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  How family members and caregivers can help with Veterans’ appeals
Posted by: Redleg - 02-24-2022, 10:56 PM - Forum: Hot Off the Press - No Replies

Family members and caregivers play a vital role in supporting their service member, and that support and care continues once a service member reaches Veteran status. While many think this only involves physical/mental care and support, family members and caregivers can also assist their Veterans through the claims and appeals processes by providing invaluable evidence and insight.

(Primer: What is VA compensation? Who is eligible? To receive monthly compensation for a disability or illness caused by or incurred during active service, a Veteran submits a “claim” with their evidence to VA. If a Veteran disagrees with the decision VA makes on the claim, the Veteran has the option to “appeal” the decision to the Board of Veterans’ Appeals. In both processes, the evidence requirements are the same.)

Family members and caregivers have a front row seat to see how service-connected disabilities impact not only the Veteran’s life, but the lives of those around them. Maybe you received letters from the Veteran while they were on active duty that described some of the experiences they were having. Maybe you saw their behavior change as a result of what they experienced. Don’t discount your interactions or memories – they may be beneficial as evidence if your Veteran appeals a claim decision.

Your recollections can provide significant information to the Veterans Law Judges (VLJs) at the Board of Veterans’ Appeals (Board) to help them better understand what the Veteran has gone through, and how what they are experiencing is affecting their everyday life. This type of evidence may be submitted through a statement of support or recollection, and is known as “lay evidence.”

If your Veteran disagrees with the decision VA made on a claim, and wishes to submit an appeal, you can assist your Veteran by including these lay statements when submitting the appeal.

Remember, you don’t have to be a doctor or healthcare professional to submit a statement in support of a Veteran. Lay evidence is very important for VLJs to fully understand how a Veteran is experiencing daily life, and family members and caregivers can often talk about the changes and impacts easier than the Veteran can. The Board recommends reaching out to your Veteran’s representative to ask about submitting lay evidence in support of your Veteran’s appeal.

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  VA pauses debt collections through Sept. 30
Posted by: Redleg - 02-24-2022, 10:54 PM - Forum: Hot Off the Press - No Replies

WASHINGTON – The Department of Veterans Affairs said Thursday it would pause debt collections again after billing restarted in January.

This time, debt collections will be stalled through Sept. 30 to provide veterans with financial relief during the coronavirus pandemic. The decision affects about 2 million veterans who owe medical copayments or benefit overpayments.

“My top priority right now is to do everything in our power to help veterans, caregivers and their families get through this challenging COVID-19 pandemic,” VA Secretary Denis McDonough said in a statement. “VA will continue to find ways to provide real relief to 2 million veterans and their families as we fight through this health crisis together.”

The department said it would contact veterans to notify them about debts and inform them of their options, which include suspending payments or extending repayment plans.

Debt collection was stalled for nine months before billing restarted Jan. 1. Two days after his inauguration, President Joe Biden signed an executive order that asked the VA to consider pausing federal collections on overpayments and debts.

At the start of February – before McDonough was confirmed as secretary – the department said it was “exploring options” to pause collections again.

Several lawmakers had called on the VA to reinstate the pause. Last year, Rep. Chris Pappas, D-N.H., introduced legislation to halt billing until the federal emergency declaration was lifted. Pappas and Rep. Mark Takano, D-Calif., chairman of the House Committee on Veterans’ Affairs, applauded McDonough’s decision Thursday.

“As veterans across the country continue to suffer from the severe economic consequences of this pandemic, the last thing they need is a call from a debt collector,” Pappas said in a statement. “In addition to dealing with COVID-19, all too often our veterans also face unexpected debt collection from the VA, sometimes due to overpayments through no fault of their own. That is why I have been fighting for a suspension of VA debt collection for the duration of this crisis.”

The VA suggests that any veteran with questions about benefit overpayments call 800-827-0648 for more information. For veterans with questions about medical copayment debt, contact the Health Resource Center at 866-400-1238.

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  Water near Arizona Air Force Base Is Tainted in Latest Case
Posted by: Redleg - 02-24-2022, 10:53 PM - Forum: Hot Off the Press - No Replies

The U.S. Air Force says it will be distributing bottled water to thousands of residents and business owners near its base in suburban Phoenix until at least April, marking the latest case of chemicals from military firefighting efforts contaminating the water supply in a nearby community.

