Sen. Gillibrand's S. 1939, identical to Rep. Filner's H.R. 2254, will resolve VA's discriminatory "boots on the ground" ruling.

NOTE from Larry Scott, VA Watchdog dot Org ... We now have two identical bills (Senate and House) that if passed will resolve the VA's "boots on the ground" ruling ... that's the rule that allows the VA to deny Agent Orange presumptive benefits unless the vet can show "boots on the ground" in Vietnam.

I urge you to call your Rep. and Senators, and encourage them to get on board and support these bills.

Use our search engine for more about ...

... Agent Orange ... here ...
http://www.yourvabenefits.org/sessearch.php?q=agent+orange&op=ph

... Vietnam veterans ... here ...
http://www.yourvabenefits.org/sessearch.php?q=vietnam&op=and

We have a short news article and then the text of both the Senate and House bills.

-------------------------

Gillibrand seeks change in Agent Orange policy

By Brian Tumulty • Journal Washington bureau

http://www.lohud.com/article/20091023/NEWS05/91023032
2/-1/SPORTS/Gillibrand-seeks-change-in-Agent-Orange-policy

Wayne Rademaker underwent prostate cancer surgery in 2007, the Department of Veterans Affairs denied him coverage, even though he'd been exposed to Agent Orange in Vietnam in 1969.

"They changed the wording, saying if you didn't have feet on the ground, you weren't part of the war,'' Rademaker said.

Until that policy shift, Rademaker had received a free annual VA physical to check for service-related illnesses.

Some New York lawmakers want to reverse the VA policy.

Sen. Kirsten Gillibrand introduced legislation this week in the Senate to cover Navy, Air Force and other personnel who came into contact with Agent Orange at sea or while loading aircraft used to deliver it. Veterans who received the Vietnam Service Medal or the Vietnam Campaign Medal automatically would be covered.

An identical bill introduced in May in the House has 180 sponsors, including New York Reps. John Hall, D-Dover, Eric Massa, D-Corning, Mike Arcuri, D-Utica, Brian Higgins, D-Buffalo, Louise Slaughter, D-Fairport, Maurice Hinchey, D-Hurley, and Nita Lowey, D-Harrison.

Gillibrand said she became aware of the issue from a veterans' advisory committee she set up while serving as a House member representing the Hudson Valley.

"These veterans are being treated very poorly,'' she said.

Passage of the legislation - which would increase the VA's health care costs - may be difficult.

Recent scientific findings, such as a study this year by the Institute of Medicine, have added to the large body of evidence that exposure to Agent Orange increases the risk of health problems such as heart disease or Parkinson's.

New York's junior senator also has introduced another bill, the Agent Orange Children's Study, that would require the VA to examine the possibility that chronic illnesses such as multiple sclerosis and asthma in children can be traced to their parent's exposure to Agent Orange.

-------------------------

Agent Orange Equity Act of 2009 (Introduced in Senate)

S 1939 IS

111th CONGRESS

1st Session

S. 1939

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 27, 2009

Mrs. GILLIBRAND (for herself, Mr. SPECTER, Mr. SCHUMER, Mr. TESTER, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Agent Orange Equity Act of 2009'.

SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED IN THE VICINITY OF THE REPUBLIC OF VIETNAM.

(a) Clarification- Section 1116 of title 38, United States Code, is amended--

(1) in subsections (a)(1) and (f), by striking `a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975' and inserting `a veteran described in subsection (g)'; and

(2) by adding at the end the following new subsection:

`(g) A veteran described in this subsection is a veteran who--

`(1) during active military, naval, or air service--

`(A) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period beginning on January 9, 1962, and ending on May 7, 1975; or

`(B) served in Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or

`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect as of September 25, 1985.

-------------------------

Agent Orange Equity Act of 2009 (Introduced in House)

HR 2254 IH

111th CONGRESS

1st Session

H. R. 2254

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam.

IN THE HOUSE OF REPRESENTATIVES

May 5, 2009

Mr. FILNER (for himself, Ms. CORRINE BROWN of Florida, Mr. KAGEN, Mr. LATHAM, Mr. ROE of Tennessee, Ms. BORDALLO, Mr. HALL of New York, Mr. KENNEDY, Mr. REYES, Mr. PASTOR of Arizona, Mr. ORTIZ, Ms. LORETTA SANCHEZ of California, Mr. MICHAUD, Mr. TIM MURPHY of Pennsylvania, and Mr. PLATTS) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Agent Orange Equity Act of 2009'.

SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED IN THE VICINITY OF THE REPUBLIC OF VIETNAM.

(a) Clarification- Section 1116 of title 38, United States Code, is amended--

(1) in subsections (a)(1) and (f), by striking `a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975' and inserting `a veteran described in subsection (g)'; and

(2) by adding at the end the following new subsection:

`(g) A veteran described in this subsection is a veteran who--

`(1) during active military, naval, or air service--

`(A) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period beginning on January 9, 1962, and ending on May 7, 1975; or

`(B) served in Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or

`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect as of September 25, 1985.

-------------------------

TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Agent Orange Equity Act of 2008, Blue Water Navy, boots on the ground, Vietnam