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In its biennial report, the National Academy of Sciences concluded that Agent Orange and dioxin are associated with the incurrence of type 2 (adult onset) diabetes. Why is this important? The VA plans to add Type 2 diabetes to the list of diseases known to be caused by exposure to dioxin. As a result, Type 2 diabetes will become presumptively service-connected for Vietnam veterans as soon as the VA complies with the law on administrative rulemaking . File your claim as soon as possible. Vietnam veterans with type 2 diabetes should file their claims with the VA, stating that they were in Vietnam and have type 2 diabetes. Claims may not be processed until after the "rulemaking" is done, but filing early helps get an earlier effective date for disability compensation. Collect Info Once your claim is filed , collect whatever information you have about your service in Vietnam as well as medical information about your condition (diabetes), and submit it to the VA. Remember, under the Veterans Claims Assistance Act, you must submit medical evidence of your current condition before the VA is required to "assist" you. Following passage of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act of 1984 (the "Dioxin Act"), the VA agreed that it would presume that your Vietnam service exposed you to Agent Orange and other herbicides if you met these conditions: Duty in or visitation to Vietnam; Active military service in the Republic of Vietnam or the waters offshore; and Service in Vietnam from Jan. 9, 1962, through May 7, 1975. Initially, the VA said that only chloracne, a skin disease, was presumptively service-connected to Agent Orange . However, after a complex lawsuit (Nehmer v. VA, discussed in an earlier column, "Attention Vietnam Vets"), the VA began granting service-connection to diseases caused by exposure to Agent Orange. The VA contracted with the National Academy of Sciences (NAS) in the early 1990s to conduct medical studies on the effects of Agent Orange, and NAS was required to report on their findings every two years. The NAS initially reported that a number of diseases were connected to dioxin, so the VA incorporated these diseases into its regulations as presumptively service-connected unless there was "affirmative evidence to the contrary." (See 38 Code of Federal Regulations 3.313; 3.309(e); 3.307(a)(6), 3.307(d). You can find these regulations at your library or at www.access.gpo.gov/. In 1998, the NAS reported that studies conducted on type 2 diabetes were of "insufficient quality, consistency , or statistical power to permit a conclusion" to be drawn about an association between dioxin and the disease. The National Institute of Occupational Safety and Health later reported that it found "an association" between dioxin and type 2 diabetes, although "not a strong association." The October 2000 report from the NAS stated that "[T]here is limited/suggestive evidence of an association between exposure to the herbicides used in Vietnam or the contaminant dioxin and Type 2 diabetes ." Acting VA Secretary Hershel Gober then found that there was a positive association between exposure to herbicides used in Vietnam during the Vietnam era and type 2 diabetes. VA Notice The VA is now incorporating this finding into 38 CFR 3.309(e) by "rulemaking" (the formal process necessary to publish an amended CFR). The VA Notice states: "There are no feasible alternatives to this proposed rule, since the Agent Orange Act of 1991 requires the secretary to promulgate [this rule] once he finds the positive association described above ." It will only be a brief time before type 2 diabetes is formally added to the list of diseases found in 38 CFR. It's about time. John E. Howell, a veterans ' advocate attorney in Washington, D.C., can be reached at Jhowell @sperdutolaw .com . C opyright © 1999-2000 Stars and Stripes Omnimedia, Inc. All rights reserved. Stars and Stripes - The National Tribune is a trademark of Stars and Stripes Omnimedia , Inc.,and is separate and distinct from publication under the same name as published by the Department of Defense. |
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