Luke Air Force Base announced this month that studies showed high levels of contaminants had affected drinking water for about 6,000 people in roughly 1,600 homes as well as a few neighboring businesses.

A contractor is scheduling deliveries of drinking water to the homes of people who picked up their first bottles this week, said Sean Clements, chief of public affairs for the 56th Fighter Wing at the base. Those deliveries will go on until a long-term filtration facility can be set up in April, Clements said Thursday.

The base has recommended people use bottled water for drinking and cooking but deemed tap water safe for bathing and laundry.

Similar contamination tied to the use of firefighting foam has been found in water supplies near dozens of military sites in Arizona, Colorado and other states and has triggered hundreds of lawsuits. Growing evidence that it's dangerous to be exposed to the chemicals found in the foam has prompted the U.S. Environmental Protection Agency to consider setting a maximum level for those chemicals in drinking water nationwide.

But they aren’t regulated now, meaning the base can't be punished even though the EPA says the chemicals stay in the body for long periods and may cause adverse health effects.

The Arizona Corporation Commission, which regulates utilities, is scheduling an emergency meeting next week with five water companies to discuss concerns about the contamination, said Caroline Oppleman, spokeswoman for the Arizona Department of Environmental Quality.

Oppleman said her agency is working with the base, regulators and federal and local officials to ensure actions are taken to ensure healthy drinking water for residents.

A statement from Luke Air Force Base last week said testing had detected levels of perfluorooctanoic acid and perfluorooctane sulfonate above the EPA’s health advisory for how much should be consumed in drinking water over a person's lifetime.

The so-called forever chemicals from a class known collectively as PFAS were found during tests of water from Valley Utilities Water Co. The compounds are used in many industrial and consumer products and in foam used by commercial industries and the armed services to extinguish fuel fires.

The company said its water meets all EPA and Arizona drinking water standards and that no treatment is required because PFAS are not regulated by federal or state environmental agencies. Chief Financial Officer Bryan Thomas said the utility nevertheless is working with the base on “additional sampling and potential water treatment options.”

Brig. Gen. Gregory Kreuder, commander of Luke Air Force Base, said a study showed the chemicals may have affected “supply wells that provide drinking water” to properties nearby.

“We share community concerns about the potential impact of these compounds on drinking water,” he said.

The contamination problem is well known in neighboring New Mexico, where chemicals from several bases have seeped into local water supplies.

The state sued the U.S. Air Force in 2019 over groundwater contamination at Cannon and Holloman air bases, saying the federal government has a responsibility to clean up plumes of toxic chemicals left behind by past military firefighting activities.

In court documents, the state describes the contamination detected at the bases as shocking, saying it migrated into public and private wells that provide drinking water and livestock and irrigation water to surrounding communities.

New Mexico said its dairy industry has been affected as well as residential and commercial property values.

This year, the state challenged a federal court's decision to combine its lawsuit over contamination at Air Force bases with similar litigation brought by hundreds of other jurisdictions nationwide.

The New Mexico attorney general’s office and state Environment Department argue the decision to centralize the claims violated the state’s sovereignty and could lead to extreme delays that further endanger public health and the environment.

The U.S. Air Force Academy in 2019 said unsafe levels of PFAS chemicals were found in groundwater at four sites on its Colorado Springs campus, south of Denver. The chemicals also have been discovered around the Peterson Air Force Base in Colorado Springs.

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  How to plan your legacy with the VA Survivors and Burial Benefits kit
Posted by: Redleg - 02-24-2022, 10:52 PM - Forum: Hot Off the Press - No Replies

After the passing of a loved one who has served this country, many survivors do not know what to do or where to begin to obtain VA assistance. VA has prepared a Survivors and Burial Benefits kit to help guide Veterans, service members and their families after the loss of a loved one.

The VA Survivors and Burial Benefits Kit gives a description of each burial benefit, instructions on how to apply, and where to go to get assistance.

