Improving the Presumptive Disability Decision-Making Process for Veterans (2008) / Chapter Skim
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Pages 52-69
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Agent Prepublication Copy – Uncorrected Proof
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However, the nature of the individual Gulf War reports and specific statements of task have required less overlap of membership and increased the need for more specific scientific expertise and back Prepublication Copy – Uncorrected Proof
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Each stakeholder brings an important perspective to the presumptive disability decision-making process for veterans. There are clearly factors other than science that are considered in these decisions especially when the sci Prepublication Copy – Uncorrected Proof
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. Prepublication Copy – Uncorrected Proof
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Paper presented at the 3rd meeting of the IOM's Committee on the Evaluation of the Presumptive Disability Decision-Making Process for Veterans, San Antonio, TX. Prepublication Copy – Uncorrected Proof
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. Once a medical condition is service connected through presumptions, and the veteran can document military service consistent with the given exposure or risk, the vet Prepublication Copy – Uncorrected Proof 4-1
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§ 1116(f) (Presumptions of Service connection for Diseases Associated with Exposure to Certain Herbicide Agents; Presumptions of Exposure for Veterans Who Served in the Republic of Vietnam.
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The current system of creating presumptions that permit "automatic" awarding of benefits when a veteran suffers from a named presumptive disease promotes administrative efficiency. It means, however, that scientific input into decisions about a veteran's entitlement to disability payments occurs only at the front end of the process when a decision is made whether or not to service connect.
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"Sound scientific evidence" means observations, findings, or conclusions that are statistically and epidemiologically valid, are statistically significant, are capable of replication, and able to withstand peer review, and "sound medical evidence" means observations, findings, or conclusions that are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition" (Claims Based on Exposure to Ionizing Radiation.
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. The plaintiffs contended that "Congress intended only that there be a significant ‘statistical association' between Prepublication Copy – Uncorrected Proof
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Public Law 102-4. 102d Cong., 1st Sess.; codified, as amended, Presumptions of Service Connection for Diseases Associated with Exposure to Certain Herbicide Agents.
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. The statement in the Fed Prepublication Copy – Uncorrected Proof
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As in the Agent Orange legislation, "a positive association" is required between an environmental exposure associated with service in the Persian Gulf War and "the occurrence of a diagnosed or undiagnosed illness in humans or animals" (Presumptions of Service Connection for Illnesses Associated with Service in the Persian Gulf During the Persian Gulf War.
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. As of the time of report publication, no statement appears in the Federal Register, although such statements are required to be filed within 60 days of the receipt of an IOM report (Presumptions of Service Connection for Illnesses Associated with Service in the Persian Gulf During the Persian Gulf War.
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2001. Diseases associated with exposure to certain herbicide agents: Type 2 diabetes.
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Amputees and cardiovascular disease Radiation Mustard Gas / Lewisite Gulf War Prepublication Copy – Uncorrected Proof 5-1
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and appears a conse Prepublication Copy – Uncorrected Proof
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had no treatment and was considered to be chronic. Lessons Learned Presumptive decisions for mental disorders have been made for veterans who are former POWs and veterans who developed chronic mental problems during or shortly after military service.
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