VA Lettter CR & Gulf War

[thedrifter]

***********
January 17, 2003

In Reply Refer To: 211

Director (00/21) Fast Letter 03-03

All VA Regional Offices and Centers

SUBJ: Approved language for responses to inquiries regarding Combat
Related Special Compensation and compensation for exposure to sarin gas

1. We have begun to receive inquiries from veterans and other interested
persons regarding the Combat Related Special Compensation (CRSC) authorized
in the Defense Authorization Bill for 2003. We have also received letters
requesting that VA consider presumptive service connection for exposure to
sarin gas for those veterans who served in the Gulf War.

2. Attached are the letters approved by the Under Secretary for Benefits
for your use in responding to such inquiries. Please ensure that only these
letters are used at your station when you respond to such inquires.

/S/

Ronald J.
Henke, Director
Compensation and
Pension Service

Attachments

DRAFT LANGUAGE

RESPONSES TO COMBAT RELATED
SPECIAL COMPENSATION INQUIRIES

Optional Opening Paragraph 1.

Thank you for your inquiry on behalf of (name of veteran) regarding his/her
entitlement to Combat Related Special Compensation (CRSC) authorized in the
Defense Authorization Bill for 2003.

Optional Opening Paragraph 2.

Thank you for your letter about your possible entitlement to Combat Related
Special Compensation (CRSC) as authorized by the Defense Authorization Bill
of 2003.

General Paragraphs
The Defense Authorization Act of 2003 created a new benefit for certain
military retirees who leave the service after at least 20 years of service
creditable toward retirement and who have a disability.

The legislation requires, under certain conditions, that the Department of
Defense (DoD) restore some or all of a retiree's retired pay that has been
waived to receive disability compensation from the Department of Veterans
Affairs (VA). In order to be eligible the service member must either 1)
have been awarded a purple heart and have a disability rated at least 10%
disabling by VA; or 2) have a disability rated at least 60% disabling by VA
that was incurred as a direct result of combat or hazardous duty, under
circumstances "simulating combat," or as a result of an "instrumentality of
war."

To receive this benefit, assuming eligibility requirements are met, will
require an application to DoD. The rules and the processes to implement
this program are being developed by DoD. Until its rules and procedures are
decided, there is very little information we can provide to retirees other
than what is stated in the law.

Combat Related Special Compensation (CRSC) is a DoD program by law. VA does
not determine eligibility or make any payments. DoD is charged with
establishing the rules for eligibility and making the payments. VA's role
in this program is one of full support. We are working closely with DoD to
provide them with any information they need in order to serve veterans in
the most efficient and effective way possible and we will also provide
information to the veteran

once available and when requested. If a retiree disagrees with a decision
regarding entitlement to or the amount of CRSC, DoD will handle this
disagreement.

We fully expect that by early May, DoD will publish information and make
applications available for potentially eligible veterans.

Closing Paragraph
(You or The veteran) should look for announcements by DoD on this program.
If you have questions about your VA disability claim or think your condition
has worsened, please contact the regional office in your area at
1-800-827-1000.

2.

Dear Veteran or Veteran Supporter:

The Secretary has asked that I answer your e-mail regarding establishment of
exposure to low level sarin as a "presumptive" condition for entitlement to
VA disability compensation benefits.

As you are aware, disability benefits cannot be paid based solely on
exposure to any substance or gas. Payment of disability compensation is
based on the disease or disability resulting from such exposure. That is by
law. For example, we established several diseases that are presumed to have
been caused or exacerbated by Agent Orange exposure for veterans who served
in Viet Nam. But it is always the presence of a disease or disability that
is the basis for a claim, not the exposure itself.

In 2000 the Institute of Medicine (IOM) of the National Academy of Sciences,
at the specific request of the Department of Veterans Affairs, undertook a
review of the possible long-term effects of exposure to the low levels of
sarin that the Department of Defense indicates might have occurred at
Khamisiyah after the Gulf War. As a result of that review, the Academy did
not identify any known adverse consequences.

The Department of Veterans Affairs is very interested in the recent studies
about sarin's effects in animals. The Secretary is asking the IOM to take a
new look based on the recent research; to reevaluate their initial findings;
and to advise us of their conclusions.

While that research goes on, VA stands ready to assist Gulf War veterans on
the healthcare, benefit, and research fronts. VA continues to offer the
highest quality health care to all Gulf War veterans, regardless of what
caused their illness. VA health care is provided under a special authority
to all Gulf War veterans who were potentially exposed to environmental
hazards while serving in the Gulf.

There are 572,342 living veterans who served in the Gulf War from August 1,
1990 to July 31, 1991. As of November 1, 2002, VA is paying benefits to
116,559 (or 20.4%) of these veterans based upon a variety of disabilities
related to their entire period of active duty. An additional 47,430 (or
8.3%) of these veterans have disabilities determined to be related to their
service, but are not receiving monetary benefits from VA because their
disabilities are rated at 0% or they have not waived their military retired
pay to receive VA compensation.

Since 1994 VA has had authority to grant service connection to Gulf War
veterans for certain ill-defined or undiagnosed illnesses. This means that
veterans may be granted compensation if they are suffering from symptoms of
a disability, possibly due to an unknown exposure in the Gulf, that
physicians cannot diagnose.

While the pace of scientific discovery can sometimes be frustratingly slow,
the research is essential to understanding the consequences of any hazards
experienced by American men and women in the Gulf - and those that they may
experience in the future. VA is committed to this research. We continue to
fund a considerable number of related research projects. VA has committed
up to $20 million dollars in the next fiscal year for Gulf War research.

Finally, last year VA created a Federal Advisory Committee to independently
review research and make recommendations to ensure that the projects we fund
represent the interests of the veterans as well as the best possible
science. The committee's membership includes both scientists and veterans.

Thank you for giving us this opportunity to tell you what VA is doing in
this sensitive area.

Daniel L. Cooper
Under Secretary for Benefits


United We Stand
God Bless America

Remember our POW/MIA's
I'll never forget!


Sempers,

Roger

[wrbones]

Where'd you find that?

[thedrifter]

I get it from a club that I'm in that gets all their info from the VA...

Sempers,

Roger

[CAS3]

OK once again...correction..
If any veteran suffers from Agent Orange or herbacide exposure related illnesses, please contact a service organization. There is a list of the disabilities related to this. If need be, call me at 202-565-5708.
The DVA has been able to assist all vets who suffer from these disabilities.

[thedrifter]

Thanks Cas...........

Sempers,

Roger

[firstsgtmike]

I don't have anything to do with the VA,

HOWEVER: If I did, I would get on CAS3's buddy list. I would contact her with full particulars on my situation. I would ask for her advice, and then TAKE IT!

I think those here have a golden opportunity, and if you don't take advantage of it, don't come crying back later.

NOW, if I could find someone in the State Dept. Americans living overseas have been issued a guidebook on how to get ready for possible evacuation. No one can answer how we get our non-citizen wives and children out.

Of my five "children" two are non-US citizens, as is my wife. And if anyone thinks I would leave them behind to save MY ass, they better check on the definition of a Marine.