Sent: Wed, 27 Dec 2006 10:29 AM
Subject: ATTENTION ALL VETERANS WHO HAVE BEEN DENIED "HUMANITARIAN EMERGENCY DENTAL CARE" PURUSNAT TO 38CFR17.165 - YOU MAY BE ENTITLED TO COMPENSATION FOR PAIN AND SUFFERING...
Only Veterans receiving 100% Service-Connected Disability Compensation, POW's, and Veterans who have a service-connected dental injury or disease are eligible for ROUTINE and EMERGENCY DENTAL TREATMENT ON A REGULAR BASIS. HOWEVER, set forth below is the exception:
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 17--MEDICAL--Table of Contents
Sec. 17.165 Emergency outpatient dental treatment.
When outpatient emergency dental care is provided, as a humanitarian service, to individuals who have no established eligibility for outpatient dental care, the treatment will be restricted to the alleviation of pain or extreme discomfort, or the remediation of a dental condition which is determined to be endangering life or health. The provision of emergency treatment to persons found ineligible for dental care will not entitle the applicant to further dental treatment. Individuals provided emergency dental care who are found to be ineligible for such care will be billed.
(Authority: 38 U.S.C. 501)
[50 FR 14704, Apr. 15, 1985; 50 FR 21604, May 28, 1985. Redesignated at 61 FR 21966, May 13, 1996]
Myself and several other Vets I know have recently been denied such Humanitarian Emergency Dental Treatment for the circumstances as prescribed in the above Federal Law, and at least for myself, I plan on filing both a Federal tort Claim Complaint, and a Complaint in Florida State Court in violation of Florida's Vulnerable Adult Act and Criminal Medical Neglect of a Disabled Person directly against the VA employees who had authority over this issue, and asking the Court to pierce the indemnity veil of the VA employees responsible for this Criminal Acts. I went through 14-days of pain and suffering before getting help from a private dentist as I did not have the money to have my infected tooth pulled. The price in this area is $170-250 per tooth.
I will also be notifying the Democratic senate and house Veterans Affairs Committee Chairman and Members of same so that new legislation can be enacted to enforce this Federal Law to make sure Vets who need Emergency Dental Care get it and can't afford a private Dentist without delay.
SO PLEASE SEND ME YOUR "DOCUMENTED" STORY IF YOU WERE DENIED THIS EMERGENCY DENTAL TREATMENT AND I WILL PUBLISH IT AS WELL AS SEND COPIES TO THE SAID MEMBERS OF THE NEW DEMOCRATIC CONGRESS.
YOU SHOULD ALSO CONTACT AN ATTORNEY FOR ANY LAWSUITS YOU WISH TO FILE OR YOU CAN DO IT YOURSELF IF YOU HAVE THE KNOWLEDGE.
I WILL PUBLISH MY LAWSUITS ONLINE AS SOON AS THEY ARE COMPLETE.
PLEASE DULY NOTE THAT the Law does not mention anything about the Veterans Financial Status. However, the Vet can be billed the cost at a later date and therefore, does not have to pay in advance to get the treatment done. If a Vet is indigent/low income, he or she can then apply for a waiver of the Dental Fee due to financial hardship.
ALL COMMENTS WELCOME.