Readers of Tom Philpott's Military Update column sound off.

I am a disabled Vietnam veteran.  I was put out of the Navy due to my disability 31 years ago.  Since then I have developed diabetes, for no apparent reason.  My doctor says I don't have the usual indicators for getting this disease.  I am a little over weight but not obese. There is no history of diabetes in my family.  I eat fairly healthy.

So when diagnosed in 2001 with this disease, my doctor and I were at a complete loss as to how I became a diabetic.  Since then I have found out that Agent Orange is a contributor to this disease.  I went through Disabled American Veterans to file a claim with VA for a service-connected disability. That was more than a year and a half ago. 

  The VA’s policy is if you did not have “boots on ground” Vietnam then there was no exposure to Agent Orange.  I was in the Navy and we patrolled the coastlines of the entire country.  Exposure was just as likely to us as the ground solider as the “stuff” didn’t just stay on the trees.  It blew in the wind.

The DAV says my local VA regional office has everything they need to make a favorable determination in my case -- confirmed diagnosis, severity of my condition, proof of service aboard USS Reeves (DLG 24) in the waters off Vietnam -- except the blessing from the VA secretary to move forward with these decisions.  A federal circuit court said these veterans should be paid but there is a stay on all such claims until a motion is filed and heard by the U.S. Supreme Court.

Can you help explain what is the VA going to do to compensate me and the other Navy veterans?

MARK WADLOW
Puget Sound, Wash.

The U.S. Court of Appeals for the Federal Circuit ruled 2-1 on May 8 that the Department of Veterans Affairs acted lawfully and reasonably in 2002 when it cut off Agent Orange-related disability payments and began to deny new claims from veterans who served on ships off the coast of Vietnam but never actually “set foot” in country.

That decision reversed a 2006 ruling by the U.S. Court of Appeals for Veterans Claims in Haas v. Nicholson.  That claims court had rejected VA's interpretation of qualifying service in Vietnam under the Agent Orange Act as “unduly restrictive.”

On Oct. 9, 2008, the federal circuit appeals court denied a petition for rehearing filed by claimant Jonathan L. Haas, a retired Navy Reserve commander.  On October 17, 2008, Haas’s lawyer with the National Veterans Legal Services Program petitioned with the U.S. Supreme Court to review and overturn the Federal Circuit’s decision.  VA’s response to that petition is due Nov. 21, 2008. – Tom Philpott.

DON’T FEEL TOO OLD

My issue is the age restriction to enter the Air Force.

I would love to join but I am too old at 33. I am healthier than many I see wearing the U. S. Air Force uniform.  When I can walk across the parking lot at the base exchange, and see an over-weight, out-of-shape airman or soldier panting and sweating, and I remember I am “too old,” it is very upsetting.

I feel like I am discriminated against age wise. If I can pass a PT test, which I know many can't, and I am willing to serve my country, I should be able to join the Air Force.  It is unjust.

Too bad something cannot be done about it.  I sent a similar complaint to Sen. John McCain’s Arizona office and my issue has never been addressed, not even in an election year.

Anyone else disgruntled over this issue?

SHELLEY K.
Tucson, Ariz.

DIVIDING DISABILITY PAY

I am an ex-spouse of a retired Marine.  We were married for 25 years.  We had gone to court numerous times to settle on his retirement, but could never agree.  We finally went to mediation approximately four years ago.  I am receiving 50 percent of his retirement.

During mediation he mentioned that I could not touch his disability pay, due to a 10 year cap.  I did not know what he was talking about, but now I do know.  I would like to know if I now am entitled to part of his disability pay.  He is rated as 100-percent disabled.

G. YOUNG
Via e-mail

The Uniformed Services Former Spouses' Protection Act excludes both DoD disability retired pay and VA disability compensation from the definition of “net disposable retired pay.”    And under the USFSPA, only net disposable retired pay can be divided with a former spouse when the Defense Finance and Accounting Service receives a valid court order.

Some divorce courts have circumvented the prohibition against division of disability pay as property by ordering that disability pay be shared to satisfy alimony obligations. – T. P.

COLA SET

Has Congress decided what the cost-of-living adjustment for 2009 will be for retired military will be yet? Thanks for your articles and up-to-date info!

CAROLYN WOOD
Alabama

The retiree COLA will be 5.8 percent, effective Dec. 1, 2008, and payable in January. – T.P.

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.