The Planning Your Legacy: VA Survivors and Burial Benefits Kit covers:

Pre-need eligibility for National Cemetery burial or memorialization
Memorial or burial flags
Government headstones or markers
Medallions
Presidential Memorial Certificates (PMC)
Burial benefits and burial automatic payments
Dependency and Indemnity Compensation (DIC)
Dependents’ Educational Assistance Program (DEA)
Marine Gunnery Sergeant John David Fry Scholarship
Survivors pension
Special monthly pension benefits
The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMP-VA)
Home loan guaranty
Veterans Month of Death benefits
VA life insurance

Other features include tips on how to fill out applications with examples of completed forms. These tips examples give applicants a better understanding of how to properly fill out applications.

VA encourages Veterans and service members to discuss their military service with their dependents, as well as planning their legacy. Families and survivors should know where to locate service medical records, discharge documents, VA disability ratings, and other information. These details will be beneficial to survivors as they prepare to apply for VA benefits. Families and survivors should keep this kit in storage so that it will be available when needed. The kit is available for download here https://azpso.com/wp-content/uploads/202...orsKit.pdf

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  Toxic Wounds Registries
Posted by: Redleg - 02-24-2022, 10:51 PM - Forum: Hot Off the Press - No Replies

Veterans Affairs Committees Asked to Submit Legislation

“From Vietnam to the present-day, members of the U.S. military have been exposed to toxic elements, at home and
abroad, that have killed more people than our enemies,” said John Rowan, National President, Vietnam Veterans of
America (VVA), in testimony 4 MAR before the Joint Session of House and Senate Veterans Affairs Committees.
“What has made the situation more disgraceful,” noted Rowan, “is our government hid the negative aspects of these
toxic substances from everyone serving in these areas and fought their claims with the VA for many years.” “Toxic
exposures, not only to Agent Orange, remain our prime concern,” noted Rowan. “We are seeking champions in
Congress to introduce and enact the Toxic Wounds Registries Act of 2021.
Toxic Wounds registries would enable epidemiological research by linking, in Electronic Health Records, a
veteran’s military history by encoding their location and time of service. VA techs would be able to access the
appropriate registry to locate others with whom they served. We call on Congress to ensure this capability is built into
the VA’s IT system,” said Rowan. This legislation would authorize the VA Secretary to enter into an agreement with
the National Academy of Medicine to review peer-reviewed scientific research, and it would require those conclusions
to inform the Secretary’s selection of research to be conducted and/or funded by the VA. It would also establish a
presumption of service connection for benefits and healthcare. This legislation would direct the Secretary of Veterans
Affairs to establish a master registry that would incorporate registries for:
 Exposure to Agent Orange during and in the aftermath of the Vietnam War;
 Exposure to toxicants relating to deployment during the 1991 Persian Gulf War;
 Exposure to toxicants from a deployment during Operations Enduring Freedom, Iraqi Freedom and New
Dawn, and the Global War on Terror;
 Exposure to toxicants during a deployment to Bosnia, Somalia, or the Philippines; and
 Exposure to toxicants while stationed at a military installation contaminated by toxic substances overseas
and/or here in CONUS.
“It is our hope that this legislation will ensure that our most recent veterans will not have to wait 50 years for
answers,” said Rowan. “We will continue our battle for justice on behalf of all veterans who are suffering ill health
effects due to military toxic exposure and for their children and grandchildren--our fellow veterans whose health has 8
been impacted by their service, for our younger brothers and sisters, the veterans of the Gulf War and those who served
Post-911.” [Source: VVA Press Release | March 4, 2021 ++]

(emphasis added)

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  Claim for Standard Government Headstone or Marker and Claim for Government Medallion
Posted by: Redleg - 02-24-2022, 10:50 PM - Forum: Hot Off the Press - No Replies

