the incubation nervous system period of the • Palsy, bulbar Prepublication Copy – Uncorrected Proof
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From page 369... ...
Tropical Diseases: • Black water fever • Cholera • Dracontiasis • Dysentery • Filariasis • Leishmaniasis • Leprosy • Loiasis • Malaria • Onchocerciasis Prepublication Copy – Uncorrected Proof
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From page 370... ...
Federal Register 15(169) :5902 Prepublication Copy – Uncorrected Proof
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of the U.S. during of therapy in a period of war, connection with campaign, or tropical disease expedition Within one year Period of service after separation after Nov 11, from active 1918 and before service or when July 2, 1921, if standard and served after April accepted 5, 1917 and treatises indicate before Nov 12, incubation 1918 period Period after Psychosis: December 31, WWII or Korean 1946 and before service within July 26, 1947, if two years after Prepublication Copy – Uncorrected Proof
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From page 372... ...
:1581- connection for 1582. chronic or tropical disease Factual basis: may be established by medical evidence, competent lay evidence or both August 12, Public Law 91- Active military, Held by Imperial Detained or Service Former Prisoner of War 376.
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to 10 with malnutrition) • conflict, or the percent or more Other nutritional Government of after service deficiency North Vietnam, • Pellagra or the Viet Cong Psychosis: • Psychosis during the Characteristic Vietnam era manifestations of the disease to 10 percent or more within two years after separation from service December 1, Pensions, Active service Service of 90 Diseases Associated with Chronic 1970 bonuses, and days or more Former Prisoners of Diseases: veterans' relief.
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:18280- suffered from 7 years from 18283. dietary date of 38 CFR Part 3 deficiencies, separation from forced labor, or service inhumane treatment Tropical Diseases: manifest to a degree of 10 percent or more within 1 year from date of separation from service or at a time when standard treatises indicate that the incubation period commenced during such service Prisoners of War: manifest Prepublication Copy – Uncorrected Proof
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time when before Jan 1, 38 CFR Part 3 1947: veteran standard and with 6 or months accepted of service treatises indicate that the incubation period commenced Prepublication Copy – Uncorrected Proof
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and 12 months Final regulation. for minimally, Federal Register moderately, and Prepublication Copy – Uncorrected Proof
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:50339- extremities at or 50340. above the ankles 38 CFR Part 3, Sec 3.310 August 14, Former Prisoner Diseases Associated with Former prisoner While serving in Characteristic The previous 1981 of War Benefits Former Prisoner of of war active military, manifestations prisoner of war Act of 1981.
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From page 378... ...
with malnutrition) • during a period of Other nutritional war deficiency • Pellagra • Psychosis • Any of the anxiety states March 18, Veterans Former Prisoner of War Former prisoner While serving in Characteristic Implementing Benefits; Former • Avitaminosis 1982 of war active military, manifestations the new • Beriberi (including Prisoners of naval, or air of the disease to Former War.
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From page 379... ...
Sec 111 98 Stat. 37, 40 August 26, Diseases Associated with Herbicide Dioxin Dioxin Dioxin: Adjudication of • Dioxin 1985 Vietnam era exposure: no presumed have Herbicide Exposure: claims based on Chloracne later than 3 been exposed Ionizing (2,3,7,8 exposure to Hiroshima or months from the if served in the tetrachlorodi dioxin or Nagasaki, Japan date of exposure Vietnam era Radiogenic Diseases: benzo-p ionizing • All forms of leukemia (September 1945 dioxin)
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chronic Peptic ulcer disease • diseases Peripheral neuropathy Prepublication Copy – Uncorrected Proof
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Prepublication Copy – Uncorrected Proof
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• 42803. time after clarification Multiple myeloma • 38 CFR Part 3 exposure concerning Non-malignant thyroid when service nodular disease • connection can Posterior Posterior subcapsular be established subcapsular cataracts based upon cataracts: manifest 6 claimed months or more exposure to after exposure ionizing radiation and herbicides Other diseases: manifest 5 years containing or more after dioxin exposure October 15, Radiation Radiation Government's Childhood Individuals not Diseases Associated with 1990 Exposure exposure above-ground leukemia and in military Radiation Exposure: • Above- • Uranium Compensation nuclear tests in other diseases Act of 1990.
