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July 3, 2009

Last hope for blue water vets

Veterans Corner

Bobbye C. Jerone — Veterans Corner

Like the Cavalry in an old western movie, House Veterans’ Affairs Committee Chairman Bob Filner [D-CA] has ridden to the rescue of the ‘Blue Water Navy’ Veterans. These are Veterans who have been excluded from receiving any disability compensation due to exposure to Agent Orange and the other toxic chemicals sprayed in Southeast Asia during the Vietnam War. Rep. Filner has introduced a new law [H.R. 2254] which, if passed, will restore equity to all Vietnam veterans that were exposed to Agent Orange.

Before 2002, it didn’t matter where a person served in the Vietnam War. If a person became disabled due to the exposure to the terrible poisons in the air and waterways, VA would pay disability compensation. In February 2002, Congress decided to ‘save our taxpayers money’ and ordered VA to implement a ‘foot on the ground’ policy. After this policy revision, only service members who actually set foot on the ground in Vietnam could get paid for the terrible medical conditions from Agent Orange and the other herbicides that were routinely sprayed. The soldiers, sailors, airmen and Marines serving in Thailand, Cambodia and Laos and the China Sea were exempt from payment even though they were contaminated by these toxins just like their brothers in arms who served on the ground, in Vietnam itself.

Those of you who read this column know that the lawsuit that followed was won by the Veterans at every rung of the judicial ladder until it got to the U.S. Circuit Court of Appeals. That Court sided with the VA and against the Veterans. The U.S. Supreme Court refused to hear the case early this year. So this bill, introduced by Congressman Filner is the last hope for the ‘Blue Water Navy Vets’.

This is the second time Congressman Filner has introduced a bill like this one – which will lay to rest the issue of ‘presumptive contamination’ once and for all. The first one, introduced last year, died in committee. If every person who thinks this issue is important doesn’t contact his/her congressperson this time and insist on passage, then this one will die also – and with it the hope of disability compensation for all these brave and very sick Veterans.

Time is running out. The Veterans who served on the ships just off shore are suffering from the same diseases as their ‘ground pounding’ brethren. They are dying by the thousands from the same diseases. Now a new disease has been added to the list of medical disorders presumed to be caused by exposure to the herbicides, known collectively as Agent Orange. That new addition is AL Amyloidosis, a usually fatal disorder. This brings to twelve [12] the number of diseases that are accepted to be caused by exposure to herbicides [Agent Orange] during the Vietnam War.

H.R. 2254 is intended to clarify the law so that the Blue Water Veterans and 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. If it passes, this bill will make it easier for VA to process Vietnam War Veterans’ claims for service connected disabilities that are linked to exposure to toxins during the Vietnam War. It will remove the arbitrary exclusion of a Veteran based solely on where he/she served – not whether or not he/she was exposed.

Chairman John Hall heads the Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee which has jurisdiction over these issues in Congress. He stated, “With this legislation, Congress will leave no doubt that the ‘Blue Water Navy’ and all combat Veterans of the Vietnam War 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.”

Rep. Filner also said, ‘Time is running out for these Veterans. Many are dying from their Agent Orange related diseases, uncompensated for their sacrifice. We are a country at war; we must prove that we will be there for all of our Veterans, no matter where they serve – or have served. The courts have turned their backs on our Veterans, but I believe this Congress will not allow our Veterans to be cheated of their earned benefits.”

The only way Chairmen Hall and Filner can win this battle is if every one of us private citizens contacts our Congressperson and encourages him/her to vote for Bill H.R. 2254. Please do not let this last hope of these brave Veterans die in committee.

Bobbye C. Jerone is an Independent Veterans Advocate; President, American Legion Auxiliary 257; and Public Information Officer of The Veterans Alliance of E. MS and W. AL. She can be reached at [601] 679-5055 or bvj1101@bellsouth.net.

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