From: Vietnam Veterans of America - Texas State Council [tscsec@vvatsc.org]

Sent: Wednesday, March 27, 2019 4:25 PM

To: kerwintx@aol.com

Subject: VVA TSC Government Affairs Report: Blue Water Navy Articles

 

Please distribute to your members.  Thank you.

 

Kerwin Stone

President

VVA Texas State Council

-------- Original Message --------

Subject:

Fwd: VVA TSC Government Affairs Report: Blue Water Navy Articles

Date:

2019-03-27 02:43 PM

From:

Kerwin Stone <kerwintx@aol.com>

To:

tscsec@vvatsc.org

 



-----Original Message-----
From: John Miterko <paladin_jam@yahoo.com>
To: Kerwin Stone <kerwintx@aol.com>
Sent: Wed, Mar 27, 2019 2:41 pm
Subject: VVA TSC Government Affairs Report: Blue Water Navy Articles

VVA TSC President Kerwin Stone: please share with VVA TSC Chapters, and urge our grassroots members to spread this information to Blue Water Navy Veterans.

 

 

John A Miterko

VVA TSC Government Affairs Chair

State Legislative Coordinator

 

VVA Texas State Council Government Affairs Reports

 

VA Blue Water Claims Update ?  Court Ruling Fuels Renewed Effort for Bill 

     In a 9-2 ruling, the U.S. Court of Appeals for the Federal Circuit ruled in favor of 73-year-old Alfred Procopio Jr., who served on the aircraft carrier Intrepid off Vietnam. He had been denied benefits by the VA for lack of scientific evidence that his diabetes and prostate cancer were related to exposure to the toxic defoliant Agent Orange. In her ruling for the majority supporting Procopio's claim, Judge Kimberly A. Moore wrote, "We find no merit in the government's arguments to the contrary." John Wells, a lawyer and Navy veteran who argued the case for Procopio, said that "innumerable veterans were denied palliative and potentially lifesaving benefits" in the long struggle for coverage. In a statement after the ruling, Wells, head of the Military Veterans Advocacy group, said, "The many people who fought this battle alongside us and the veterans whose lives have been forever changed by the VA's policy are all due thanks and credit."  Major veterans organizations hailed the court's decision and urged Congress to move quickly on legislation for the aging Blue Water veterans. The court ruling "resolves a decades-long controversy that has visited a grave injustice" on Blue Water veterans.". [Source:  Military.com | Richard Sisk | January 30, 2019 ++] 

 

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 VA secretary recommends DOJ not challenge ruling on 'blue water' benefits

By NIKKI WENTLING | STARS AND STRIPES Published: March 26, 2019

WASHINGTON — Department of Veterans Affairs Secretary Robert Wilkie recommended the Justice Department not contest a federal court ruling that could extend benefits to Vietnam veterans who served on ships offshore during the war, he announced Tuesday.

The Court of Appeals for the Federal Circuit ruled 9-2 in January that "blue water" Navy veterans are eligible for benefits related to the chemical herbicide Agent Orange. The decision could pave the way for disability compensation for tens of thousands of veterans who served aboard aircraft carriers, destroyers and other ships but had been deemed ineligible for the same disability benefits as those who served on the ground and inland waterways.

The Justice Department and the VA, which disputed the veterans' eligibility for the benefits, could challenge the decision before April 29 by seeking a review of the case from the U.S. Supreme Court.  Wilkie said publicly for the first time Tuesday that he opposed a Supreme Court review. The announcement came during his testimony to the Senate Veterans' Affairs Committee.   "Is it true, Secretary Wilkie, that the blue water Navy court decision isn't being challenged?" asked Sen. Johnny Isakson, R-Ga., the chairman of the committee.  Wilkie replied, "That would be my recommendation from VA."

His stance differs from last year, when Wilkie fought efforts in Congress to extend benefits to blue water Navy veterans. At the time, he cited high costs and insufficient scientific evidence linking the veterans to Agent Orange exposure.  Since the court ruling in January, some lawmakers and veterans organizations have urged Wilkie and President Donald Trump to end the court battle. Wilkie announced during his testimony before the Senate Veterans' Affairs Committee on Tuesday that he recommended the Justice Department not pursue the case.  Sen. Mazie Hirono, D-Hawaii, asked him to "use your persuasive powers to make sure that happens."

"I think your recommendation will be key," said Sen. Richard Blumenthal, D-Conn. "I would express ... that the recommendation be adopted and endorsed heartily by this committee to bring fairness and justice to our blue water Navy veterans. It would culminate a bipartisan crusade."

