Agent B Update

Well, to no one’s surprise the VA opted to adopt the first rules promulgated in the Federal Register on January 13, 2011 on Agent B.

AB will be service connected for Vietnam Vets with documented proof of “boots on the ground” between January 9th, 1961 through May 7th, 1975. The rating will be as published and limited much like Tinnitus (Diagnostic Code 6260) to a maximum of 10%.

To avoid a long process of developing a new code, it was deemed most advantageous to Vets to utilize DC 7301 (Peritoneum, adhesions of) for this as it is already available. Claims filed for this should include the words “Entitlement to presumptive exposure of Agent B” with addition of “Analogous to”. Include the Diagnostic Code, too.

http://www.law.cornell.edu/cfr/text/38/4/114

The pertinent language reads:

_______________________________

Moderate; pulling pain on attempting work or aggravated by movements of the body, or occasional episodes of colic pain, nausea, constipation (perhaps alternating with diarrhea) or abdominal distension——————————————————-10%

There is an important distinction in here as this is not conjunctive or phrased with an “and”. Either set of symptoms is considered as being presumptive automatically. Abdominal distension will qualify as a stand-alone symptom for compensation purposes, assuming the winky test is met or exceeded. VA will send out for a C&P exam to confirm those findings.

Granted, 10% is not a large remuneration for this disease, but I’m sure it is certainly welcome to all who will qualify for it. VA indicated they will be setting up the link to their site soon, but they are trying to tie it in to the Ebenefits Network. We know how long that may take. The assigned link will be:

speedupmyclaim@va.org

Veterans are urged to file this on VONAPP in the meantime to avoid delay for an effective date of claim. VA has stressed they can only pay this to the date of filing. There will be no earlier effective date than the day of receipt at VARO mailrooms. This claim is planned to “FASTTRACK” and will be sent to Tiger Teams in other cities who are not backlogged if necessary. Turnaround time is expected to be 6 or 7 months from filing to direct deposit.

To see the original post concerning Agent B click this link:

https://asknod.wordpress.com/2011/09/30/rvn-vets-and-agent-bpresumptive/