The VA held a big press conference on Friday with Denis McDonough.
https://news.va.gov/press-room/va-secretary-press-conference-september-26-2024/
Some of it is relevant (I haven't gone through the whole thing so there might be more):Terrence Hayes (VA Press Secretary): I think Dan’s on the call. Over to you, Dan.
Dan Sagalyn (PBS NewsHour): Thank you, Terrence. Mr. Secretary, I have a couple of questions about the VA’s proposed rule for constrictive bronchiolitis. Can you tell me how personally involved were you in the issuing of that rule that created a new code for constrictive bronchiolitis? Were you briefed on the criteria–for what the criteria would be for the sake of establishing disability benefits?
Denis McDonough (VA Secretary): Yeah, so, you know, all of our rulemaking is published in the Federal Register under my signature, so I was very involved in it.
Dan Sagalyn (PBS NewsHour): Okay, so I was looking at the comments earlier today. There were 38 comments. Most of the comments are, you know, praise the VA for establishing a code, but they criticized the VA for the criteria for assessing benefits. The proposed rule, as you know, you know, calls for using pulmonary function tests, maximum oxygen consumption, and metabolic equivalents. So, Mr. Secretary, what do you say to the people who put in comments that say those tests are insensitive and can’t detect that condition?
Denis McDonough (VA Secretary): I say it’s awesome that they’re using the public comment period to add comments. And, you know, the way this works is when the comment period closes, then we’ll respond to those comments and we’ll use those comments to sharpen the rulemaking. And so what I say to them most profoundly is thank you.
Dan Sagalyn (PBS NewsHour): Do you have an initial reaction to their comments?
Denis McDonough (VA Secretary): No, I want to be really careful to be respectful of the process here. Dan, you and I have had an ongoing conversation about this, and the Administrative Procedures Act does lay this out quite clearly of what I can say and when I can say it, and I want to not compromise that because it’s been a long time in coming, and I want to make sure that we get it done right for those Veterans who are suffering with this. I will say that I’m really happy to see that to date the grant rate on Veterans filing on CB is north of 75%. That’s positive, but we want to make sure that we get this in a position to get every Veteran the access and the benefits that they have earned.
Dan Sagalyn (PBS NewsHour): I’m sorry, when you say north of 75%, explain that. I don’t understand that.
Denis McDonough (VA Secretary): Veterans who are filing claims on constrictive bronchiolitis are being awarded, I’m told by VBA, at 75% grant rate.
Dan Sagalyn (PBS NewsHour): So you’re saying 75% of Veterans are getting a benefit or their benefit rating is 75% or more?
Denis McDonough (VA Secretary): I’m saying that of those who file a claim, I’m told by VBA, and we’ll get you the data, Dan, of Veterans who file a claim for constrictive bronchiolitis, that claim is being awarded in the Veterans’ favor 75% of the time.
Dan Sagalyn (PBS NewsHour): But you don’t know what the rating is. The rating might be zero, but they’re getting an award.
Denis McDonough (VA Secretary): You’re understanding my answer, yes. You’re understanding my answer.
Dan Sagalyn (PBS NewsHour): And just last question and I’ll let you go. So the criticism that using an insensitive test as a metric for rating this condition, what’s your response to that?
Denis McDonough (VA Secretary): The criticism and the input is going to be something that we will address when we respond to the proposed comments, one. Two, the issue of how one measures–how one diagnoses constrictive bronchiolitis is an issue that we have been wrestling with. And critiques of us are expected and helpful because we aspire to be a Veteran-centered organization. And so, again, the way I respond to those critiques is to say, we hear you. This is really important to figure out how best and most accurately to make this diagnosis. And most importantly, we want the Veterans to get the care and the benefits that they have earned.
Dan Sagalyn (PBS NewsHour): Okay, thanks.
Terrence Hayes (VA Press Secretary): Thanks, Dan. We’ll go to Quil.
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