Research - Rehabilitation - Re-Employment

Sgt. Shaft 10/10/2001

 Dear Sgt. Shaft:

On November 9, 2000, the VA announced the determination that there is a "positive association" between Type 2 diabetes and the herbicides used in Vietnam. A proposed regulatory amendment to 38 CFR 3.309(e), adding Type 2 diabetes to the VA's list of diseases for which VA allows presumptive service connection based on herbicide exposure (including Agent Orange), was published in the Federal Register, pages 2376-2380, on January 11, 2001.

The final regulation adding Type 2 diabetes to the list of diseases associated with Agent Orange was published in the Federal Register on May 8, 2001. The regulation will become effective July 9, 2001.

What does this mean? If a veteran was exposed to an herbicide agent (including Agent Orange) during active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, Type 2 diabetes shall be service-connected even though there may be no record of diabetes during service.

A veteran with diabetes is considered to have been exposed to an herbicide agent if he or she served on active duty in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

To establish entitlement for service-connected compensation benefits for Type 2 diabetes, supporting evidence must show two things:

You served on active duty in the Republic of Vietnam during the period beginning January 9, 1962, and ending on May 7, 1975. If you do not have them, VA will get your service records and will review them to see if they contain the evidence needed to verify your service in the Republic of Vietnam during the period indicated. VA will also get other military service records, if necessary.

A current diagnosis of Type 2 diabetes. This can be shown by medical evidence indicating a confirmation of Type 2 diabetes. VA will obtain any VA medical records or other medical treatment records you indicate to support this diagnosis. You can also give VA other evidence showing you have persistent or recurrent symptoms of Type 2 diabetes. This evidence could be your own statement or statements from other people describing your symptoms.

Any veteran with in-country Vietnam service and diagnosed diabetes mellitus should contact his or her local VA office for information and assistance on applying for benefits. However, the VA cannot award benefits until the regulation takes effect.

For more information, veterans should visit the Agent Orange web page at http://www.vba.va.gov/bin21/benefits/herbicide/index.htm or log onto the VA Compensation and Pension Internet site at http://www.vba.ba.gov/bin21/index.htm which has inquiry capability into the Agent Orange Helpline Unit (SMTP: GWIAOHelpline@vba.va.gov). Information is also available toll-free at the Agent Orange Helpline, 1-800-749-8387.

Joseph Thompson
Under Secretary of Veterans Affairs for Benefits

Dear Secretary Thompson:
Thank you for sharing this vital information with my readers. I am sure you want to re-emphasize the following advice you have given to veterans maneuvering the VA claim process:

"You can always reach the VA from anywhere in the United States by dialing, toll-free, 1-800-827-1000.

"The optimum times for reaching the VA by phone are before 9:00 a.m. and after 2:00 p.m. Have your claim number ready and any reference material available before you call.

 "Make certain to keep your mailing address current with the VA.

"Follow up any reported change, i.e., address, direct deposit, dependents, etc. with written notice and retain a copy for your records. Follow up by phone if the change has not been effected within 60 days.

"If you are calling the VA about a specific program, ask if there is a coordinator for that program, i.e., Homeless, Women Veterans, Military Services, POW.

"If you experience difficulty with a VA counselor, ask to speak with a supervisor.

"File any claims to establish service-connected disability as soon as possible after separation from active duty. It is very difficult to attribute a disability 20 years from now with something that occurred on active duty.

"Maintain accurate records of dates ad locations of treatment while on active duty,as well as private medical care received. When possible, provide copies of private treatment records.

"Be realistic in your expectation of the agency. The VA processes thousands of claims and claims processing times vary based on many factors, such as complexity of the claim, availability of records, and scheduling of physical examinations.

"VA benefit information is available from numerous sources in addition to the Department. Be sure you are receiving accurate information and question 'too good to be true' information.

"The latest information on VA benefits is only a mouse click away when you visit the VA home page at http://www.va.gov.

"Veterans should also insure that their disability claims are current. If a veteran's service-connected disability increases, the compensation should also increase."

"There are myriad fluctuating program vets can navigate over the road of VA benefits. These are, but not limited to, the following: disability compensation, pension, education and training, vocational rehabilitation, home loan guarantees, life insurance, burial benefits, benefits for survivors, dependents' education, homeless veteran programs, overseas benefits, and benefits for special groups.

Shaft Kudos
To the Department of Veterans Affairs for expanding education benefits to cover the cost of occupational certifying exams or licensure. The new benefit allows the VA to pay for such things as state bar examination required to practice law or a license qualification test for a plumber. Veterans may be reimbursed for actual examination costs up to $2,000 per test. Participants must be eligible for the Montgomery GI Bill or the Veterans' Educational Assistance Program. The benefit is also available to survivors of veterans who qualify for the Dependents Educational Assistance program.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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