The National Cemetery Administration (NCA) updated its current VA Form
40–1330 and VA Form 40–1330M. The original VA Form 40–1330 and 40–1330M is
a request for a Government-furnished headstone or marker, or medallion,
respectively.
 The updates include the following:
 Information about the Presidential Memorial Certificate (PMC) Program and the
option to receive a PMC in addition to the headstone, marker or medallion,
consistent with 38 U.S.C. 112.  Changes in eligibility for a medallion, consistent with 38 U.S.C. § 2306(d)(4)(A).
 Addition of race, ethnicity, gender identify, and age demographic information for
VA’s statistical purposes (see item 11), consistent with PL 103-446, Section 509,
Center for Minority Veterans and Center for Women Veterans.
 Addition of new emblems of belief consistent with 38 U.S.C. § 2306© and 38 CFR
§§ 38.630(b) and 38.632(b)(2).
 Update parenthetical in Block 12 to (OPTIONAL, BUT IF INCLUDED, NO PAY
GRADES)
 Update parenthetical in Block 14 to (OPTIONAL, BUT IF INCLUDED PROVIDE
DOCUMENTATION)
 Update parenthetical in Block 16 to (OPTIONAL, BUT IF PROVIDED CHECK ALL
APPLICABLE BOXES)
 Addition of statement in the Transportation and Delivery of Marker section for
consignee to inspect the headstone or marker for accuracy prior to installation.
 Addition of information and picture of new small flat granite marker, consistent with
38 U.S.C. 2306© and 38 CFR 38.630(a).
Upon appropriate approval, the VA Web site will display the updated version of the VA
Form 40-1330 and VA Form 1330M for public use.


This will take effect in 60 days after time has run for public comment, so around May 20th the new forms should be active

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  Senators reintroduce bill to reform VA support for veterans with toxic exposure
Posted by: Redleg - 02-24-2022, 10:49 PM - Forum: Hot Off the Press - No Replies

Sens. Thom Tillis and Maggie Hassan have reintroduced a bill to reform how veterans exposed to toxins receive health care and benefits and requires the use of new scientific evidence to establish whether some health problems are connected to toxic exposures.

The Toxic Exposure in the American Military, or TEAM, Act improves access to health care by providing consultation and testing through the Department of Veterans Affairs for eligible veterans exposed to toxic substances, expanding training on toxic exposure issues for VA health care and benefits personnel, and by requiring VA to develop a questionnaire for primary care appointments to help determine whether a veteran might have been exposed to toxic substances during service. It was first introduced in 2020.

“It's just that we ran out of time at the end of the Congress,” said Tillis, a Republican from North Carolina. “There was another component that [had] differing opinions on the House side about what the priorities needed to be, so we've spent the intervening time to really try to get everyone to coalesce around some of the key tenants of the TEAM Act and I think we're making good progress on the House.”

Speaking together Tuesday to announce the reintroduction of the bill, Hassan and Tillis said the impacts go beyond veterans of a specific conflict or generation and includes those exposed to toxins while serving in the United States. They were joined on the call by seven veteran service organizations, many of which noted the importance of the bill to post-9/11 veterans exposed to toxic pits of burning trash while deployed to Iraq, Afghanistan and other countries associated with the Global War on Terror.

More than 30 groups support the bill in its current form, Tillis said.

Aleks Morosky, government affairs specialist for the Wounded Warrior Project, said the breadth of veterans impacted is what is “groundbreaking” about this bill.

“It would finally provide health-care eligibility and put that process in place for VA to respond to the scientific data for all veterans of all areas who were exposed foreign and domestic, regardless of era location, now and in the future,” he said. “Veterans who have already been exposed will be covered, but we can also ensure that the next generation of veterans aren't starting from square one anymore.”

The TEAM Act also requires VA to respond to new scientific evidence regarding diseases associated with toxic exposure within an established time, establishes a scientific commission to research the health effects of toxic exposure in veterans and report the commission’s findings to the VA and Congress, and ensures VA enters into agreements with the National Academies of Sciences, Engineering, and Medicine to conduct scientific studies regarding associations between diseases and exposure to toxic substances during military service.

“It's critically important that we bring the best science we can to establish these connections. Obviously individual veterans would have a really difficult time doing this, but the [VA] and the scientific community can come together and do that,” said Hassan, a Democrat from New Hampshire. “Once the connection is established, because the TEAM Act would also ensure that the VA keeps track of who was stationed where and what kind of exposures they may have had, it will help develop an expertise within the VA for treatment.”

