|
Printer-Friendly Version
WHY ISN'T CONGRESS INTERESTED IN SUPPORTING
"BLUE WATER NAVY" VETERANS? -- Offshore Vietnam
vets still
looking to find sponsor for bill granting fair
compensation.
The saga of the "Blue Water Navy" veterans is
long and involved.
For background...click here...
http://www.yourvabenefits.org/sessearch.php?q=blue+water&op=ph
In 2002, the VA changed the rules on who was a
Vietnam veteran when it came to presumptive illnesses related to Agent
Orange exposure. They instituted the now infamous "Boots on the
Ground" rule.
That rule cut out the "Blue Water Navy"
veterans...those who served offshore but were also, in many cases, exposed
to Agent Orange.
The case (Haas) appealing the VA's ruling
is now in Federal Court...more here...
http://www.yourvabenefits.org/sessearch.php?q=haas&op=and
But, what is happening legislatively?
Nothing.
Last year, Sen. Daniel Akaka (D-HI), as a
"courtesy" to the President, introduced S. 2026.
This bill says: "...a veteran will be
considered to have served in the Republic of Vietnam only if the veteran
was physically present on land in Vietnam, or on its inland waterways
and not if the veteran served only on the waters offshore or in airspace
above."
Akaka was caught off guard by the outcry of
indignation from the veterans' community and immediately backed away from
the legislation, reiterating that he only introduced it as a "courtesy".
This bill appears to be stuck in Committee with
little chance of getting out.
That's the good news. Now, here's the bad
news.
No one has come forward to offer alternate
legislation that has been proposed by the "Blue Water Navy" vets.
 So,
where is Sen. Akaka now? Why hasn't he offered to introduce the
"Blue Water Navy" bill as "courtesy" to the veterans?
Personally, I would rather be courteous to my
fellow veterans.
The proposed bill is called The Agent Orange Fair
Compensation Act.
Below you will find a template letter that you
can send to Sen. Akaka. You should also correct the letter to
accurately indicate your service or your reason for interest in the
legislation.
Below that is a copy of the bill that should be
included in the letter. If you are using email,
here is a Word attachment
you can use...
And, take a minute to call Akaka's office and
urge him to sponsor this bill. The toll-free number for the Capitol
Building is 1-866-220-0044 (ask for Sen. Akaka's office).
Template letter and copy of proposed bill below:
-------------------------
TEMPLATE LETTER:
Dear Senator Akaka:
I respectfully request that you introduce the attached legislation,
entitled "The Agent Orange Fair Compensation Act" to the Senate Body, upon
request of me as an American citizen and Vietnam war veteran, and as a
member of the class referred to as the "Blue Water Navy."
I wish to thank you in advance for your actions in introducing this
necessary legislation as a courtesy to myself and thousands of my fellow
Americans and veterans of the Vietnam War, and for moving it to committee
for further development.
Sincerely,
PROPOSED LEGISLATION BELOW:
110th CONGRESS
1st Session
S. xxxx
The Agent Orange Fair Compensation Act To amend title 38, United States
Code, chapter 11, to clarify that an award of benefits based on a
regulatory presumption established pursuant to 38 U.S.C. 1116 after
September 30, 2002, can be made effective earlier than the date the
regulatory presumption was established, in effect, to the date of the
first claim; and to clarify that the presumption of herbicide exposure
provided by 38 U.S.C. 1116(f) applies to veterans who served in Vietnam on
land or on Vietnam's inland waterways and to those who served only in
waters offshore or in airspace above.
IN THE SENATE OF THE UNITED STATES
December x, 2007
Mr. XX (by request) introduced the following bill; it is co-sponsored by
Senator XX
A BILL
To amend title 38, United States Code, chapter 11, to clarify and show the
intent of Congress that an award of benefits based on a regulatory
presumption established pursuant to 38 U.S.C. 1116 after September 30,
2002, must be made effective earlier than the date the regulatory
presumption was established, in effect, to the date of the first claim;
and to clarify that the presumption of herbicide exposure provided by 38
U.S.C. 1116(f) applies to veterans who served in Vietnam on land or on
Vietnam's inland waterways and to those who served only in waters offshore
or in airspace above. The determining factor will be receipt of the
Vietnam Service Medal, or the Armed Forces Expeditionary Medal issued for
service in the Vietnam War.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
1. Short Title- This Act may be cited as the `Agent Orange Fair
Compensation Act'.
2. References- Wherever in this Act an amendment is expressed in terms of
an amendment to a section or other provision, the reference shall be
considered to be made to a section or other provision of title 38, United
States Code.
SEC. 2. CLARIFICATION OF AUTHORITY TO ESTABLISH PRESUMPTIONS BASED ON
HERBICIDE EXPOSURE; CONFIRMATION OF RETROACTIVE PAYMENT.
1. Section 1116 is amended by adding at the end the following new
subsection:
(g) Presumptions established pursuant to this section shall be considered
to be presumptions established pursuant to the Agent Orange Act of 1991.
Awards based on such presumptions are subject to section 5110 of this
title and shall not in any event be made effective earlier than the
effective date of the regulation establishing the presumption, but must be
made back to the date of first claim, whichever is later.
2. Applicability- The provisions of section 1116(g) as added by this Act
apply to any determination made on or after the date of enactment of this
Act, or prior to it back to the date of first claim except as the
provisions of section 5110 apply, concerning a person's entitlement to
benefits administered by the Secretary.
SEC. 3. CLARIFICATION OF DEFINITION OF SERVICE IN THE REPUBLIC OF VIETNAM.
1. Paragraph (f) of section 1116 is amended by adding to the end of that
paragraph the following:
`For the purposes of this presumption, a veteran will be considered to
have served in the Republic of Vietnam if the veteran was physically
present on land in Vietnam, or on its inland waterways, or if the veteran
served only on the waters offshore or in airspace above, and received
either the Vietnam Service Medal or the Armed Forces Expeditionary Medal
for service in Vietnam.'.
2. Applicability- The provisions of section 1116(f), as amended by this
Act, apply to any claim filed on or after February 6, 1991, that is still
pending on the date of enactment of this Act, including a claim to reopen
or revise a previously denied claim, and to any claim filed on or after
the date of enactment of this Act. A claim is pending if it has not been
the subject of a final VA decision granting or denying benefits, or if
such a decision is currently on appeal before a court. Previously open
claims closed subsequent to 2002 shall be reinstated in full. Benefits
will be paid to the date of first claim in all cases under this authority,
minus any previously paid claims, within the boundaries of section 5110.
In all cases under this authority, failure to file an appeal subsequent to
a denial after 2002 shall not interrupt retroactive benefits.
-------------------------
posted by Larry
Scott
Founder and Editor
VA Watchdog dot Org
Don't forget to read all of today's VA
News Flashes (click here)
Click here to make VA Watchdog dot Org your homepage
email Larry
(go
back to VA Watchdog dot Org Home Page) |
