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Delay In New Agent Orange Presumptives?

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JustPLS

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I read this today on Military.com's newsletter (Copyright 2010 Tom Philpott) and hadn't heard it before. Has anyone else heard of this? I am paraphrasing a bit, but a link to the entire article is below.

Webb: Delay Agent Orange Claims, Stop Bigger Pay Raises

Sen. Jim Webb (D-Va) could become a new champion, for taxpayers, against what he perceives as excessive spending on a new wave of Agent Orange claims.

Webb risked the anger of thousands of veterans from that war when he won Senate approval last week of an amendment to block, at least temporarily, the Department of Veterans Affairs from paying new disability claims on three prominent diseases presumed linked to wartime herbicide exposure.

As many as 86,000 Vietnam veterans with ischemic heart disease, Parkinson's disease or B-cell leukemia are awaiting a final VA regulation to receive disability compensation based on a decision last fall by VA Secretary Shinseki of evidence linking these diseases with exposure to deadly defoliant used during the war.

VA officials not only have published interim regulations already but, for months, have been encouraging veterans stricken with these diseases, or their surviving spouses, to file new claims or re-file claims as soon as possible because benefits would be paid back to claim filing dates.

But Webb proposed, and senators accepted May 27, an amendment to the fiscal 2010 war supplemental funding bill (HR 4899) to limit spending on claims filed for these new presumptive Agent Orange diseases for 60 days. That will allow Congress time to study the VA decision and examine more closely the link found between these diseases and herbicide exposure.

What worries Webb, said one Capitol Hill source, is that, based on modest scientific evidence, VA could be paying claims on diseases that a large proportion of any population will contract through normal aging.

Webb's amendment language, if agreed to by the House, would invoke the Congressional Review Act which allows a funding freeze on any major government regulation or initiative so Congress can review the proposed changes. If in 60 days opposition strengthens and a majority of lawmakers will risk the wrath of expectant veterans with these ailments, Congress could pass a joint resolution to prevent a final regulation from taking effect.

a link to the entire article: http://www.military....00.html?wh=news

Edited by JustPLS
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Reading this news is very upsetting and disappointing. The thing to do now is snail mail Senator Webb's office and since it has not passed the house yet, mail, call, email your congressman urging them to vote against this amendment. If he is up for re-election in November, we can hope Virginia will vote him out of office. I cannot believe this rule has gotten this far and now possibly being blocked by a Viet Nam Vet! I am still hoping the rule goes to the OMB by the end of June and claims will start being paid by October at the latest. Probably wishful thinking. I am hoping the people up for re-election will not want to anger the Vets, especially since the rule is now so close to being published. Find out how your congressmen and women stand on this amendment. We can vote them out.

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If this is any consolation I contacted the American Legion, Legislative Branch in Washington yesterday by e-mail regarding Webbs amendment. I received a timely response today which in essence says that a letter from the American Legion protesting this amendment is on it's way to Webb's office. It further states that the National Commander will be making a public statement regarding the delay tactics and the diservice it does to Vietnam Vet's who were exposed to the use of Tactical Herbicides. Every little bit helps. The Vietnam Veterans of America have not responded yet. I have also given my Senator's McCain and Kyl fourteen working days to respond to why they posed no objections to this amendment. McCain is up for re election and he has been put on notice by at least ten of us. Time to quit playing niggy sob and get in the game folks.

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I emailed Congressman Boren from Oklahoma about this specific amendment by Webb. His reply was to give me all the Vetrans legislation he has supported in the past. I emailed him again and told him he did not answer my question. I want to know his position on this amendment when it comes for a vote by the House of Representatives. Awaiting his reply. Watch for them to dodge the question with a form type standard one size fits all reply. Ugh, is this a delay or an attempt to kill the final rule being published?

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I emailed my Congresswoman Brown-Waite about H.R. 4899 and S.A 4222 and her response was about H.R. 2254, the Agent Orange Equity Act of 2009. Seems to me Congress is totally in the dark about this issue or they are just keeping silent about it. Anyway she voted against H.R. 4899 the first go round. 

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Here is the reply I received from my congressman;

June 17, 2010

<BR style="PAGE-BREAK-BEFORE: always; mso-break-type: section-break" clear=all>

Dear Mr. Morris:

Thank you for contacting me with your concerns regarding Agent Orange. I appreciate having the benefit of your views on this issue.

Agent Orange was a herbicide used during the Vietnam conflict to remove unwanted plant life which provided cover for enemy combatants. According to the Department of Veterans' Affairs (VA), from 1962 to 1971, almost 20 million gallons of herbicides were dropped on North and South Vietnam. Studies have linked exposure to Agent Orange to certain types of cancer and other illnesses including type-2 diabetes and certain skin disorders, and not long after the conflict in Vietnam ended, some veterans began reporting health complications which could be linked to exposure to the herbicides.

The Veterans' Health Care Eligibility Reform Act of 1996 allows the VA to offer medical care and services to veterans exposed to Agent Orange and other herbicides during their service in Vietnam. Additionally, some veterans may receive disability compensation for service-connected disabilities that may be linked to Agent Orange exposure. However, the VA may deny care for certain illnesses if medical institutions determine that the illness is not necessarily linked to exposure to herbicides.

As you may know, H.R. 2254, introduced by Rep. Bob Filner (D-CA), would require the VA to provide medical treatment for certain gastrointestinal cancers whose connection to exposure to herbicides had been deemed inconclusive by other medical institutions. H.R. 2254 has been referred to the House Veterans' Affairs Committee for review.

I understand your concerns about veterans receiving the medical care that they need. That is why I continue to support efforts to provide veterans with the benefits and funding they deserve.

Recently, the House passed H.R. 3082, the Fiscal Year 2010 Military Construction and Veterans Affairs Appropriations Act, which provides funding for various veterans programs as well as other defense related projects. Specifically, this bill provides $108.9 billion in funding for Veterans Affairs of which $45.1 billion has been allocated for the Veterans Health Administration. This represents a 7.5 percent for the Veterans Health Administration, and 13.5 percent increase in total Veterans Affairs appropriations over last year's funding levels. I supported H.R. 3082 when it passed the House of Representatives on July 10. This legislation is now awaiting consideration in the Senate.

Like you, I am committed to remembering the service and sacrifice of all American veterans, and, although I am not a member of the committee with jurisdiction over this issue, please be assured I will keep your views in mind should this or any other relevant legislation come before me again in the full House of Representatives.

As the son, grandson, and brother of veterans, I share your commitment to the brave men and women who have sacrificed themselves to make our country and the world a better, safer place to live. That is why I wanted to update you on recent actions I have taken to ensure veterans receive the funding they deserve, and I have taken the liberty of enclosing a copy of my record of support for proposals that benefit our nation's veterans.

There is no group of Americans to whom we owe a greater thanks than our 1.1 million active duty servicemen and 25 million living military retirees and veterans who have put their lives on the line to protect our freedoms. As a Congressman, one of my top priorities is to ensure that our nation's military service veterans receive the benefits and care that they deserve.

When Congress considers issues of importance to veterans, I reflect upon Calvin Coolidge's maxim, "The nation which forgets its defenders will itself be forgotten." I agree, and will do my utmost to make sure that our defenders are remembered.

Thank you again for contacting me. I appreciate having the opportunity to serve you in the United States House of Representatives.

Yours respectfully,

JEB HENSARLING

Member of Congress

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  • HadIt.com Elder

I wonder if that was a form letter. It did not address the IHD delay. Actually, I think most in congress and the VA wish we RVN vets would just hurry up and die, so they can make room for OIF/OEF vets.

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