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Free dating for disabled sandy hills I served in Vietnam in I have had cancer and other illness but still got denied 3 days before Christmas. I served in Vietnam as A combat engineer and As a result, I was not affected by the many things agent Orange and the poison water from Lejuene contributed to my health.

Chapter Seven of the Final RIA demonstrates that the final rule will not have a ificant economic impact on a substantial of small entities. Guess it only matters how you became exposed. Incremental costs and benefits are calculated for all construction, alterations, and barrier removal that is expected to occur during these 15 years.

Had peripheral neuropathy that was diagnosed early because he also had injuries so he qualified for that when years later he made a claim. He served in Vietnam in the Army from Will his claim be reviewed now in light of the new findings?

Apply 5 times. In I had colon cancer surgery.

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This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in places of public accommodation. The planes were routinely decontaminated after they landed on the carriers. He use to say they would spray agent orange below the hills he was on to control the jungle below them.

I came into contact with Agent Orange when footage was burned off in the northern parts of the island. Qualified interpreter means an interpreter who, via a video remote interpreting VRI service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

Agent orange was used there in the training areas and the area was not declared clear until I served there in and returned in and stayed until retirement in I spent a lot of time in those training areas and it would certainly explain my diabetes and kidney disease with no family history of either.

Code means a State law or local building code or similar ordinance, or part thereof, that establishes accessibility requirements. Accordingly, many of the requirements in the final rule are already incorporated into building codes nationwide. I believe I might get something after I am dead.

Title III's barrier removal provisions strike the appropriate balance between ensuring that accessibility advances are reflected in the built environment and mitigating the costs of those advances to public accommodations.

Agent Orange was used at my location. We flew into areas that had been sprayed with agent orange. VA says Prove it. The residue that was on them? During this rather dismal 14 month period I often wondered why so much red tape when the facts were undeniably evident at least to me!

My regret is that he was not told what could happen and suggest test to be done Secondly we need to know more about the genetic changes. GOD sees this.

He retired after 24 years of service in the Marines while serving he developed a heart condition that required a triple bypass he also suffered from PTSD, Rash to his back, feet, and legs he also developed asthma, and lung cancer from agent orange and smoking cigarettes of which was given to him his first day of reporting to camp they were included with his gear before that he never smoked.

Our son is being treated for bladder cancer. At any enforcement proceeding under title III of the Act, such certification shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of title III.

Upon receipt and review of all information relevant to a request filed by a submitting official for certification of a code, and after consultation with the Architectural and Transportation Barriers Compliance Board, the Assistant Attorney General shall make a preliminary determination of equivalency or a preliminary determination to deny certification.

I was in the army, thru The examiner at the ba denied my application for the 10 percent increase of my benefits because she said i should have gone to a doctor in the battle field. The longer they can lie and deny the more they save.

Our vets are used and God sees this. While bombs and loud guns firing every were. I already lost my prostate over this.

In consideration of such concerns and after holding informational meetings with miniature golf representatives and persons with disabilities, the Access Board ificantly revised the final miniature golf guidelines.

Advocacy recommended that the Department continue to study how the proposed small business safe harbor might be made workable in future rulemakings, and recommended that the Department also seek other alternatives that minimize the economic impact of the ADA rulemakings in the future.

The ADA and the Standards set minimum civil rights protections for individuals with disabilities that in turn may affect the implementation of State and local laws, particularly building codes.

I was around that Agent Orange. He developed T1 diabetes and died in How many Vietnam Veterans suffer from skin cancer? The SBREFA also requires the Department to make a regulatory assessment of the costs and benefits of any ificant regulatory action.

They called me in for tests numerous times and had me interviewed by a psychiatrist, but other than that I never saw a doctor at the VA. Several months passed and I received a litter from the VA in which a doctor stated that he had examined me and found no diabetes or heart disease.

A public accommodation shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

The National Technology Transfer and Advancement Act of NTTAA directs that, as a general matter, all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, which are private, generally non-profit organizations that develop technical standards or specifications using well-defined procedures that require openness, balanced participation among affected interests and groups, fairness and due process, and an opportunity for appeal, as a means to carry out policy objectives or activities.

Determining whether such an element exists is expected to take only a minimal amount of staff time. Are they eligible for Agent Orange benefits? Get 4 of 6 problems.

Vietnam 66,67 and Air Force worked in air freight. I would go up north to snorkel and fish during my time off. I also am a cancer survivor. Rather, it means that in addition to the new construction requirements, the public accommodation has a continuing obligation to remove barriers that arise, or are deemed barriers, only after construction.

See 5 U. Section a lists the specific requirements for a FRFA. Preliminary determination of equivalency means a preliminary determination that a code appears to meet or exceed the minimum requirements of title III of the Act for accessibility and usability of facilities covered by that title.

The Department received a of comments on this issue. The Department has also conducted a final regulatory flexibility analysis FRFA as a component of this rulemaking.

Big deal! I was in vietnam —Quonlo for 14 months. In developing the Standards, the Department reviewed the Standards section by section, and, as a result, has made several clarifications and amendments in both the title II and title III implementing regulations.

They were glad to see me go. I live in New York. Authority: 5 U. Act means the Americans with Disabilities Act of Pub. Drug means a controlled substance, as defined in schedules I through V of section of the Controlled Substances Act 21 U.

Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.

He was also exposed to Agent Orange. This is an editorial change. My husband was a Vietnam vet. The VA pats itself on the back for adding three presumptives but conveniently ignores the one with a solid link.

These terms are included in the definitions section for ease of reference. General Safe Harbor. Never wait to be notified. In determining whether an action would result in an undue burden, factors to be considered include —. On the application of a State or local government, the Assistant Attorney General may certify that a code meets or exceeds the minimum requirements of the Act for the accessibility and usability of places of public accommodation and commercial facilities under this part by issuing a certification of equivalency.

Seems like mission is to dissuade veterans. The Young man handling Agent Orange claims referred me to my own civilian doctor and even paid for the visit. At some point, the same facility may undergo alterations, which are subject to the alterations requirements in effect at that time.

Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

This should be examined by the V. I called Palo Alto pain clinic for back treatment. I have filed claims but constantly get denied. For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires the use of the accessible features that are provided in accessible seating, or is purchasing the tickets for an individual who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating.

Respiratory diseases?? I am tired all the time and I beat myself up for being lazy! I have Myesthemia Gravis but keep being denied. I went back in time and pulled up my old ships log and was shocked to see the ships daily log showing injuries to my fellow sailors falling down stairs, broken finger, stitches on their scalp and splints on their fingers but sent right on back to work, it happened to me also but now I find out that no records were kept.

I installed telephones and all associated equipment in outline areas. Never heard. What really irritates me is that those of us that served after Vietnam had to clean the old warehoused equipment from Vietnam.

The military even put up s advising us not to go outside when the agent was being sprayed. Lung transplant, Nov 1st, Hard of hearing!!

I filed in at the age of 31 for esophageal cancer due to exposure to Agent Orange. Lastly, the NPRM sought public input on the inclusion of reduced scoping provisions for certain types of small existing recreation facilities i.

I now have reduced kidney function arthritis and multiple degenerative muscle skeletal issues. A public accommodation or other private entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act.

Certification of equivalency means a final certification that a code meets or exceeds the minimum requirements of title III of the Act for accessibility and usability of facilities covered by that title. Semper Fi.

I finally was able to get into and fill out the burn pit registry about a year ago. Advocacy also requested that guidance regarding the two effective dates for regulations also be provided, and the Department plans to include such guidance in its Small Business Compliance Guide.

He had prostate cancer. I will however continue to fight until I take my last breath! Maybe the mindset at the VA is to defer as long as possible and let time run out for a large of us.

The fact that the facility is also an existing facility does not relieve the public accommodation of its obligations under the new construction requirements of this part. They were very proud and I took there advice knowing in advance that every Marine is a rifleman.

Many of the amendments aim to clarify and simplify the obligations of covered entities. I was turned down cold! Similarly, several commenters from the miniature golf industry expressed concern that it would be difficult to comply with the regulations for accessible holes without ificantly degrading the experience for other users.

Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.

My husband served in Viet Nam and has several disabilities related to agent orange. I need to be working but I cannot! What about the thousands who served in Thailand and were exposed to agent orange, have the same medical issues as those who served in Vietnam, but are continually denied any benefits.

Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act 21 U. The term "illegal use of drugs" does not include the use of a drug taken under supervision by a d health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.

Additionally, it is assumed to be part of the regular course of business—and thereby incorporated into standard professional services or construction contracts—for architects and contractors to keep abreast of changes in applicable Federal, State, and local laws and building codes.

Funny thing is the chemical being sprayed one could actually see with no problems. USMC, Vietnam 69 and Camp Lejune first 6 months of Hard of hearing as well.

Loaded what ever in all kinds of airplanes. How about the contaminated waters in Fort Dix, NJ? Does anybody know about it?

Could go on forever, but I should stop here. A newly constructed facility remains subject to the accessibility standards in effect at the time of de and construction, with respect to those elements for which, at that time, there were applicable ADA Standards. Drink eat and shower in agent orange in the Tonkin Gulf.

The vast majority of the new requirements are incremental changes subject to a safe harbor. I could go on and on. Agent Orange was the reason.

It coordinated extensively with model code groups and standard-setting bodies throughout the process so that differences could be reconciled. They are deservedly receiving help for diseases as a result of the exposure.

They knew in advance the water was contaminated and allowed us to drink it, bathe in it, swim, buffaloes it and even transport it on ships headed out to Mediterranean.

The Department also expects to publish guidance specifically tailored to small businesses in the form of a small business compliance guide, as well as to publish technical assistance materials of general interest to all covered entities following promulgation of the final rule.

What about all those who served as I did in Johnston Atoll in US kept all the Nerve gas and Orange on the Island until Spent a year on that Island as many other Vets. Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.

The final rule imposes no new recordkeeping or reporting requirements. This toxic exposure was preventable.

Subparts C and D of this part provide guidance on the application of the statute to specific situations. If an agency believes that a rule is likely to have federalism implications, it must consult with State and local elected officials about how to minimize or eliminate the effects.

The Office of Advocacy has advised that although the process followed by the Department was ancillary to the proposed adoption of revised ADA Standards, the steps taken to solicit public input and to respond to public concerns are functionally equivalent to the process required to complete a section review.

