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Federal Court Rule Navy Blue Water Vets Eligible for Agent Orange Benefits
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Apr 25, 2019 15:32:35   #
slatten49 Loc: Lake Whitney, Texas
 
https://www.stripes.com/court-decides-blue-water-navy-veterans-should-be-eligible-for-agent-orange-benefits-1.566543

Court decides 'Blue Water' Navy veterans should be eligible for Agent Orange benefits

By NIKKI WENTLING | STARS AND STRIPES

Published: January 29, 2019

WASHINGTON — A federal court ruled Tuesday that Vietnam veterans who served on ships offshore during the war are eligible for benefits to treat illnesses linked to exposure to the chemical herbicide Agent Orange – a decision that has the potential to extend help to thousands of veterans.

The Court of Appeals for the Federal Circuit ruled 9-2 in favor of Alfred Procopio, Jr., 73, who served on the USS Intrepid during the Vietnam War. Procopio is one of tens of thousands of “Blue Water” Navy veterans who served aboard aircraft carriers, destroyers and other ships and were deemed ineligible for the same disability benefits as those veterans who served on the ground and inland waterways.
The decision comes one decade after the Department of Veterans Affairs denied Procopio’s disability claims for diabetes and prostate cancer. The court’s ruling reverses a previous decision from the Court of Appeals for Veterans Claims, which upheld the denial because Procopio couldn’t show direct exposure to Agent Orange.

“Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus,” the decision issued Tuesday states. “Accordingly, we reverse.”

Judge Kimberly A. Moore, who wrote on behalf of the majority, added: “We find no merit in the government’s arguments to the contrary.”

At issue was interpretation of the current law, which allows easier access to disability benefits for veterans who “served in the Republic of Vietnam” and suffer from one of a list of illnesses linked to the Agent Orange. The herbicide has been found to cause respiratory cancers, Parkinson’s disease and heart disease, as well as other conditions.

The court determined territorial seas should be included in the definition of “Republic of Vietnam” – a point the government disputed.

For Procopio and other Blue Water Navy veterans, the decision could result in thousands of dollars of disability benefits each month. John Wells, one of the attorneys on the case, estimated 50,000 to 70,000 veterans could now become eligible for benefits. Veterans affected by the ruling must still go through a VA evaluation to ensure they meet all of the eligibility criteria.

“We’re walking on air right now,” Wells said. “We feel that the court listened to our arguments, read the briefs and came to a good, commonsense conclusion.”

The government could seek a review of the case from the U.S. Supreme Court. VA Press Secretary Curt Cashour said the department is reviewing the decision and “will determine an appropriate response.”
While pursuing Procopio’s case, Wells and other advocates spearheaded efforts on Capitol Hill in recent years to extend benefits to Blue Water Navy veterans.

Congress failed to pass the legislation late last year during the final days in session. The bill stalled in the Senate after VA Secretary Robert Wilkie and several former VA secretaries came out against it. Wilkie cited high costs and insufficient scientific evidence linking Blue Water Navy veterans to Agent Orange exposure.

“We’d been dealing with Congress for eight years and were unable to get it through,” Wells said. “We felt we had to work through the courts. It was a multifaceted approach.”

The legislation was introduced again this month during the first days of the 116th Congress.

Wells still sees a need for Congress to pass the bill, in order for the veterans’ eligibility to be written explicitly in law and not left up to future courts to interpret, he said.

Reply
Apr 25, 2019 15:39:45   #
Sew_What
 
slatten49 wrote:
https://www.stripes.com/court-decides-blue-water-navy-veterans-should-be-eligible-for-agent-orange-benefits-1.566543


Finally approved...I guess they had to wait until most of them are dead, or inflation caught up the actual benefits.

Reply
Apr 25, 2019 15:41:58   #
Rose42
 
slatten49 wrote:
https://www.stripes.com/court-decides-blue-water-navy-veterans-should-be-eligible-for-agent-orange-benefits-1.566543

Court decides 'Blue Water' Navy veterans should be eligible for Agent Orange benefits

By NIKKI WENTLING | STARS AND STRIPES

Published: January 29, 2019

WASHINGTON — A federal court ruled Tuesday that Vietnam veterans who served on ships offshore during the war are eligible for benefits to treat illnesses linked to exposure to the chemical herbicide Agent Orange – a decision that has the potential to extend help to thousands of veterans.

