Readers of Tom Philpott's Military Update column sound off

WHY MANY VIETNAM-ERA VETS HAVE A STAKE IN HAAS CASE

I served on the USS Tripoli (LPH 10) off Vietnam during that war. Though we streamed in blue waters, I touched ground in Da Nang and China Beach, flying in to get supplies and mail every other day.

In the last three years I've become a brittle diabetic. I have had a bone removed from my right foot and two toes amputated. I have become dysfunctional with other diabetes-related problems. I'm drawing social security disability and can no longer work or perform some activities I used to do.

I understand there is court case and legislation concerning veterans from the Vietnam-era who have several types of health disabilities. What can you tell me about my situation? All I ever read is about Iraq war veterans and their disabilities.

L. WEDGEWORTH
Via e-mail

The U.S. Court of Appeals for Veterans Claims on Aug. 16, 2006 decided in Haas v. Nicholson that veterans who received the Vietnam Service Medal (VSM) are presumed to have been exposed to herbicides used as defoliants, including Agent Orange, even if they served only on ships in offshore waters. The VSM was awarded to all military members who served from July 3, 1965 through March 28, 1973, in Vietnam, its contiguous waters or airspace; or in Thailand, Laos or Cambodia or airspace over those countries, in direct support of operations in Vietnam. Usually a day of regular service was sufficient to qualify for the VSM.

The Department of Veterans Affairs has appealed Haas to the U.S. Court of Appeals for the Federal Circuit. VA argues that the claims court misinterpreted federal law and VA regulations.  It sees an insufficient factual basis for presuming, categorically, Agent Orange exposure for veterans who served solely in Thailand, Laos, Cambodia, or on ships that passed through Vietnam's territorial waters but didn't come ashore or serve on smaller vessels that navigated Vietnam's inland waterways.

Also, VA argues that Congress never intended to extend the presumption of herbicide exposure to veterans who did not serve in areas where herbicides were known to have been used.

Once exposure is presumed, service connection too is presumed for many common diseases such as diabetes, lung cancer and prostate cancer. The VA estimates that if Haas is upheld, more than 800,000 veterans potentially could be affected. VA benefit costs could climb by $3.3 billion over 10 years and administrative costs would rise by $230 million over five years.

The appeals court recently heard oral arguments in the case. The VA's Office of General Counsel doesn't expect a ruling for at least a few more months.  Meanwhile, at the VA's request, Sen. Daniel Akaka (D-Hawaii) last September introduced, S. 2026, "The Agent Orange Equitable Compensation Act," aimed at neutralizing the Haas through legislation. If passed, it would block VA disability awards based on herbicide exposure in offshore waters or other the locations. It would direct the VA to make case-by-case determinations, based on evidence, on whether a veteran was exposed to herbicides. So far, the bill has no sponsors.

- Tom Philpott

BACK PAY FOR UNEMPLOYABLE

Do you know when disabled retirees rated IU (unemployable) will receive retroactive full concurrent receipt payments?

RICKEY HARRIS
Senior Master Sergeant, USAF-Ret.
Via e-mail

Section 642 of the fiscal 2008 defense authorization bill (HR 1585), which is moving toward final passage, will make veterans with service-connected disabilities rated as total by reason of unemployability eligible for full concurrent receipt of retired pay back to Jan. 1, 2004.

The same provision directs that the retroactive payments not be made before Oct. 1, 2008. Therefore lump sum payments very soon after that date can be expected. - T. P.

LONG WAIT

I am reluctant to complain about the VA because I have gotten good treatment from their medical personnel for over 30 years. Also I understand there is a push to right the ship and take care of our current returning wounded the way they should be treated. I retired from the Air Force in 1975 with several disabilities that were rated 20 percent.  Several years later, after suffering a stroke, my overall rating was raised to 50 percent.

This past January I had a kidney removed because of renal cell carcinoma which my surgeon said was related to my diabetes which is service connected. I asked the VA to review my disability rating last February because of my worsening condition. This is where my problem started. 

I waited until November to get in to see a doctor for a medical evaluation. The physician was very nice but I did not receive a thorough physical. She was not receptive to my claim that my kidney problem was connected to diabetes but she said she would check it out.

I am still waiting for a decision on my claim. With every call to the VA regional office get the same answer that my case is being reviewed and I should get a decision in a few weeks.

When I see reports that it is takes three to six months to resolve claims, I cannot believe they truly are being processed that quickly. Is the VA just throwing out numbers to keep the masses quiet?

L. PATILLO
Senior Master Sergeant, USAF-Ret.
Via e-mail

It currently takes the VA just over six months to process a claim.  But that figure is an average. Therefore many veterans are experiencing longer waits.

- T.P. 

MORE TIME TO USE GI BILL

I strongly recommend that our elected officials update and extend veterans education and training benefits for a period of 15 years.

Many veterans like me put military service and care of family ahead of getting an education while on active duty. Many also go to work as soon as possible after separating or retiring from service, to support our families and care for loved ones who need medical assistance or care.

I left my job of two years due to personal and health reasons. I assist my wife who is on oxygen 24 hours a day and ineligible for Social Security or unemployment benefits. Her health is getting worse.

I have a service-connected disability rating of 80 percent. But my health is good enough to get an education and seek employment. However, my educational benefits expire on April 30, 2009. These benefits would help many more of us if available for 15 years after military retirement or separation.

DEMPSEY J. BARSH
Command Sergeant Major, Ret.
Via e-mail

Letters may be edited for clarity or length.  Write to Military Forum, P.O. Box 231111, Centreville, VA  20120-1111, send e-mail to militaryforum@aol.com or visit www.militaryupdate.com.