"Appeals Court Says VA Must Comply with 1991 Consent Decree"
The 9th U.S. Circuit Court of Appeals recently ordered the Department of Veterans Affairs to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange. The VA had fought for 16 years against paying benefits retroactively to veterans who had claimed that their leukemia was caused by the toxic herbicide.VA Refused to Pay Retroactive BenefitsAlthough the VA agreed in 2003 to provide benefits to the vets diagnosed with CLL (chronic lymphocytic leukemia) caused by Agent Orange, the VA didn't then review previous claims from vets with CLL, and it declined to pay them retroactive benefits.Court Chastises the VA in RulingJudge Stephen Reinhardt, writing the appeals court decision, chastised the VA over its longstanding opposition to paying the benefits, stating, "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."The opinion went on to say "The performance of the United States Department of Veterans Affairs has contributed substantially to our sense of national shame."It is not yet known how many veterans will be affected by the court's decision, or how much the VA would be paying out in benefits, or whether the VA will appeal the latest decision.Other Agent Orange-Based Disabilities PossibleAn attorney with the National Veterans Legal Services Program, Richard Spataro, noted that the appeals court ruling might finally halt the years of legal battles with the VA — if the VA doesn't appeal the case to the Supreme Court. Spataro also pointed out that if other disabilities or illnesses among vets are found to have been caused by Agent Orange, the recent decision will bar the VA from denying retroactive benefits for those vets, too.(Source: findlaw.com)Have adverse effects of Agent Orange or another toxic chemical harmed you or a loved one?Contact a lawyer with the skills and experience necessary to provide the legal representation you need. AGENT ORANGE SYMPTOMShttp://www.onlinelawyersource.com/agent_orange/symptoms.html <H1 id=blurb_1_title>Agent Orange Symptoms </H1>Symptoms of Agent Orange can fail to appear until years after exposure. Many Vietnam veterans and families have just started to be noticeably affected by symptoms of Agent Orange despite the lapse in time. This is due to the fact that many symptoms of Agent Orange take time to develop but the results can be extremely deadly and serious when symptoms do occur. The Veterans Affairs has linked symptoms of Agent Orange to result in instances of cancer, diabetes, Hodgkin’s disease, spinal bifidia, multiple myeloma, as well as many other effects. The announcement made, following the June 9, 2003 Supreme Court vote, has allowed Vietnam veterans and their families suffering from the symptoms of Agent Orange, that were not included in the 1985 Agent Orange settlement fund, to take legal action against manufacturers. Since only 50,000 of the 2.4 million people exposed to Agent Orange received money from the $180 million settlement fund, a high number of people are estimated to potentially have suffered symptoms of Agent Orange but have yet to receive justice.
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more_legal_areas agent_orange Find a Lawyer by State Alaska Alabama Arizona Arkansas California Colorado Connecticut Delaware D.C. Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
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more_legal_areas agent_orange Find a Lawyer by State Alaska Alabama Arizona Arkansas California Colorado Connecticut Delaware D.C. Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming <H1 id=EC_blurb_1_title>Agent Orange </H1>
Agent Orange was used heavily during the Vietnam War, exposing around 2.4 million U.S. veterans and families to the extremely toxic herbicide. The effects of Agent Orange have been linked to prostate and respiratory cancers, multiple myeloma, Hodgkin’s disease, spinal bifidia in babies exposed to Agent Orange, diabetes, in addition to many other Agent Orange effects according to the Veteran Affairs.
An April 2003 Columbia University study re-examined military records of the Vietnam War and found over half of the 1.84 million gallons of herbicides sprayed from 1961-1971 was Agent Orange. Back in 1979, after the first Agent Orange class action was filed, a 1985 out of court settlement resulted in a $180 million fund for Agent Orange victims, which included 2.4 million veterans that the Agent Orange class action was supposed to include.
