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. =