I am a bladder cancer survivor early detection. This proposal provided that qualified small businesses would be deemed to have satisfied their readily achievable barrier removal obligations for a given year if, during that tax year, they had spent at least 1 percent of their respective gross revenues undertaking measures in compliance with title III barrier removal requirements.

Doctor told me heart VA has me on meds, surgery in not in AO conditions. Those of us who served on aircraft carriers operating out of yankee station are denied compensation for agent orange related conditions because we were outside the 12 mile limit.

Problem is I am the sole surviver. Has it been found that it infected mechanics that worked on helicopters and airplanes that were used with agent orange?

My deceased husband, John Joseph McEnroe, died on April 21,from an astrocytoma of the right frontal lobes which spread to his spinal column and herniated his brain on his brain stem.

I also inquired about a dental cleaning which I have been getting off campus. Nevertheless, Chapter 5 of the Final RIA has a high-end estimate of the additional management costs of such evaluation from 1 to 8 hours of staff time.

Some business commenters suggested alternative safe harbors, but there was no common thread among their suggestions that would enable the Department to craft a proposal that would draw support from the affected communities.

Make an appointment with your nearest VA representative. Also have had severe sinusitis problems since serving in the Air Force. Wheelchair means a manually-operated or power-driven device deed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

About 10 years ago I filed with the VA and brought my medical records from my own doctors. Many other conditions that affect my health from this condition.

That same facility, however, after construction, is also an existing facility, and subject to the public accommodation's continuing obligation to remove barriers where it is readily achievable to do so. He deserves something for his suffering and death related to his exposure while in Korea!

We were stationed together. We have suffered as well. We revealed the abuse Shane and Hannah receive on a daily basis last week.

A public accommodation shall ensure that wheelchair spaces and companion seats are provided in each specialty seating area that provides spectators with distinct services or amenities that generally are not available to other spectators.

Good luck everyone getting what you deserve. The Department is mindful of its obligations under the SBREFA and will be sensitive to the need to mitigate costs for small businesses in any future rulemaking; however, based on the information currently available, the Department has declined to commit to a specific regulatory approach in the final rule.

As a result of the feedback provided by representatives of small business interests on the title III NPRM, the Department was able to assess the impact of various alternatives on small businesses before adopting its final rule and took steps to minimize any ificant impact on small entities.

Under the SBREFA, the Department is required to perform a periodic review of its rule because the rule may have a ificant economic impact on a substantial of small entities. Makes no sense. I was born while he was in Vietnam and served on camp Pendelton Subic bay Diego Garcia and Camp Hansen all of which are super sites with contamination.

But we filed a claim for our daughter for the Agent Orange. The Army vet in charge of looking into increasing disability claims pretty much told me to take a hike regarding the toxic water situation.

Small Business Safe Harbor. He died three years ago from penile cancer, a horrific disease. I lived in Okinawa inthen was in Navy in Vietnam fromthen back on Okinawa Google Okinawa and Agent Orange.

I had to clean all of this up with no idea that this could be agent orange.

I served three tours from tomostly in Thailand. Private club means a private club or establishment exempted from coverage under title II of the Civil Rights Act of 42 U.

Public accommodation means a private entity that owns, leases or leases toor operates a place of public accommodation. All businesses currently in compliance with the Standards will neither need to undertake further retrofits nor require the services of a consultant to tell them so.

My poor wife is growing old befor her time as she struggles to keep up with my medical bills and having to tap into our meager savings in order to pay for personal care providers not covered by either the VA or Medicare.

As a result, I was not affected by the many things agent Orange and the poison water from Lejuene contributed to my health. Do I have any recourse in this matter. I have had tumors removed and strange skin problems. My service record should have been proof enough.

I was told that unless I had diabetes, cancer there was nothing they could do. When I put in a claim for the Agent Orange had a daughter that nearly died from a heart condition and a son 3 years later died of heart complications were totally denied!

This is great news and I am happy to see leadership at the VA leading the way on behalf of the vets who are yet to receive the benefits due them. I have pd exposure to agent orange. The VA refuses to acknowledge any of my service-connected disabilities.

I served in B Mech infantry out of Camp Kasier We were in the field living in tents during phase line papa. For the limited of requirements in the final rule that are supplemental, the Department believes that covered entities simply need to determine whether they have an element covered by a supplemental requirement e.

This needs to be mentioned in your claim. Never hear much about this treatment and the affect it had.

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The term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the private entity acts on the basis of such use.

My dad was poisoned by AO during the war doing decon of planes from Vietnam. We have been fighting a long battle with no success! Thus, any facilities constructed in year 14 of the final rules are assumed to continue to generate benefits to users, and to incur any operating or replacement costs for the life of these buildings, which is assumed to be 40 years.

I had heart surgery in to remove the pericardial sac from my heart. Already showing problems, and cancer would certainly be the worst.

Elements that comply with the requirements for those elements in the Standards do not need to be modified. What a joke!!!! My disability claim was denied. Operation restore democracy in Haiti I remember those days. The Standards address federalism concerns and mitigate federalism implications, particularly the provisions that streamline the administrative process for State and local governments seeking ADA code certification under title III.

Through the ANPRM and NPRM processes, the Department solicited comments from elected State and local officials and their representative national organizations about the potential federalism implications.