Many people were either not made aware of the Agent Orange settlement or did not qualify to receive any of the Agent Orange settlement due to illnesses developing after 1994, the cut off date to receive Agent Orange settlement funds. The impact of Agent Orange surpasses estimations and many people have suffered Agent Orange’s deadly effects without receiving justice. Now, Agent Orange lawsuits have been allowed. In a deadlocked Supreme Court vote, the law states that an automatic affirmation of the lower court’s ruling must occur, allowing Agent Orange legal action to occur.
"New Zealand government apologizes to Vietnam veterans for Agent Orange"
After following a report from Parliament''s health select committee released in October, New Zealand''s government has apologized to Vietnam veterans for their exposure to Agent Orange and other defoliants from more than 30 years ago.
The Air Force recently conducted a study that found an increased risk of prostate cancer and melanoma in Air Force veterans of the Vietnam War who were exposed to the chemical defoliant Agent Orange. The study found a cancer incidence that was 1.46 to ...
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allan
VA Ordered to Pay Retroactive Benefits to Agent Orange Victims
http://www.onlinelawyersource.com/news/va-...ive-benefi.html
July 25th, 2007
"Appeals Court Says VA Must Comply with 1991 Consent Decree"
The 9th U.S. Circuit Court of Appeals recently ordered the Department of Veterans Affairs to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange. The VA had fought for 16 years against paying benefits retroactively to veterans who had claimed that their leukemia was caused by the toxic herbicide.VA Refused to Pay Retroactive BenefitsAlthough the VA agreed in 2003 to provide benefits to the vets diagnosed with CLL (chronic lymphocytic leukemia) caused by Agent Orange, the VA didn't then review previous claims from vets with CLL, and it declined to pay them retroactive benefits.Court Chastises the VA in RulingJudge Stephen Reinhardt, writing the appeals court decision, chastised the VA over its longstanding opposition to paying the benefits, stating, "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."The opinion went on to say "The performance of the United States Department of Veterans Affairs has contributed substantially to our sense of national shame."It is not yet known how many veterans will be affected by the court's decision, or how much the VA would be paying out in benefits, or whether the VA will appeal the latest decision.Other Agent Orange-Based Disabilities PossibleAn attorney with the National Veterans Legal Services Program, Richard Spataro, noted that the appeals court ruling might finally halt the years of legal battles with the VA — if the VA doesn't appeal the case to the Supreme Court. Spataro also pointed out that if other disabilities or illnesses among vets are found to have been caused by Agent Orange, the recent decision will bar the VA from denying retroactive benefits for those vets, too.(Source: findlaw.com)Have adverse effects of Agent Orange or another toxic chemical harmed you or a loved one? Contact a lawyer with the skills and experience necessary to provide the legal representation you need. AGENT ORANGE SYMPTOMShttp://www.onlinelawyersource.com/agent_orange/symptoms.html <H1 id=blurb_1_title>Agent Orange Symptoms </H1>Symptoms of Agent Orange can fail to appear until years after exposure. Many Vietnam veterans and families have just started to be noticeably affected by symptoms of Agent Orange despite the lapse in time. This is due to the fact that many symptoms of Agent Orange take time to develop but the results can be extremely deadly and serious when symptoms do occur. The Veterans Affairs has linked symptoms of Agent Orange to result in instances of cancer, diabetes, Hodgkin’s disease, spinal bifidia, multiple myeloma, as well as many other effects. The announcement made, following the June 9, 2003 Supreme Court vote, has allowed Vietnam veterans and their families suffering from the symptoms of Agent Orange, that were not included in the 1985 Agent Orange settlement fund, to take legal action against manufacturers. Since only 50,000 of the 2.4 million people exposed to Agent Orange received money from the $180 million settlement fund, a high number of people are estimated to potentially have suffered symptoms of Agent Orange but have yet to receive justice.
morthomer@sbcglobal.net wrote:
Thomas W. Trefts Director of The Unified Veterans Coalition
http://xsorbit27.com/users5/unifiedveteran...ition/index.php
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