VA Dental Treatment And Agent Orange

Most Vietnam veterans were exposed to Agent Orange in some form.
I had rashes on my upper arms for years after returning from Vietnam,
and for years I wore long sleeve shirts to cover the rashes. It was probably
some form of Chloracne, and it did finally go away.

A Question From The Latest S-2 Report Newsletter

My friend is a temporary 100% from the VA for Agent Orange related cancer. The treatments have caused problems with his teeth according to a civilian doctor, but the VA won’t treat him because temporary 100% veterans do not rate dental treatment. What can he do?

  This is from the Code of Federal Regulations. He should be entitled under section g below. The problem is an outside doctor diagnosed the problem as caused by his treatment. If this is a doctor the VA sent him to, it's not a problem, but if it's a civilian, he would have to go through a service organization and request a determination from the VA and I would also file for unemployability.

  It is a Catch 22 because they may try to wait him out like they do with most people, and he obviously doesn't have the time while in treatment. As it turned out, a VA doctor also diagnosed the dental problem as being related to the service-connected cancer treatment. I would file the claim for dental treatment and unemployability because of a service-connected condition.

   He could also go to the VA outpatient clinic and tell them he is in pain from his teeth due to his cancer treatments. If they diagnose it right there he should be eligible right away. I would try this first. Now, since I’ve learned that VA doctors are involved, the VA is for sure violating their own laws. But as in many cases, adjudicators are willing to wait a veteran out to save money.

  The seriously ill veteran or his spouse or representative should  make sure  he signs all paperwork relevant to the claim. If he dies from the service-connected condition, this is no problem because his spouse or dependent children will be able to keep the claim open.. If he dies from a condition not yet service-connected or not yet proven to be secondary to the service-connected condition, this can be a problem if the paperwork is not signed.

Authority: 38 U.S.C. 1712)
(g) Class III. Those having a dental condition professionally determined to be aggravating disability from an associated service-connected condition or disability may be authorized dental treatment for only those dental conditions which, in sound professional judgment, are having a direct and material detrimental effect upon the associated basic condition or disability.

(h) Class IV. Those whose service-connected disabilities are rated at 100% by schedular evaluation or who are entitled to the 100% rate by reason of individual unemployability may be authorized any needed dental treatment.

  Veterans and their reps and family members must treat the VA as an adversary during the claim process. The VA often says the claim process is not adversarial, but it is and they will turn a veteran down or stall the claim when possible.

  I don’t know why people like the blind Chinese guy several months back can be brought to this country and instantly given food, housing, and money for his entire family because they are persecuted by their government...but veterans who lay their life on the line for this country are treated like unwanted guests when they have  a physical injury.

  I truly believe the VA has many dedicated employees at the medical centers who do everything they can for veterans. My problem has always been with the adjudication system, which is only going to get worse. The White House always strips funding from the VA one way or another, and there is no way any claim should take over 800 days, especially when a veteran is critical.

(The S-2 Report Newsletter has been printed bi-monthly since 1994 to help veterans deal with the VA. If you would like more info about the newsletter contact Dennis Latham at ysgazelle@gmail.com)


Dennis Latham Books