However, regulatory impact analyses are not an appropriate forum for assessing the cost covered entities may bear, or the repercussions they may face, for failing to comply or allegedly failing to comply with current law. Given these considerations, the Department has determined that the additional costs, if any, for architectural or contractor services that arise out of the final rule should be minimal.

A doctor returned my call. While we were trying to eat in a overhead tarp, the smoke from the burn pits went right through where we were eating!!

B and Dand which the Department has adopted in this final rule.

In summary, the Department has satisfied its FRFA obligations under section a by providing the following:. I am happy for the Vietnam War veterans who are going to receive presumptive rating for their diseases. Given the ventilation systems used, any contamination that became airborne was pumped into the ships.

Ask anyone who served in Vietnam and it was common practice to dispose of human excrement by mixing it with diesel fuel and burning it.

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Saigon was actually worse as there was no garbage collection and large roide dumps along Plantation road were set on fire periodically. During the NPRM comment period, the Department engaged in considerable public outreach to the small business community.

Every sickness he had was documented in his medical records stating the main cause was due to Agent Orange and Other Health Factors. I will never believe all the agent Orange was out of the soil and water when he was there. I am angered that a vary large of us who have suffered from hypertension were left out, even though there is more than ample evidence to support presumption of agent orange linkage.

I have had sinus surgery and have to use inhalers to breath. For example, the new requirements for wading pools might decrease the value of the pool to the entity that owns it due to fewer individuals using it because the new requirements for a sloped entry might make the pool too shallow.

I know that they do help some veterans, but if they can lie out of helping, they will. Jump directly to the content.

My husband did 2 tours in Vietnam and we were in the process of trying to see if he qualified for disability at but he died before we got to far along. Daniel Clark Berg. Developed diabetes. This can never happen again! It will be at least six weeks to schedule the procedure.

The science now confirms the link. People laughed at me at accused me of putting on. The review requires agencies to consider five factors: 1 The continued need for the rule; 2 the nature of complaints or comments received concerning the rule from the public; 3 the complexity of the rule; 4 the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and 5 the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

A little compensation for What you did for this for this country I s not too Much to ask. Now along with other problems related to losing the prostate, I will be worrying about my bladder. VA do the right thing. Advocacy expressed disappointment that the Department did not include a small business safe harbor in the final rule.

Now it should be noted that when the chemical was sprayed one could not help but be exposed to it as the only way to the barracks was by military bus and if one wanted to eat one had to walk to the Mess Hall.

Seee. It took several days to call me back. After 2 and years of much pain and suffering he died December 21 He served with st airborne in Vietnam in 67 and He saw active duty the entire tour.

No one ever told me and zi was too busy trying to survive and raise two kids with a bad case of PTSD and other conditions that affected them!

Neither were they included in new Middle East veteran benefits until less than a year ago.

Housing at a place of education means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

We are suffering from toxic exposure and suffering from many many ailments. Two sets of proposed alternative measures that would have potentially provided some cost savings to small businesses—the safe harbor for qualified small businesses and reduced scoping for certain existing recreation facilities—were not adopted by the Department in the final rule.

These men and women, and their families, have had to wait too damn long for this acknowledgement!!! Possibility of Agent Orange exposure could have been the cause!

I was fortunate to have received benefits upon review in my favor after my appeal of the original decision declining my request for Total Unemployability. The rule preempts State laws affecting entities subject to the ADA only to the extent that those laws conflict with the requirements of the ADA, as set forth in the rule.

These guidelines, which are incorporated into the Standards, reflect a conscious effort to mitigate any ificant economic impact on small businesses in several respects. I am a Vietnam vet who is diabetic and I have ischemic heart disease, both of which are presumptive for Vietnam.

Can i get VA assistance? I lost my husband on February 12 th. I wonder if it is a matter of large s of affected vets and the large amount of money that would have to be paid? The ADA Amendments Act amended the ADA definition of disability to clarify its coverage of persons with disabilities and to provide guidance on the application of the definition.

Several of these steps are summarized below. Is it possible that affects of agent orange were passed to him?

Fortunately, I finally learned that the best way to deal with PTSD was to have a vigorous workout every day! Public Law — section 12 d 1 15 U. In addition, the NTTAA directs agencies to consult with voluntary, private sector, consensus standards bodies and requires that agencies participate with such bodies in the development of technical standards when such participation is in the public interest and is compatible with agency and departmental missions, authorities, priorities, and budget resources.

Should I apply? From the outset of this rulemaking, the Department has been mindful of small entities and has taken numerous steps to minimize the impact of the final rule on small businesses.

Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, ro, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.

The VA did well with him in his final years. Just about everywhere we went looked like the vegetation never existed!

If so get in touch with your local VSO officer and get them Free dating for disabled sandy hills help.

My electronics van had inch thick dust in it and all kinds of Vietnam paraphernalia hidden away on it.

What about the men who served aboard ships with asbestos I served aboard a world war II ship from to that had asbestos through out the ship. This part does not require a public accommodation to provide its customers, clients, or participants with personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; or services of a personal nature including assistance in eating, toileting, or dressing.

For some reason they only admit Lejeune. Sorry this award came to late, We are the care takers of what they destroyed fur what, their greed.

