VA Emergency Care good news: Staab v Sec. Shulkin


Thanks to Frank’s helpful eyeballs, I have some good news to report about the veteran emergency care benefit that has been withheld since 2010. Sec. Shulkin has had a change of heart.  Last week he held that the Staab case was wrongly decided by the

 

Image: PD William Denslow, 1900 Me! Mean! Oh no. I’m a good guy.

CAVC.  On June 22, he announced that he was withdrawing his appeal (LINK).

Shulkin told Rounds that VA has completed draft regulations to implement the new emergency care benefit, sending them to the Office of Management and Budget. Draft regulations must clear OMB and be published in the Federal Register for comment before VA can begin reimbursements. That process could take nine months or more, Shulkin advised the committee last week.

Mr. Staab and his legal team deserve a big thank you.  Press release (June 16, 2017):  NVLSP Wins $2 Billion in Medical Care Benefits for Hundreds of Thousands of Veterans (LINK).  It’s hard to know if the VA will throw vets a curve ball, but NVLSP writes:

“The announcement by Secretary Shulkin indicating the VA will “voluntarily withdraw” its appeal means that the 2016 court ruling will stand.”

Stichman believes that the veteran would have to take action to file a new claim and argue that the past denial was based on “clear and unmistakable error.” Stichman believes that cases currently pending before the VA will directly benefit from the Court’s decision.

6/14/17 Veterans Affair Committee, Video–starts after 20 minutes:  https://www.veterans.senate.gov/hearings/fiscal-year-2018-budget-06142017

I’ve been watching the appeal move through the dockets with disgust so this seems like a remarkable turn of events.  We’ll see if there are any famous VA gotcha’s after the commenting period.  Links to my older posts on Staab are below.

https://asknod.org/2016/05/13/important-new-cavc-ruling-on-emergency-reimbursements-38-u-s-c-%C2%A7-1725/

https://asknod.org/2016/11/20/va-rats-fighting-emergency-care-cavc-ruling-richard-w-staab-v-robert-a-mcdonald/

 

This entry was posted in All about Veterans, CAVC Knowledge, CAVC ruling, General Messages, Guest authors, Important CAVC/COVA Ruling, Inspirational Veterans, Lawyering Up, non-va care, Uncategorized, VA BACKLOG, VA Secretaries and tagged , , , , . Bookmark the permalink.

2 Responses to VA Emergency Care good news: Staab v Sec. Shulkin

  1. Kiedove says:

    Thank you for your comment. HCVets has information about this likely transmission route in a list with links to information.

    http://hcvets.com/data/bloodmanagement/isg/toc.htm

  2. richard montalvo says:

    blockquote, div.yahoo_quoted { margin-left: 0 !important; border-left:1px #715FFA solid !important; padding-left:1ex !important; background-color:white !important; } I keep reading about. Vets with hvc I myself have hvc but I track my infection to a shot and the name is gamogoblin it was given in the army to build up your immune system. If u check it out in the cdc files  this drug is a blood bye product and this drug infected million of vets and civilians and they have proof dates back to the 50s alway to 2005  

    Sent from Yahoo Mail for iPad

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