Ao Cll Vets

[Berta]

IS VA arbitrary and capricious?

Does VA ever defy the Law ?

Yes and double yes as many AO Vets know------

AO vets were denied proper retro under the Nehmer Stipulation and only received their legally determined EED comp when NVLSP went into VA and legally kicked butt- with the law-Nehmer-

VA attempted the same thing with CLL vets-

CLL vets with NVLSP fighting the battle in their behalf have WON!

"Appeals court orders agent orange benefits

Judges take VA officials to task on unpaid retroactive claims

By Josh Richman, STAFF WRITER

Article Last Updated: 07/20/2007 02:40:33 AM PDT

The U.S. Department of Veterans Affairs was wrong to deny retroactive benefits to certain Vietnam veterans suffering from Agent Orange-related leukemia, the 9th U.S. Circuit Court of Appeals ruled Thursday in a class-action suit filed in the Bay Area.

In 2003, the VA issued a regulation finding chronic lymphocytic leukemia to be a disease associated with dioxin, a toxic substance in the Agent Orange chemical defoliant U.S. forces used in the jungles of Vietnam. But the VA didn't reconsider prior claims of Vietnam veterans suffering from that disease, nor did it pay them retroactive benefits.

A 1991 law and a court consent decree ordered that those suffering from diseases that are newly considered to be service-related could have their cases reconsidered and their back benefits paid. The VA, however, contended this didn't apply to diseases deemed to be service-related after the law's 2002 original sunset date.

U.S. District Judge Thelton Henderson of San Francisco disagreed in 2005, and the appeals court affirmed his judgment Thursday with some harsh words for the VA.

"Three different Congresses in three different decades have enacted legislation signed by three different presidents, designed to ensure the payment of such benefits to veterans afflicted with Agent Orange-related ailments," Circuit Judge Stephen Reinhardt wrote for himself and Circuit Judges John Noonan and Milan Smith Jr.

"What is difficult for us to comprehend is why the Department

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of Veterans Affairs, having entered into a settlement agreement and agreed to a consent order some 16 years ago, continues to resist its implementation so vigorously, as well as to resist equally vigorously the payment of desperately needed benefits to Vietnam War veterans who fought for their country and suffered grievous injury as a result of our government's own conduct."

from:http://www.insidebayarea.com/ci_6421417?source=rss

Edited July 20, 2007 by Berta

[Berta]

I couldnt post all there -for some reason

-here is the rest and this had been confirmed by Ray B. Davis etc

"The still-suffering veterans deserve better care than they're getting, he added. "We would hope that

this litigation will now end, that our government will now respect the legal obligations it undertook in the Consent Decree some 16 years ago, that obstructionist bureaucratic opposition will now cease, and that our veterans will finally receive the benefits to which they are morally and legally entitled."

VA spokeswoman Laurie Tranter said the department won't comment until it more fully reviews the ruling.

Vietnam Veterans of America was one of the plaintiffs, and Rick Weidman, the group's executive director for policy and government affairs, called Thursday's ruling "a great victory for veterans."

"The court ... clearly is as incredulous as we are at the breathtaking attitude on the part of the VA in continuing to refuse to carry out the consent decree that they agreed to," Weidman said. "It's time for the VA to move forward and carry out the consent decree tout de suite, as soon as possible, with no further delay, no further nonsense."

If it doesn't, he said, the courts should hold individual VA officials in contempt of court and punish them with fines or jail time.

Contact Josh Richman at jrichman@angnewspapers.com or (510) 208-6428. Read the Political Blotter at http://www.ibabuzz.com/politics.

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It IS Increduous as Weidman said-this whole fiasco should have never happened-

arbitrary, capricios and Incredulous.

Men and women one more documented instance where VA will defy established VA case law!

That is why it is so important to check your decisions well-

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[Berta]

I just picked this quote up from Larry Scott's site VA Watchdog:

"APPEALS COURT ORDERS PAYMENTS TO CHRONIC

LYMPHOCYTIC LEUKEMIA VETS IN AGENT ORANGE

CASES -- Court says: "The performance of the United

States Department of Veterans Affairs has contributed

substantially to our sense of national shame."

Tells us about it-it is a national travesty -the VA claims process- and becoming national news-

I heard this AO CLL news on CNN or Fox at 5:30 this AM-

Years ago any victory or even any disparaging story of a vet with VA claims problems never made it to the media-

"The times--- they are a comin'" Bob Dylan

(I heard Dylan goes to 'show and tell' sessions at his grandchildren's school and performs his old songs for the kids-

the kids get a little bored with his songs-shows you all how old I am- he is one of my favorites!)

[jbasser]

That is great news, I read the story and it also said the VA has the option to appeal to the Supreme Court. I hope they dont but if it drags it out they will.

[Ricky]

Any delay avenue offered to them which will allow them to withhold compensation and or medical care will be jumped on by them like a maggot on crap!

[Berta]

Yeah John- I think the Fed District court will overrule VA on Haas AO Blue Water vets now-

Because every single victory for a vet can mean victory for many other vets----

I cant wait for the day Haas becomes law again-it will be one of the happiest days of my life!

And as always NVLSP is battling for and quarding our flanks on these court issues and they will prevail!

[Cavman]

Berta:

This is a great decision and I am sincerely happy for these vets because I know how they have suffered and continue to hurt physically and mentally. At the same time I am more angry that I suffer tremendously every waking moment from my tonsil/lymphnode cancer which my doctors say was caused by lots of dioxins sprayed on me many times. Radiation destroyed a strong man, destroyed his saliva glands completely and burned all taste buds and layers of skin off his tongue forever. I will never be compensated for this damage and pain. Not to mention the side effects of how unbearable I am with my daughter, wife and other family members. I am on the verge of losing all of them. If I do my plan is to go to Michigan`s Upper Peninsula and become a loner living in the wilderness my remaining days so I don`t hurt anyone....anymore. Sorry, I just need to vent and you great people are all that understand.

Cavman