Hassan and Tillis are members of the Senate Veterans’ Affairs Committee. Also sponsoring the bill are Sens. Jerry Moran, R-Kan., Amy Klobuchar, D-Minn., Marsha Blackburn, R-Tenn., and Tammy Baldwin, D-Wis.

“Veterans who are experiencing negative health effects of toxic exposures need to be able to rely on VA for answers and a Congress that is attentive to their needs,” Moran said in a statement. “I am committed to working with my colleagues to make certain veterans who experience negative health consequences following exposure to dangerous chemicals where they were living and working while serving have access to an enduring framework, supported by science, to identify, research and address cases of toxic exposure in a timely manner.”

As debate and discussions begin for the bill, Tillis said he anticipates some additional amendments and provisions will be attached, but the veterans organizations are needed to help support the bill in both parties.

“I believe in the last administration, the real question was making sure that when we provide all of the authorities under the TEAM Act is that we also make sure that it's properly funded,” Tillis said. ‘That's what we'll continue to work on with our colleagues in the Senate and the House.”

Once it’s through, he said he has “high expectations” that President Joe Biden will sign it into law.

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  VA will start vaccinating veterans, spouses and caregivers May 1
Posted by: Redleg - 02-24-2022, 10:48 PM - Forum: Hot Off the Press - No Replies

WASHINGTON — The Department of Veterans Affairs will begin vaccinating an expanded population of veterans, spouses and caregivers May 1, the VA secretary said Thursday.

A bill signed into law on Wednesday requires the department to offer vaccines to all veterans, regardless of whether they’re eligible for VA health care, as well as their spouses and caregivers. VA Secretary Denis McDonough told lawmakers Thursday that vaccines should be widely available to that group starting in May. He attributed the delay to a lack of vaccine doses.

“The longest pole in this tent is supply,” McDonough said. “We’re consuming the supply as soon as we get it.”

The Saves Lives Act grew the population that the VA is responsible for vaccinating from about 9 million to 33 million. The department will need an increase of about 400,000 doses each week to vaccinate everyone.

As of Thursday, the department had fully vaccinated 1.6 million people, prioritizing 6 million veterans who actively use VA health care.

In addition to getting more doses, the VA must establish a system to report the vaccinations to the Centers for Disease Control and Prevention. That process is straightforward when the VA reports veterans in its system, but the VA needs to “build the capacity” for the expanded population, he said. The department is also working on an outreach strategy for the newly eligible people.

The nationwide rollout isn’t likely until May, but some veterans who aren’t enrolled into the VA were able to schedule appointments Thursday because of the availability of vaccines in their areas, McDonough said.

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  VA scrambles to schedule backlogged compensation and pension exams
Posted by: Redleg - 02-24-2022, 10:48 PM - Forum: Hot Off the Press - No Replies

WASHINGTON – Hundreds of thousands of veterans are waiting for their earned benefits because of a backlog of compensation and pension exam requests that grew during the coronavirus pandemic.

The exams are a crucial part of the process to determine whether veterans are eligible for Department of Veterans Affairs benefits. The department suspended the exams in April 2020, as coronavirus cases spread across the United States, and during that time about 200,000 requests accumulated, said David McLenachen, executive director of the VA’s medical disability examination office.

McLenachen testified about the issue Tuesday before a subcommittee of the House Committee on Veterans’ Affairs. As of then, there were 352,000 pending exams – 212,000 above normal, pre-pandemic levels, he said.

The VA is scrambling to eradicate the backlog of appointments by the end of the fiscal year Sept. 30, but lawmakers and veterans’ advocates remain skeptical of the agency’s ability to achieve that goal.

The department needs to complete about 40,000 exams each week to erase the backlog, but it’s currently performing only 32,000, said Rep. Troy Nehls, R-Texas.

“I am worried, truly worried, that if the VA continues to operate under the status quo, the VA will not reach its goal of addressing the exam inventory by the end of the fiscal year,” Nehls said. “And I am not alone in my concerns.”

Veterans’ service organizations, as well as the Government Accountability Office and VA Office of Inspector General, told lawmakers that the VA needed a better plan.