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service involved Prepublication Copy – Uncorrected Proof
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11 herbicide agent osteosarcoma, lymphoma • containing chondrosarcom Soft tissue sarcoma Dioxin or 2,4- a, kaposi's dichlorophenoxy sarcoma, or acetic acid or mesothelioma) : other chemical manifest 10 compound in an percent or more herbicide agent disability Chloracne: 10 percent or more disability within one year after the last date active duty in Republic of Vietnam August 14, Veterans' Radiation Amends service Amends Diseases Associated with Prepublication Copy – Uncorrected Proof
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105 radiation-risk STAT. 414 activity during a period of active duty for training or inactive duty training October 15, Claims based on Diseases Associated with Exposure to Republic of Lists diseases Chloracne: 1991 exposure to herbicides Vietnam; manifested not associated with Herbicide Exposure herbicides containing Vietnam era later than three exposure to (containing Dioxin)
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:1699- test protective test protective Prepublication Copy – Uncorrected Proof
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: • Lung cancer • Porphyria cutanea tarda July 31, 1992 Claims based on Mustard Gas During World Chronic forms of Final rule from Diseases Associated with chronic effects exposure by War II; the diseases Jan 15, 1992 Exposure to Mustard of exposure to participating in participating in manifested after Gas: Prepublication Copy – Uncorrected Proof
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4774 March 26, Claims based on Ionizing Amends Diseases Associated with 1993 exposure to radiation diseases Exposure to Radiation: • Ovarian cancer ionizing associated with • Parathyroid adenoma radiation. Final exposure to rule.
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:25564- the Radiation 25565. Exposure 38 CFR Part 3 Compensation Act of 1990 May 19, Direct service Military service Military service Amends list of Diseases Associated with 1993a connection or former prisoner diseases Service: • Post-traumatic stress (post-traumatic Stressor actually of war associated with stress disorder)
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19, 1991) performed active the Republic military, naval, of Vietnam or air service in the Republic of Vietnam January 24, Claims based on Diseases Associated with Mustard gas and Full-body Chronic Amends 1994 chronic effects other vesicant manifestation of regulation Exposure to Mustard exposure to of exposure to agents the diseases after concerning Gas and other Vesicant nitrogen or vesicant agents.
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From page 391... ...
or Lewisite: • Obstructive Laryngitis, pulmonary disease bronchitis, (chronic) emphysema, • Scar formation asthma, or chronic obstructive pulmonary disease Full-body exposure to nitrogen mustard: Acute nonlymphocytic leukemia February 3, Disease Herbicide agent Republic of Disease manifest Amends list of Diseases Associated with 1994 associated with exposure Vietnam; to 10 percent or diseases to Exposure to Certain exposure to Specifically, 2,4- Vietnam era more at any time other chronic, Herbicide Agents: • Hodgkin's disease certain herbicide D; 2,4,5-T, and after service tropical, or • Porphyria cutanea agents.
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From page 392... ...
Part 3 During active within a year exposure to military, naval, after the last date certain or air service veteran was herbicide exposed to an agents; herbicide agent wartime and during active service on or military, naval, after January or air service 1, 1947 June 9, 1994 Disease Herbicide agent Republic of Amends list of Diseases Associated with Multiple associated with exposure Vietnam; diseases Exposure to Certain myeloma: exposure to Vietnam era Disease manifest associated with Herbicide Agents: • Multiple myeloma certain herbicide During active to 10 percent or chronic, • Respiratory cancers: agents (multiple military, naval, And wartime and more at any time tropical or myeloma and or air service service on or after after service prisoner of Bronchus respiratory January 1, 1947 war, or Larynx cancers)
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) bronchitis, • Asthma Prepublication Copy – Uncorrected Proof
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From page 394... ...
During active herbicide myeloma: Public Law 103- • Multiple myeloma military, naval, manifest to 10 exposure • Porphyria cutanea 446. 103d or air service percent presumptions Prepublication Copy – Uncorrected Proof
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From page 395... ...
4645 • more Respiratory cancers (lung, bronchus, Porphyria larynx, or trachea) cutanea tarda: 10 percent or more manifested within a year after the last date veteran was exposed to an herbicide agent during active military, naval, or air service Respiratory cancers: Within 30 years after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service Prepublication Copy – Uncorrected Proof
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Part 3 • Fatigue Bahrain, Qatar, active service or • Gastrointestinal signs the United Arab to a 10 percent Emirates, Oman, degree or more or symptoms the Gulf of Aden, no later than two • Headache the Gulf of Oman, years after the • Joint pain the Persian Gulf, date the veteran • Menstrual disorders the Arabian Sea, last performed • Muscle pain the Red Sea, and active service in • Neurologic signs or the airspace the Southwest symptoms above these Asia theater of • Neuropsychological locations operations signs or symptoms during the • Signs or symptoms Persian Gulf involving skin War • Signs or symptoms involving the respiratory system (upper or lower) • Sleep disturbances February 3, Compensation Active military, Southwest Asia Chronic (6 Final rule for Diseases Associated with 1995 for certain naval, or air theatre during the months or more undiagnosed Undiagnosed Illnesses Prepublication Copy – Uncorrected Proof
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From page 397... ...