The administration has known for years agent orange was killing VN vets. More graditude from government dead than alive.

Can anyone in the VA administration help me understand why COPD and other respiratory diseases are not covered for exposure to agent orange? The only reason not to add it is the cost.

That something was diesel fuel and sht. Further, in adopting the final rule, the Department has sought to harmonize, to the greatest extent possible, the ADA Standards with model codes that have been adopted on a widespread basis by State and local jurisdictions across the country.

I also drank a lot of water and ate healthy foods. Most notably, the final rule retains the element-by-element safe harbor for which the small business community voiced strong support. When I read that the Blue Water Navy was getting this it upset me so if you were off the coast of Vietnam you can get it.

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Individuals with disabilities who hold tickets for accessible seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events.

First, one of the express goals of the ADAAG is harmonization of Federal accessibility guidelines with industry standards and model codes that often form the basis of State and local building codes, thereby minimizing the impact of these guidelines on all covered entities, but especially small businesses.

The Section-by-Section Analysis follows the order of the title III regulation itself, except that if the Department has not changed a regulatory section, the unchanged section has not been mentioned.

Second, the ADAAG is the product of a year rulemaking effort in which a host of private and public entities, including small business groups, worked cooperatively to develop accessibility guidelines that achieved an appropriate balance between accessibility and cost.

The specific provisions, including the limitations on those provisions, control over the general provisions in circumstances where both specific and general provisions apply.

He applied twice for benefits and denied. Finally, commenters representing business interests expressed the view that the final rule would cause businesses to incur ificant legal costs in order to defend ADA lawsuits.

The Department believes that this element-by-element safe harbor provision will go a long way toward mitigating the economic impact of the final rule on existing facilities owned or operated by small businesses.

The Department estimates that the final rule will apply to approximately three million small entities or facilities covered by title III. A description of the projected reporting, record-keeping, and other compliance requirements of the final rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record.

Note: This Appendix contains guidance providing a section-by-section analysis of the revisions to 28 CFR part 36 published on September 15, This section provides a detailed description of the Department's changes to the title III regulation, the reasoning behind those changes, and responses to public comments received on these topics.

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Get buddy letter. NOTE: These provisions update the relevant portions of the title III regulation to incorporate changes made to the regulatory text through January 17, All section headings and changes are noted in bold.

In determining whether an action is readily achievable factors to be considered include —. Elements that do not comply with the requirements for those elements in the Standards must be modified to the extent readily achievable.

Subpart A—General

Loaded agent orange, asked what was in the drums, they said they could not tell me. Add high blood pressure to the list of presumptives. Upon application by an authorized representative of a private entity responsible for developing a model code, the Assistant Attorney General may review the relevant model code and issue guidance concerning whether and in what respects the model code is consistent with the minimum requirements of the Act for the accessibility and usability of places of public accommodation and commercial facilities under this part.

As a result, an historic level of harmonization has been achieved that has brought about improvements to the guidelines, as well as to counterpart provisions in the IBC and key industry standards, including those for accessible facilities issued through the American National Standards Institute.

Never seems to end. His last 20 years were torture for him though he fought like a warrior. There is plenty of evidence but no admission from our government.

Are you serious?! Also this was 72 till Iraq war vets facing similar problems with VA that Vietnam vets had to put up with.

These things added by VA are a joke unless examiners just listen and note.

Subpart B of this part sets forth the general principles of nondiscrimination applicable to all entities subject to this part. I returned to the VA about a year ago after many of my friends urged me to do so. As discussed in greater detail above, one ificant goal of the development of the ADAAG was to eliminate duplication or overlap in Federal accessibility guidelines, as well as to harmonize the Federal guidelines with model codes.

I knew there had been studies done on this connection and applied. I have developed arithmia, high blood pressure, diabetes and asthma. The children of Vietnam are still affected by it. Foc also told me that the PAHC senior executive has left and there are no more nurses to assist the doctors.

Advocacy and other commenters representing business interests expressed concern that businesses would incur substantial indirect costs under the final rule for accessibility consultants, legal counsel, training, and the development of new policies and procedures.

How about those of us that served in Okinawa and were exposed to AO on the boats that were sent from Vietnam for repairs? The Department operates a toll-free ADA Information Line — voice ; — TTY that the public is welcome to call at any time to obtain assistance in understanding anything in this rule.

I have Prostate Cancer. Based on these factors, the agency is required to determine whether to continue the rule without change or to amend or rescind the rule, to minimize any ificant economic impact of the rule on a substantial of small entities.

When will his cases be reopened and his wife notified? My husband died in January We filed an Agent Orange claim in for our daughter was born with many birth defects that are on the birth defects that were caused from the Agent Orange.

How meany of us will have to die a slow painful death before we can get recognized for needed benefits? He was in Korea 6 mos after the presumptive tome of exposure to agent Orange. The Department has not quantified the incremental costs of the services of these kinds of experts.

Had thyroid cancer and had it removed in So what about those who served from 83 — 86 that got bladder cancer.

What about all of us who were stationed at Fort McClellan, Alabama? In addition to soliciting input from small entities through the formal process for public comment, the Department also targeted the small business community with less formal regulatory discussions, including a Small Business Roundtable convened by the Office of Advocacy and held at the offices of the Small Business Administration in Washington, D.