The pandemic hit while the VA was in the process of eliminating its in-house compensation and pension program and shifting the exams to private contractors. The VA sent an email to its staff Oct. 21, saying compensation and pension examinations were “no longer conducted” by the department. The email directed employees to stop contacting VA hospitals and clinics about performing the examinations.

The VA is lax with its oversight of the contractors, said Elizabeth Curda, a director with the Government Accountability Office. Over the past year, contractors have taken on more complex cases, such as exams for traumatic brain injury, military sexual trauma and Gulf War Illness, which used to be handled by the VA. The shift in responsibility has led to more errors in exam reports, Curda said.

“The VA has not fully applied sound planning practices in transferring exams from the [Veterans Health Administration] to contractors,” she said. “They’ve not identified goals, established a strategy, timelines or a risk assessment.”

Toby Matthew, chief officer in the VA’s office of disability and medical health, said that 300 health care workers were moved from compensation and pension examinations at the start of the pandemic to help with treatment of coronavirus patients. Matthew is searching for workers who could be reassigned to help with the backlog of exams, he said.

Representatives from Disabled American Veterans and the Veterans of Foreign Wars voiced concerns about an influx of new exam requests that are likely to hit the VA because of a bill approved by Congress last year. Under the bill, three illnesses – bladder cancer, hypothyroidism and Parkinson’s-like symptoms – were added to the list of conditions believed to be caused by exposure to Agent Orange during the Vietnam War. The additions make tens of thousands of veterans newly eligible for VA benefits.

“If left unchecked … VA’s backlog will reach critical mass similar to that in 2013,” said Shane Liermann, with Disabled American Veterans. “Veterans need VA to be prepared with a plan for the future, and action must be taken now.”

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  Vet Benefits Legislation Did You Know
Posted by: Redleg - 02-24-2022, 10:47 PM - Forum: Hot Off the Press - No Replies

Each year over 300 bills are submitted in Congress that are related to various veteran benefits. After many
committee meetings, rewrites and compromises only a hand full are approved and sent to the President to
sign. Most don’t impact the general veteran population e.g. naming a National Highway stretch after a
Medal of Honor recipient or issuing a postage stamp about a famous World War II battle. But some have
major impact. The recent Blue Water Navy Veterans Act comes to mind. Passed into law last January, it
has generated over 500 million dollars in VA compensation benefits to those Navy vets who served off
the coast of Vietnam and the DMZ in Korea (12 miles) during the Nam War, and were exposed to Agent
Orange.
HR 7105 was recently signed into law as part of the NDAA and is hundreds of pages long. Many are
not aware of certain provisions of that legislation.
 Veterans will once again be able to submit Disability Benefit Questionnaires from PRIVATE
Doctors to support their claims for service-connected compensation. The VA had banned that for
a while.
 The Vietnam War Era has been extended back to 11/1/55, which means certain peacetime veterans
who served from that date up to 1961 may now be able to qualify for Non-Service Connected
pension.
 Vocational Rehabilitation benefits for disabled vets used to have a 12 year limit of use after the
VA rating. For those disabled vets who were discharged after 1/1/13, they will now have no time
limit.
 Child care for veterans who use the VA hospitals or clinics will now be available.
 Widows and widowers who’s spouse died of their service-connected condition, etc. can now
remarry at age 55 and still keep their DIC benefits. The age was 57.
 Veterans filing claims for Military Sexual Trauma can choose whether they are examined by a
male or female doctor.
 Homeless programs and vouchers at the VA may be extended to those veterans who received an
“Other than Honorable” discharge.
 IMPORTANT: this law also added three new presumptive conditions to the list of Agent Orange
related problems for those who serviced in Vietnam (boots on the ground), off the coast (within
12 miles) or near the DMZ in Korea during certain dated. They are BLADDER CANCER,
HYOPTHROIDSIM AND PARKINSONISM (have symptoms but full blown Parkinson’s disease
has not yet been diagnosed. If you know of a Vietnam vet who died of any of these conditions,
and there is a surviving spouse, they may qualify for benefits.
As with any new law, the VA must first prepare regulations, then guidelines and policy mandates
before all these take effect. But if you think you may be affected by any of the above, be sure to reach out
to your VA hospital, clinic or the VA benefits department. They can be reached at 1-800-827-1000.

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