By Bobbye C. Jerone / guest columnist
Yesterday was D-Day plus 64 years. June 6, 1944 was the turning point of the war in Europe. There was a lot of fighting yet to go through after D-Day, but the Allied Invasion at Normandy was the beginning of the end for the Third Reich. The survivors of that momentous battle are dwindling, and the entire World War II veteran population is dying off very quickly. Here in East Mississippi we are blessed to have several survivors of D-Day, and the battles that came later. I had planned to devote this article to them, but there is a lot of breaking news coming down from Washington that affects our local veterans and their families. And, like most news, some of it is good — and some not so good.
The first of several breaking news stories involves the latest on the "Blue Water Navy" lawsuit. Unfortunately, it is not good news. Several years ago Congress ordered the Department of Veteran Affairs to stop compensating Navy Veterans who did not serve on land during the Vietnam War. These veterans suffered from the same diseases that plague those who did serve on land. But, according to somebody in power in Washington, they could not possibly have been exposed to the herbicides, which were sprayed over the entire land therefore their benefits were stopped. This affected all who were already receiving compensation for diabetes, prostate cancer, or any of the other diseases on the list of "presumptive service connected" approved by congress. Those who have not yet been approved for payment were barred from receiving any compensation for their disabilities. A lot of "tax payer dollars" were saved; a lot of veterans were left out in the cold.
Well, a group of veterans got mad and got organized. They elected a gentleman named Haas as their leader, combined their financial resources, and sued the VA. That was several years ago and the "Haas vs. Nicholson" (now Haas vs. Peake) lawsuit has worked its way up the judicial ladder. Until now, at every rung, the veterans won. They won because of the following facts: a) the herbicides (agent orange) were sprayed primarily in the air. The air currents blew the toxic substances out to sea (therefore infecting people on ships); b) the herbicides were primarily transported to Southeast Asia by ship (which means that those on the ship had to handle, load and off-load the cargo); and c) it is an accepted fact that the streams and rivers were polluted with the herbicides. In Vietnam, most of the rivers and streams empty into the South China Sea, therefore the sea would have also been polluted. The ships desalinized the salt water, but at that time other chemicals were not completely obliterated, so a ship's drinking and cooking water could have contained traces of the toxins and d) the planes, which flew from the ships through the sprayed areas and returned were contaminated. They were then handled, cleaned, etc. by the ship's crew. The National Veterans Legal Services Program (NVLSP) represented Commander Haas and the other veterans. But every time a court ruled, the government ordered the VA to appeal to the next level. Finally, on May 8, 2008; the U.S. Court of Appeals for the Federal Circuit issued a decision reversing the decision of the lower courts. The NVLSP, in a bulletin published immediately after the decision of the Federal Circuit Court, states they will file a motion to delay implementation of the May 8th decision. Once the Federal Circuit does render a final decision, either the VA or the group of Veterans will probably petition the U.S. Supreme Court to hear the case.
What does this mean? It means that a lot of folks who served honorably, and who handled these toxic materials, may die before being awarded justly deserved disability compensation. The law says that if a person suffers from any of the 11 diseases that are "presumed to be service connected" (as a result of exposure to herbicides) disability compensation is automatic after a claim is filed and processed. But, according to the ruling of May 8th, veterans who cannot show evidence of service on land in the Republic of Vietnam are excluded. Let's hope that the Federal Circuit decision is overturned, but in the meantime, if you are affected by this decision, and can prove that you ever set foot on land — even once — submit it to VA immediately. That will exempt you from "Haas vs Peake" and your claim can be processed without any more delay.
Another big news flash is good! It should shorten, significantly, the processing time of the disability claims of our younger veterans. Dr. Peake, the new Secretary of the VA, has decreed that if a service member is diagnosed with Post Traumatic Stress Disorder while still on active duty he/she is exempt from having to go through the Stressor Verification Procedure. This was effective Feb. 15, 2008, but the local VA Regional Office in Jackson has been very slow in complying with the directive. According to Dr. Peake's order, the VA must "presume service connection." AC &P; Exam (a consultive examination, usually by a VA doctor) may be done to determine the percent of disability, but the long wait for verification from the military that a stressful event actually happened is abolished. So, if you are a veteran who was diagnosed with PTSD while on active duty it is suggested that you get a copy of that medical record, or the medical evaluation board findings (in most cases of medical separation), and submit a copy with the claim. If you already have a claim pending, you might want to send VA a letter stating that were diagnosed on active duty (with a copy of the medical diagnosis, if possible) and claim your status under Dr. Peake's directive.
Several other things are happening that space constraints preclude us discussing today, but "stay tuned."
Bobby C. Jerone, Independent
Veterans Advocate and President of American Legion Auxiliary Unit
No. 257. She can be reached at (601) 679-5055 or bvj1101@bellsouth.net.