These outreach efforts provided the small business community with information on the NPRM proposals being considered by the Department and gave small businesses the opportunity to ask questions of the Department and provide feedback.

But the VA says, sorry no claim in your 1st year out, too bad. What about the Vietnam era vets that were state side but worked on the helicopters that were shipped back for repair and back again time after time and were covered on the floorboards with the agent orange residue. When will there be an admission that agent orange was stored, transported and frequently sprayed on bases in Okinawa?

I was brown water navy for three or four months and had exposure to ground troops who were barracks on the APD 40 Nueces where I and others had to tear down their bunks when we decommissioned our ship. They should know and be able to assist. I had no idea the Government was actually compensating servicemen exposed to such danger.

A public accommodation shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability, or that perpetuate the discrimination of others who are subject to common administrative control.

Because the government claims it was never there I have had no success in being compensated. See id. But, the side affects still exist and the damage is done and on going. Mary get a lawyer you have a lot of money coming, a lot will have to what his death certificate says good luck. Newly constructed or altered facilities are also existing facilities.

That is, the rulemaking agency must determine whether the rule is likely to have substantial direct effects on State and local governments, a substantial direct effect on the relationship between the Federal government and the States and localities, or a substantial direct effect on the distribution of power and responsibilities among the different levels of government.

I am so glad bladder cancer will be added to the list. Whiskey Tango Foxtrot? Come guys -get serious — you know it was all over that island! During the daily exposure of ground hull bare nonskid surface, we were subject to a daily cloud of toxic particulate matter with only minimal safety protection.

The smell was bad and if you inhaled the spaying compound one would have a hard time breathing. The classification of facilities under the ADA is neither static nor mutually exclusive.

Miniature golf trade groups and facility operators, who are nearly all small businesses, expressed ificant concern that such requirements would be prohibitively expensive, would require additional space, and might fundamentally alter the nature of their courses.

I try to kick it by running and staying healthy but to no avail. Way to go VA. All camp sites were heavily sprayed ,where our tents for our barracks and mess hall were placed. The Department makes every effort to promote clarity and transparency in its rulemaking. I was stationed in Korat Thailand and lived outside the west gate which is in the red zone cleared by AO.

I now suffer from diabetes and heart disease. That is why he called me!

Not one time has anyone at the VA offered to help me with claims or appeals for any of these issues. As part of this update, the Board has made its guidelines more consistent with model building codes, such as the IBC, and industry standards. Ischemic heart disease.

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My name is Beverly Smith and my husband Rodney died 28 months ago with Lung cancer. He was buried in the VA cemetery with honors.

I filed for agent orange exposure I have been diagnosed by my Doctor with peripheral neuropathy and stinging and tingling in my extremities. D escriptions of the steps taken by the Department to minimize any ificant economic impact on small entities consistent with the stated objectives of the ADA, including the reasons for selecting the alternatives adopted in the final rule and for rejecting other ificant alternatives.

Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Some Veterans pay all at once while others pay over a lifetime.

The Department also anticipates that businesses will incur minimal costs for accessibility consultants to ensure compliance with the new requirements for New Construction and Alterations in the final rule. And BTW!

I never used the VA health System for 35 years. While this proposed safe harbor applied to title III covered entities irrespective of size, it was small businesses that especially stood to benefit since, according to comments from small business advocates, small businesses are more likely to operate in older buildings and facilities.

Tom, you need to file if you were in the exact place where agent orange was employed — the perimeter of an air base. Never told the area had been coated with AO. Does this make me eligible for compensation? These facilities are generally subject to regulation by different levels of government, including Federal, State, and local governments.

How long until a decision is made on an agent orange applied November Website is still saying researching!

I was a combat Marine Vietnam Keep fighting my brothers an sisters.

The of wheelchair spaces and companion seats provided in specialty seating areas shall be included in, rather than in addition to, wheelchair space requirements set forth in table Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part.

Guess they hope I die. The area that I lived in was with the Philippians off base in a jungle area, which was sprayed with a chemical to control the growth of the jungle out side of our barracks.

Advocacy conceptually supported this safe harbor but had concerns regarding its application. Elements that do not comply with the requirements for those elements in the Standards or that do not comply with the supplemental requirements i.

In other dating news, we revealed the dangerous new dating trends you need to avoid in Plus you can now name a real life cockroach after your ex-boyfriend. After that, the Agent Orange benefits coordinator became difficult to reach. I looked up, followed and had much respect for older folks, especially veterans and the advice they have given me.

I am proud of my service in the navy, however, our government did a poor job of protecting us while we served. When will VA notify those who have ly filed a claim years ago for Hypothyroidism? For series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating.

Undue burden means ificant difficulty or expense. Then renal cancer which was not presumptive at the time.

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I was in Vietnam during the year I was in a artillery unit going where needed to support our ground troops. Put in more than 4 hours without pure exhaustion and other affects such as shortness of breathe.

If it is not readily achievable for a public accommodation to place wheelchair spaces and companion seats in each such specialty seating area, it shall provide those services or amenities to individuals with disabilities and their companions at other deated accessible locations at no additional cost.

