Political Ploy?
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AGENT ORANGE EQUITY: On 23 JUL House Veterans’ Affairs Committee
Chairman Bob Filner (D-CA) held a press conference to announce the
introduction of H.R. 6562, the Agent Orange Equity Act of 2008. The bill
restores equity to all Vietnam veterans that were exposed to Agent Orange.
It would clarify the laws related to VA benefits provided to Vietnam
War veterans suffering from the ravages of Agent Orange exposure. From
1991 to 2002, the VA granted hundreds, if not thousands of disability
claims filed by Navy blue water veterans suffering from one of the many
diseases that VA recognizes as related to Agent Orange exposure. These
benefits were awarded based on VA rules providing that service in the
waters offshore Vietnam qualified the veteran for the presumption of
exposure to Agent Orange. In FEB 02 VA did an about face and required
veterans to have ‘actually served on land within the Republic of Vietnam …
to qualify for the presumption of exposure to’ Agent Orange. As a
result, all pending and new disability claims filed by Navy blue water
veterans for an Agent Orange-related disease were denied unless there was
proof that that the veteran actually set foot on Vietnamese soil. In
addition, the VA began to sever benefits that had been granted to Navy
blue water veterans prior to the 2002 change in VA rules.
Currently, VA
requires Vietnam veterans to prove “foot on land” in order to qualify
for the presumptions of service-connection for herbicide-exposure
related illnesses afforded under current law. This issue has been the
subject of much litigation and on 8 MAY, the Federal Circuit Court of Appeals
upheld VA’s overly narrow interpretation. Congress clearly did not
intend to exclude these veterans from compensation based on arbitrary
geographic line drawing by VA.
If enacted every service member awarded the Vietnam Service medal,
or who otherwise deployed to land, sea or air, in the Republic of
Vietnam is fully covered by the comprehensive Agent Orange laws Congress
passed in 1991. It will make it easier for VA to process Vietnam War
veterans’ claims for service-connected conditions that scientists have
conclusively linked to toxic exposures during the Vietnam War and that are
identified in current law. Chairman John Hall who leads the
Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee
with jurisdiction over these issues stated, “With this legislation,
Congress will leave no doubt that the ‘Blue Water Navy’ and all combat
veterans of Vietnam are intended to be covered and compensated; thus ensuring
that these veterans will receive the disability benefits they earned
and deserve for exposure to Agent Orange. This is the cost of war. We
asked these brave men and women to fight for us and serve their country,
and it is a grave injustice that they have had to wait this long for
treatment. We must place care of our soldiers among our top priorities.
This applies for all past, present, and future conflicts.” [Source: HCVA
Bob Filner News Flash 23 Jul 08 ++]
Is this just another political tactic or is it the real deal this time? Not being a democrat, I can’t help but have my suspicions that this is coming at an opportune time for the election cycle. This legislation should have been taken care of years ago. I am glad the topic is being addressed even though the timing might be a little questionable.
I could say lots for and against the Veterans Administration but will hold my piece . I am just curious how many here at BF was aware of this new legislation. Hope this doesn’t infringe the rules. If so I apologize.
I posted the above reference to HR6562 in another forum recently and got no replys other than mention from the forum police.
In regards to drawing pension and service connect payments, I have seen something on that being discussed by the VA fairly recently and hopefully something will be done about the situation in favor of receiving both payments.
I have been dealing with DAV for AO claims for over a year now and still in process. I firmly believe anyone that served and received combat pay in VM should be entitled, but they keep changing the rules for presumption. Maybe Filner can get the wrong set straight.
Dan Bluewater Navy Vet