Some veterans have fought for years to secure the benefits.  The subject of the Court of Appeals case was Alfred Procopio Jr., 73, who served on the USS Intrepid during the Vietnam War. Ten years ago, the VA denied his disability claims for diabetes and prostate cancer.  At issue in his case was interpretation of the current law, which allows easier access to disability benefits for veterans who "served in the Republic of Vietnam" and suffer from any illness on a list of those linked to Agent Orange. The herbicide has been found to cause respiratory cancers, Parkinson's disease and heart disease, as well as other conditions.

The court determined that territorial seas should be included in the definition of "Republic of Vietnam" — a point the government disputed.  John Wells, one of the lawyers for Procopio, lauded Wilkie's announcement Tuesday.  "We thank the secretary for bringing this tragic episode to a close and look forward to working with him on issues dealing with implementation," Wells said.  Wells estimated that between 50,000 and 70,000 veterans could become eligible for benefits.

Isakson said if the court case goes unchallenged, the process of extending the benefits will be a formidable task.  "If that happens, we're going to be in the process of beginning to swallow a big bite," he said.  Likewise, Wilkie said the VA must work with Congress and might require creating a "historical division" that works with the Defense Department to comb through Navy records. He said Tuesday that he had opposed extending the benefits because, "I don't think people had the way ahead laid out."  "I thought it was coming fast and furious, and I had not been given the opportunity to say, 'If this happens, we have to come back to Congress to talk about what happens to appeals,'?" Wilkie said. "We're going to have to create, really, a historical division."

 

 


VA to Announce Decision on New Agent Orange Presumptive Conditions

Three years after a scientific body recommended that the Department of Veterans Affairs consider adding three conditions -- bladder cancer, hypothyroidism and Parkinson's-like symptoms -- to the list of qualifying diseases tied to Agent Orange, affected veterans may soon find out whether they are eligible for disability compensation and VA health care.

During a Senate Veterans Affairs hearing Tuesday on the VA budget, Dr. Richard Stone, the executive in charge of the Veterans Health Administration, said a decision on the three illnesses likely would come in the next 90 days.

Responding to a question from Sen. Sherrod Brown, D-Ohio, Stone said the VA is working "through this right now, and it would be my hope" to have a decision within three months. He added that the recommendation will go to VA Secretary Robert Wilkie for final approval.

"It's took this country far too long to come to terms with Agent Orange," Brown said.

In March 2016, the National Academy of Medicine found evidence that two conditions, bladder cancer and hypothyroidism, are likely linked to Agent Orange exposure and that a third condition, Parkinson-like symptoms, also should be included on the list of diseases presumed to be related to contact with the herbicide.

The announcement brought hope to thousands of veterans living with bladder cancer and thyroid problems, as well as those who have essential tremors and other symptoms similar to Parkinson's, but who haven't been diagnosed with the disease.

In late 2017, former VA Secretary Dr. David Shulkin said he had made a decision on whether to add the three conditions to the list of 14 Agent Orange-related illnesses, but it was never announced.

Military.com 26 March 2019 By Patricia Kime

 

VA Blue Water Claims Update  ?  Now is the Time to File VA Form 21-0966

On January 29, in a 9-2 decision, the U.S. Court of Appeals for the Federal Circuit ruled in favor of the veteran in Alfred Procopio, Jr., v. Robert Wilkie, finding the intent of Congress in the Agent Orange Act of 1991was to extend benefits to all veterans who served within the territorial waters of Vietnam, 12 nautical miles from shore.  VVA recommends those veterans who think they may have served on a vessel in Vietnam's territorial waters reach out to their local Veterans Service Officer to file VA Form 21-0966,Intent to File a Claim. If VVA is your representative, go to Service Officer Locatoron www.vva.orgto find your local representative. If you do not wish to work with a service officer, you may fill out the VA Form 21-0966 form and submit it to the VA.  VVA recommends Blue Water Navy veterans submit the VA Form 21-0966 if they have never filed an Agent Orange claim or if they have been denied an Agent Orange claim. If you are a spouse of a Blue Water Navy veteran who died from an Agent Orange-related illness, they recommend you also file a VA Form 21-0966. By submitting VA Form 21-0966, you preserve your effective date. You have one year from the day you submitted your VA Form 21-0966 to submit your claim for benefits. By submitting this form, you will be putting yourself in the best possible position while waiting to see how the VA responds to the Court's decision.  To help your claim's success, it is recommended you start gathering evidence such as deck logs, service records, or anything else that could help prove the location of your vessel. VVA will keep you updated on suggested next steps as they continue to learn more information. [Source: VVA Press Release No. 19-4 | Mokie Porter | February 6, 2019 ++]

 

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Vietnam Veterans of America Texas State Council
E-mail: tscsec@vvatsc.org
 

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