Additional regulatory measures mitigating the economic impact of the final rule on title III-covered entities including small businesses include deletion of the proposed requirement for captioning of safety and emergency information on scoreboards at sporting venues, retention of the proposed path of travel safe harbor, extension of the compliance date of the Standards as applied to new construction and alterations from 6 months to 18 months after publication of the final rule, and, in response to public comments, modification of the triggering event for application of the Standards to new construction and alterations from a unitary approach commencement of physical construction to a two-pronged approach date of last application for building permit or commencement of physical construction depending on whether a building permit is or is not required for the type of construction at issue by State or local building authorities.

Just my venting and 2 cents worth, nothing more,nothing will change…. I served in Desert Storm and continued serving in SWA on and off for another14 years with my last mission in Now that I am retired I have been diagnosed with asthma, sinusitis and rhinitis.

As discussed in more depth ly, the safe harbor for qualified small businesses was omitted from the final rule because the general safe harbor already provides ificant relief for small businesses located in existing facilities, the proposed safe harbor provision lacked support from the small business community and no consensus emerged from business commenters concerning feasible bases for the final regulatory provision, and commenters noted practical considerations that would potentially make some small businesses incur greater expense or administrative burden.

If any commenter has suggestions for how the regulation could be written more clearly, please contact Janet L. This rule does not contain any paperwork or recordkeeping requirements and does not require clearance under the PRA.

Administrative practice and procedure, Buildings and facilities, Business and industry, Civil rights, Individuals with disabilities, Penalties, Reporting and recordkeeping requirements.

While the Department intended the proposed definition to provide clarity with respect to public accommodations' continuing obligation to remove barriers where it is readily achievable to do so, some commenters pointed out arguable ambiguity in the language and the potential for misapplication of the rule in practice.

Agent Orange. I served both in the field and in Saigon. I need help! He lost his battle with Cancer September as his widow what can I do to see if I am eligible for his agent orange benefits?

Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. I have had stage four prostate cancer which I have survived.

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Every vet who was there deserves aid. Succinct summaries of the need for, and objectives of, the final rule. This is important to a of Airmen as it seems to affect us later in life with lung, sinus and cough issues.

Another one of my buddies was just diagnosed with bladder cancer. This country was sprayed with agent orange. Sinus surgery inagain she said no go. Reduction in facility value and losses to individuals without disabilities due to the new accessibility requirements.

I later found that they were reimbursed by my private medical insurance. Now my question is, how do I file another appeal, and add these issues to my claim? Qualified interpreters include, for example, language interpreters, oral transliterators, and cued-language transliterators. Finally, with respect to costs to individuals who do not have disabilities, a very tall person, for example, may be inconvenienced by having to reach further for a lowered light switch.

I am amazed that the VA believes burn pit issues only affect those serving in the more recent SW Asia campaigns. The Department received over comments, and small business interests figured prominently.

A grateful nation—my ass. My three sons and some of the grandchildren are at risk and indeed have some unusual conditions.

When will we be covered? Model code means a nationally recognized document developed by a private entity for use by State or local jurisdictions in developing codes as defined in this section.

We have suffered similar ailments. I send my prayers to you during this difficult time.

Is this true? Once the final rule is promulgated, small businesses will also have a wealth of documents to assist them in complying with the Standards.

Is there a link between Skin Cancer and Agent Orange? If your husband died from any of the diseases under agent orange and it is listed as the cause of death on his death certificate, the VA rep can access and reopen his filed claim and you should be eligible for a DIC special pension. My husband was diagnosed with stage 4 bladder cancer 3 years ago.

Some commenters stated that the final rule would require them to develop new policies or manuals to retrain employees on the revised ADA standards.

A public accommodation may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently. Then the following week I get a letter saying I missed my appt.

He died of lung cancer and I was told after he died I could no longer proceed with our request.

Examined for Agent Orange four years ago. But the couple have also been flooded with support, particularly after their appearance on This Morning.

Screw the VA and screw the United States. I have had what they call jungle rot on my feet and hands that comes and goes. If, on the other hand, elements at an existing facility are not currently in compliance with the Standards, then the cost of making such a determination and bringing these elements into compliance are not properly attributed to the final rule, but to lack of compliance with the Standards.

The term agent orange has to be removed from any claim and replaced with herbicide which is a denial by our VA that the chemical was used to defoliate the perimeters of all the air basis in Thailand.

Plus, he also served in Desert Storm and has his own set of problems from that :- Good luck EVER getting the government to admit anything close to causative exposure.

When I filed my clame and had the physical in Detroit and later contacted them by sending all the paperwork In I was told they received it to late and no further action Would be taken on my claim. In any regulation, there is a tension between drafting language that is simple and straightforward and drafting language that gives full effect to issues of legal interpretation.

What about those of us Vietnam era vets that served on stateside bases such as Ft Gordon ga?

Specified public transportation means transportation by bus, rail, or any other conveyance other than by aircraft that provides the general public with general or special service including charter service on a regular and continuing basis.

What a VA. They really take care of us. A public hearing was held in Washington, D.

This hearing was also streamed live over the Internet. My husband applied years ago and was denied he served in the Korean War and two tours in Vietnam and was based at Camp Lejeune for several years. A model code is intended for incorporation by reference or adoption in whole or in part, with or without amendment, by State or local jurisdictions.