The Court of Appeals for the Federal Circuit ruled 9-2 in favor of Alfred Procopio, Jr., 73, who served on the USS Intrepid during the Vietnam War. Procopio is one of tens of thousands of “Blue Water” Navy veterans who served aboard aircraft carriers, destroyers and other ships and were deemed ineligible for the same disability benefits as those veterans who served on the ground and inland waterways.
The decision comes one decade after the Department of Veterans Affairs denied Procopio’s disability claims for diabetes and prostate cancer. The court’s ruling reverses a previous decision from the Court of Appeals for Veterans Claims, which upheld the denial because Procopio couldn’t show direct exposure to Agent Orange.

“Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus,” the decision issued Tuesday states. “Accordingly, we reverse.”

Judge Kimberly A. Moore, who wrote on behalf of the majority, added: “We find no merit in the government’s arguments to the contrary.”

At issue was interpretation of the current law, which allows easier access to disability benefits for veterans who “served in the Republic of Vietnam” and suffer from one of a list of illnesses linked to the Agent Orange. The herbicide has been found to cause respiratory cancers, Parkinson’s disease and heart disease, as well as other conditions.

The court determined territorial seas should be included in the definition of “Republic of Vietnam” – a point the government disputed.

For Procopio and other Blue Water Navy veterans, the decision could result in thousands of dollars of disability benefits each month. John Wells, one of the attorneys on the case, estimated 50,000 to 70,000 veterans could now become eligible for benefits. Veterans affected by the ruling must still go through a VA evaluation to ensure they meet all of the eligibility criteria.

“We’re walking on air right now,” Wells said. “We feel that the court listened to our arguments, read the briefs and came to a good, commonsense conclusion.”

The government could seek a review of the case from the U.S. Supreme Court. VA Press Secretary Curt Cashour said the department is reviewing the decision and “will determine an appropriate response.”
While pursuing Procopio’s case, Wells and other advocates spearheaded efforts on Capitol Hill in recent years to extend benefits to Blue Water Navy veterans.

Congress failed to pass the legislation late last year during the final days in session. The bill stalled in the Senate after VA Secretary Robert Wilkie and several former VA secretaries came out against it. Wilkie cited high costs and insufficient scientific evidence linking Blue Water Navy veterans to Agent Orange exposure.

“We’d been dealing with Congress for eight years and were unable to get it through,” Wells said. “We felt we had to work through the courts. It was a multifaceted approach.”

The legislation was introduced again this month during the first days of the 116th Congress.

Wells still sees a need for Congress to pass the bill, in order for the veterans’ eligibility to be written explicitly in law and not left up to future courts to interpret, he said.
https://www.stripes.com/court-decides-blue-water-n... (show quote)


Lets hope they pass it this time. Its unconscionable that they haven't. Vets deserve better care than they get.

Reply
 
 
Apr 25, 2019 15:54:37   #
proud republican Loc: RED CALIFORNIA
 
slatten49 wrote:
https://www.stripes.com/court-decides-blue-water-navy-veterans-should-be-eligible-for-agent-orange-benefits-1.566543

Court decides 'Blue Water' Navy veterans should be eligible for Agent Orange benefits

By NIKKI WENTLING | STARS AND STRIPES

Published: January 29, 2019

WASHINGTON — A federal court ruled Tuesday that Vietnam veterans who served on ships offshore during the war are eligible for benefits to treat illnesses linked to exposure to the chemical herbicide Agent Orange – a decision that has the potential to extend help to thousands of veterans.

The Court of Appeals for the Federal Circuit ruled 9-2 in favor of Alfred Procopio, Jr., 73, who served on the USS Intrepid during the Vietnam War. Procopio is one of tens of thousands of “Blue Water” Navy veterans who served aboard aircraft carriers, destroyers and other ships and were deemed ineligible for the same disability benefits as those veterans who served on the ground and inland waterways.
The decision comes one decade after the Department of Veterans Affairs denied Procopio’s disability claims for diabetes and prostate cancer. The court’s ruling reverses a previous decision from the Court of Appeals for Veterans Claims, which upheld the denial because Procopio couldn’t show direct exposure to Agent Orange.

“Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus,” the decision issued Tuesday states. “Accordingly, we reverse.”

Judge Kimberly A. Moore, who wrote on behalf of the majority, added: “We find no merit in the government’s arguments to the contrary.”

At issue was interpretation of the current law, which allows easier access to disability benefits for veterans who “served in the Republic of Vietnam” and suffer from one of a list of illnesses linked to the Agent Orange. The herbicide has been found to cause respiratory cancers, Parkinson’s disease and heart disease, as well as other conditions.

The court determined territorial seas should be included in the definition of “Republic of Vietnam” – a point the government disputed.

For Procopio and other Blue Water Navy veterans, the decision could result in thousands of dollars of disability benefits each month. John Wells, one of the attorneys on the case, estimated 50,000 to 70,000 veterans could now become eligible for benefits. Veterans affected by the ruling must still go through a VA evaluation to ensure they meet all of the eligibility criteria.

“We’re walking on air right now,” Wells said. “We feel that the court listened to our arguments, read the briefs and came to a good, commonsense conclusion.”

The government could seek a review of the case from the U.S. Supreme Court. VA Press Secretary Curt Cashour said the department is reviewing the decision and “will determine an appropriate response.”
While pursuing Procopio’s case, Wells and other advocates spearheaded efforts on Capitol Hill in recent years to extend benefits to Blue Water Navy veterans.

Congress failed to pass the legislation late last year during the final days in session. The bill stalled in the Senate after VA Secretary Robert Wilkie and several former VA secretaries came out against it. Wilkie cited high costs and insufficient scientific evidence linking Blue Water Navy veterans to Agent Orange exposure.

“We’d been dealing with Congress for eight years and were unable to get it through,” Wells said. “We felt we had to work through the courts. It was a multifaceted approach.”

The legislation was introduced again this month during the first days of the 116th Congress.

Wells still sees a need for Congress to pass the bill, in order for the veterans’ eligibility to be written explicitly in law and not left up to future courts to interpret, he said.
https://www.stripes.com/court-decides-blue-water-n... (show quote)


Why was that even a question???They are Vets and were fighting for us..They deserve EVERYTHING that they are eligible for!!!...It shouldnt be even a question!!!...It should go for any Vet who are risking their lives to protect us!!!

Reply
Apr 25, 2019 16:10:12   #
Rose42
 
proud republican wrote:
Why was that even a question???They are Vets and were fighting for us..They deserve EVERYTHING that they are eligible for!!!...It shouldnt be even a question!!!...It should go for any Vet who are risking their lives to protect us!!!


People would be pretty disgusted if they knew what some wounded vets have to go through and what some go through whose wounds will affect them for life. Politicians are far too cavalier with our vets.

Reply
Apr 25, 2019 16:15:52   #
slatten49 Loc: Lake Whitney, Texas
 
Rose42 wrote:
People would be pretty disgusted if they knew what some wounded vets have to go through and what some go through whose wounds will affect them for life. Politicians are far too cavalier with our vets.

The act had been reintroduced in the House in January, 2019. It failed to pass the Senate late last year when it was stopped by Utah Senator Mike Lee and Wyoming Senator Mike Enzi. Lee questioned the evidence and Enzi had cost concerns.

"Unfortunately, since this precedent took so long to be realized, now in some cases, it is the survivor of the veteran who may be eligible for benefits", said Lauren Barefoot, VFW National Veterans Service training and quality assurance manager.

Reply
Apr 25, 2019 16:21:14   #
Rose42
 
slatten49 wrote:
The act had been reintroduced in the House in January, 2019. It failed to pass the Senate late last year when it was stopped by Utah Senator Mike Lee and Wyoming Senator Mike Enzi. Lee questioned the evidence and Enzi had cost concerns.


What you-know-whats. It doesn't surprise me they're republicans either.

