Updated Monday Evening, August 24, 2009 - Last Friday, Veterans for Common Sense notified VA Central Office in Washington, DC about highlly unusual letters sent by the Veterans Benefits Administration (VBA) regional offices to an unknown number of veterans.  The VBA letters, dated within the past two weeks, advised veterans they had ALS – amyotrophic lateral sclerosis, a serious disease that is often fatal - when some of the veterans did not have ALS.  

VA Central Office is now investigating the incident.  And VA expects to release a response the evening of Monday, August 24.  Your understanding patience while VA reviews and responds to this incident is appreciated.

Based on the calls and e-mails to VCS, the VBA letters caused enormous grief and distress among some veterans who did not have ALS, several of whom then contacted Veterans for Common Sense.

Several of my fellow Gulf War friends died from ALS, and this issue is near and dear to my heart.  I fully understand the enormous anxiety the VBA letters may have caused veterans and their families who received the letter in error.

The first thing VBA must do is stop sending these mistaken letters.  I hope VA Central Office apologizes for the VBA letters sent to the veterans who were not diagnosed with ALS.  VBA appears to have sent the letter with the good intention of notifying veterans about a new regulation expanding disability compensation benefits to veterans diagnosed with ALS.  VBA had previously denied most ALS claims until new scientific evidence linked ALS with military service, especially among Gulf War veterans.  To learn more about VBA disability compensation for ALS, please read this September 23, 2009, VA press release.

I would ask that we direct our efforts toward working with VA Central Office so VBA will stop sending more erroneous letters and resolve the situation.  VA Central Office should apologize to veterans and their families who received incorrect information about their health.  VA staff should try to figure out how this mistake happened so it does not happen again.  Some veterans wrote and said they sought medical care and incurred expenses with private doctors after getting the letters – and VA should pay for those expenses apparently caused by VBA’s mistaken letter.  And finally, a medical professional with experience dealing with ALS patients should have read and approved VBA's letter before it went out, since the tone of the letter was rather stark, ominous, and inappropriate.

So let’s give VA Central Office a day or two to figure out how to resolve this issue.  I’m asking for calm among veterans and advocates for a few days over the weekend so VA Cenral Office can investigate the situation and respond in the best interests of our veterans and their families clearly shaken by VBA's letters.

Please share our VCS e-mail with our fellow veterans, especially Gulf War veterans and ALS mailing lists.  VCS will post additional information as it becomes available.  The text of VBA's letter about ALS appears below.

Thank you, Paul.

Paul Sullivan
Executive Director
Veterans for Common Sense

* * Veterans Benefits Administration Letter * *

August 11, 2009

Department of Veterans Affairs
[Location Redacted]

[Name and Address of Veteran Redacted]

According to records of the Department of Veterans Affairs (VA), you have a diagnosis of amyotrophic lateral sclerosis (ALS). This letter tells you about VA disability compensation benefits that may be available to you.

Service-Connected Disability Compensation for ALS

VA published a new regulation, 38 CFR 3.318, that provides the development of ALS at any time after military discharge may establish service connection for that disease if the veteran had active, continuous service of 90 days or more. Because of your diagnosis of ALS, you may be entitled to compensation from VA. There are no provisions for payment of benefits prior to September 23, 2008, which is the effective date of the regulation.

How to Apply for Disability Compensation

You can apply online (http://vabenefits.vba.va.gov/vonapp) or submit VA Form 21-526, Veterans Application for Compensation and/or Pension, to your nearest VA regional office. The form is available from VA's website (http://www.va.gov/vaforms) or by calling the toll-free number below.

If you previously applied for compensation, you can reopen your claim by submitting a written request (a new application form is not required) to the VA regional office. Be sure to include your full name, VA file number, and/or your Social Security number.

For more information or to request an application, call toll-free, 1-800-827-1000. (The Telecommunications Device for the Deaf number is 1-800-829-4833.) You may also visit VA's website (http://www.va.gov) or send an electronic inquiry (https://iris.va.gov).

Sincerely,
[Name Redacted]
VETERANS SERVICE CENTER MANAGER