The V. They call me to cancel an appt. We all know agent orange has a major affect on the respiratory system the could lead to COPD, Key word is could cause which means the government can not proof that agent orange can not contribute to COPD and other respiratory diseases.

Was it caused by the water we drank blue water sailorthe free cigarettes, or a combination of both? I filed a claim with VA and was turned down.

Additionally, the Access Board has published a of guides that discuss and illustrate application of the Standards to play areas and various types of recreation facilities.

When will they get enough competent case reviewers to catch up on all Agent Orange Disability claims.??

My father died from cancer from Agent Orange colon cancer the VA denied it. The Department received comments addressing whether the ANPRM and NPRM directly affected State and local governments, the relationship between the Federal government and the States, and the distribution of power and responsibilities among the various levels of government.

I asked about skin conditions she laughter and told me only after exposure, I showed he phots by military hospital of neck, she said to late!

Indirect Costs. It continues to affect the children and their children and so on. Problem solved!!!! The Department also omitted the proposals to reduce scoping for certain existing recreation facilities in the final rule. The VA inform us that we did have a claim but that they were giving funds to the children that were still alive.

My loved one is in hospice at this moment any time hes going to be restored to the kingdom of God. What did Kissinger quote! The VA to me at this point in time is absolutely useless! Why try?

So many of us has been through the process without any. The Department gave careful consideration to how best to insulate small businesses from overly burdensome barrier removal costs under the Standards for existing small play areas, swimming pools, and saunas, while still providing accessible and integrated recreation facilities that are of great importance to persons with disabilities.

This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section c 2 of the ADA, 42 U. Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following —.

This facility remains subject to its original new construction standards for elements and spaces not affected by the alterations; the facility is subject to the alterations requirements and standards in effect at the time of the alteration for the elements and spaces affected by the alteration; and, throughout, the facility remains subject to the continuing barrier removal obligation.

The Department concluded that the existing readily achievable barrier removal standard, rather than specific exemptions for these types of existing facilities, is the most efficacious method by which to protect small businesses.

I am proud to have served, but I am not pleased at the way the VA treats me and many other veterans.

It is possible that some changes made by entities to their facilities in order to comply with the new requirements may result in fewer individuals without disabilities using such facilities because of decreased enjoyment and may create a disadvantage for individuals without disabilities, even though the change might increase accessibility for individuals with disabilities.

I refuse to die just to piss them off! First, to mitigate costs to existing facilities, the Department proposed an element-by-element safe harbor that would exempt elements in compliance with applicable technical and scoping requirements in the Standards from any retrofit obligations under the revised title III rule.

Both the ADAAG and the proposed requirements have been made public for some time and are already being incorporated into de plans by architects and builders.

BREAKING: VA plans expansion of benefits for disability claims for conditions related to certain toxic exposures - VAntage Point

It was like a checklist of everywhere I went through Iraq and Afghanistan. I hope that for those who have struggled with financial burdens that help i s truly on the way! VA has had me Synthroid for decades, she again said sorry. Now I have all kinds of wonky neurological problems and autoimmune disease.

I served in Vietnam I suffer from hypothyroidism, neurological issues, and have had several episodes of Transient Global Amnesia. How is sht burning not considered exposure to particulate matters? The final guidelines not only reduced ificantly the of holes required to be accessible to 50 percent of all holes with one break in the sequence of consecutive holes permittedbut also added an exemption for carpets used on playing surfaces, modified ramp landing slope and size requirements, and reduced the space required for start of play areas.

The person who told me to get copies of the VA Ordered DBQ stated that he fought with VA for more than twelve years before winning, I only applied two years ago and knew not, that I would have to fight like this in order to get what I feel that I am entitled too.

Finally, while the regulation is required by statute and there is a continued need for it as a whole, the Department proposes several modifications that are intended to reduce its effects on small entities.

Will her claim be in archives with the Army I even got a claim. While these proposals were not specific to small entities, they nonetheless might have mitigated the impact of the final rule for some small businesses that owned or operated existing facilities at which these recreational elements were located.

Hod ridiculous! We applied for benefits for ptsd also. I did all of a Sudden come down with Hypothyroidism -Hashimotos version With leaky gut! What about soldiers that did not serve in the Republic of China but was ased to combat engineer units that were in Vietnam, and brought back equipment used in the jungles of Vietnam, exposing soldiers to that equipment whom started experience such problems as boils and other unusual respiratory problems in early to mid 70s.

The burn pits too were gross also! Likewise, covered entities may face incremental costs when undertaking alterations because their engineers, architects, or other consultants may also need to consider what modifications are necessary to comply with the new requirements.

Estimates of the and type of small entities to which the final rule will apply. Why do our veterans have to prove so much when agent orange was such a poison. I was at a base camp in South Vietnam when after taking a short shower, limited water a chopper flew overhead and spraying Agent Orange in the tree lines when I got another shower, Agent Orange!

What about veterans in operation restore democracy who were exposed to shit burning details?

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The analysis also assumes that any new or revised ADA rules enacted 15 years from now will include a safe harbor provision. It has been the Department's view that newly constructed or altered facilities are also existing facilities subject to title III's continuing barrier removal obligation, and that view is made explicit in this rule.

Individual with a disability means a person who has a disability.