disability or symptoms • Fatigue 38 CFR Part 3 Bahrain, Qatar, resulting in one • Gastrointestinal signs the United Arab or more signs Emirates, Oman, and symptoms or symptoms the Gulf of Aden, and manifested • Headache the Gulf of Oman, either during • Joint pain the Persian Gulf, active service or • Menstrual disorders the Arabian Sea, to a 10 percent • Muscle pain the Red Sea, and degree or more • Neurologic signs or the airspace no later than two symptoms above these years after the • Neuropsychological locations date the veteran signs or symptoms last performed • Signs or symptoms active service in involving skin the Southwest • Signs or symptoms Asia theater of involving the operations respiratory system during the (upper or lower) Persian Gulf • Sleep disturbances War October 13, Claims based on Ionizing Amends Diseases Associated with 1995 exposure to radiation diseases Exposure to Ionizing ionizing associated with Radiation: Prepublication Copy – Uncorrected Proof
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3322 cases -- August 5, 1964–May 7, 1975 November 7, Diseases Herbicide agent Republic of Manifest to 10 Amends list of Diseases Associated with 1996 associated with exposure Vietnam; percent diseases Exposure to Certain exposure to Vietnam era disability or associated with Herbicide Agents: Prepublication Copy – Uncorrected Proof
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weeks or months 38 CFR Part 3 of exposure to a herbicide agent and resolves within two years of the date of onset April 29, 1997 Compensation Persian Gulf Interim rule Interim rule to Diseases Associated with for certain War service extending the expand the Undiagnosed Illnesses: undiagnosed Extension of the period of period of disease period within illnesses. Interim disease to manifest to manifest from diseases must rule with request "two years after manifest for comments.
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veterans with 38 CFR Part 3 qualifying disabilities would be denied compensation Prepublication Copy – Uncorrected Proof
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1601, 1602, service connection for War 1603 illnesses associated with service in the Persian Gulf Diseases having War an association with exposure to a biological, chemical, or other toxic agent, environmental or Prepublication Copy – Uncorrected Proof
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From page 402... ...
113 STAT. 1545 July 10, 2000 Radiation Nuclear Amends list of Diseases Associated with Leukemia: Lung Cancer: Exposure atmospheric Physically present Onset of disease diseases Radiation Exposure: Compensation testing in affected area at least 2 years associated to Act for at least 1 year after first radiation Nuclear Atmospheric Amendments of Testing Uranium mining January 21, 1951 exposure exposure and • Brain cancer 2000.
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From page 403... ...
:18195- connected 18198. 38 CFR Part 3 May 8, 2001 Disease Herbicide In the Republic of Illness manifest Amends Diseases Associated with associated with exposure Vietnam during to a degree of 10 diseases Exposure to Herbicides: Prepublication Copy – Uncorrected Proof
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From page 404... ...
:23166 23169. 38 CFR Part 3 August 8, Diseases Radiation-risk Total of at least Amends list of Diseases Associated with 2001 specific to activity 250 days before diseases Radiation-Risk Activity: radiation- Add cancers: February 1, 1992 associated with • Cancer of the bone exposed Ionizing (Paducah, radiation-risk • Cancer of the brain veterans.
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From page 405... ...
active service 2015 additional 107th Cong., 1st diseases Respiratory Diseases Associated with Sess. associated with Persian Gulf cancers: Persian Gulf War : • Chronic multisymptom presumptive herbicide Exposure: Persian Gulf period amended exposure and illness: War service from "within 30 Persian Gulf Chronic fatigue active military, years" through exposure syndrome, Prepublication Copy – Uncorrected Proof
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From page 406... ...
F-46 IMPROVING THE PRESUMPTIVE DISABILITY DECISION-MAKING PROCESS FOR VETERANS Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information Fibromyalgia, and naval, or air "May 7, 1975" Irritable bowel service Amended list syndrome of diseases Persian Gulf Persian Gulf • associated with Exposure Exposure Undiagnosed Illness or Active duty in the military Additional chronic multisymptom Armed Forces in diseases: "on service, illness: the Southwest September 30, Persian Gulf Abnormal weight loss, Asia theatre of 2011" War Cardiovascular signs operations during or symptoms, the Persian Gulf Fatigue, War Gastrointestinal signs or symptoms, Headache, Joint pain, Menstrual disorders, Muscle pain, Neurological signs and symptoms, Neuropsychological signs or symptoms, Signs or symptoms involving the upper or lower respiratory system, Sleep disturbances, Unexplained rashes or other dermatological Prepublication Copy – Uncorrected Proof
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From page 407... ...
and Occupation of performance of Hiroshima or duty related to Nagasaki, Japan Long Shot, (August 6, 1945 Milrow, or to July 1, 1946) ; Cannikin or internment as underground a prisoner of war nuclear tests in Japan or service on active duty in Japan following such internment during WWII with opportunity Prepublication Copy – Uncorrected Proof
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From page 408... ...
add to the list 38 CFR Part 3 of "radiogenic diseases", but the VA will consider a claim that polycythemia vera is a radiogenic disease as long as there is scientific or medical evidence to support the claim November 7, Service Preexisting chronic Military service Amended Prepublication Copy – Uncorrected Proof
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