Reply
 
 
Apr 25, 2019 16:53:26   #
slatten49 Loc: Lake Whitney, Texas
 
Rose42 wrote:
What you-know-whats. It doesn't surprise me they're republicans either.

Rose, I hope you caught/catch the late add-on to that post.

Reply
Apr 25, 2019 16:53:37   #
Lonewolf
 
The navy is refusing to pay camp Lejeune Maiines for the drinking water contaminated with dry cleaning fluid. That are now causing serious health problems like the throat cancer I now have!

Reply
Apr 25, 2019 16:58:25   #
Rose42
 
slatten49 wrote:
Rose, I hope you caught/catch the late add-on to that post.


This?

"Unfortunately, since this precedent took so long to be realized, now in some cases, it is the survivor of the veteran who may be eligible for benefits", said Lauren Barefoot, VFW National Veterans Service training and quality assurance manager."

Reply
Apr 25, 2019 17:00:32   #
slatten49 Loc: Lake Whitney, Texas
 
Rose42 wrote:
This?

"Unfortunately, since this precedent took so long to be realized, now in some cases, it is the survivor of the veteran who may be eligible for benefits", said Lauren Barefoot, VFW National Veterans Service training and quality assurance manager."

Yes.

Reply
 
 
Apr 25, 2019 17:04:21   #
slatten49 Loc: Lake Whitney, Texas
 
Lonewolf wrote:
The navy is refusing to pay camp Lejeune Maiines for the drinking water contaminated with dry cleaning fluid. That are now causing serious health problems like the throat cancer I now have!

Damn, Lonewolf, sorry to read of that. What is your current prognosis?

I have a granddaughter who is stationed with her young corporal husband at Camp Lejeune as I write this. Am I correct in understanding that this contamination was in the past?

Reply
Apr 25, 2019 17:13:46   #
woodguru
 
proud republican wrote:
Why was that even a question???They are Vets and were fighting for us..They deserve EVERYTHING that they are eligible for!!!...It shouldnt be even a question!!!...It should go for any Vet who are risking their lives to protect us!!!


Automatically give every soldier that spent four years in the middle east or got kicked out early that wants disability a lifetime income for PTSD...right? I'm a Vietnam vet, I know people who had agent orange dripping off of them, they have multiple exotic cancers and the government fought them against disability for damn near 40 years. The government has fought against people who are sick for decades, and they also have to fight tens of thousands who see an easy disability. There's two sides to this coin, it would be like me claiming an exposure to agent orange when I never had one just because I happen to get prostate cancer when a huge number of men are going to get it regardless of being exposed to agent orange. If you are going to claim an agent orange related disability it makes sense that you had to have had an exposure.

That was a kneejerk reaction you came off with

Reply
Apr 25, 2019 17:42:08   #
Lonewolf
 
slatten49 wrote:
Damn, Lonewolf, sorry to read of that. What is your current prognosis?

I have a granddaughter who is stationed with her young corporal husband at Camp Lejeune as I write this. Am I correct in understanding that this contamination was in the past?


Yes it was in the past but they let it go along time before they addressed the problem.
For the last 6 Months every 8 weeks they go down my throat and burn sections off .
I have had 3 treatments so far and was told last time it was looking good.
8 weeks from now they will go down and do some biopsies and more burning if necessary.
If this dosent work I will have to have 2 inches of my throat cut out and then pull my stomach pulled up to close the gap.

Reply
Apr 25, 2019 17:55:24   #
slatten49 Loc: Lake Whitney, Texas
 
Lonewolf wrote:
Yes it was in the past but they let it go along time before they addressed the problem.
For the last 6 Months every 8 weeks they go down my throat and burn sections off .
I have had 3 treatments so far and was told last time it was looking good.
8 weeks from now they will go down and do some biopsies and more burning if necessary.
If this dosent work I will have to have 2 inches of my throat cut out and then pull my stomach pulled up to close the gap.

I'm wishing for you the very best in your dealing with it, Marine. I was only at Lejeune for a few months back in very early 1968. I'm not aware of any problems from my time there.

Reply
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