Noteboom The Law Firm

Amendment Could Block VA Payment of Agent Orange Claims

June 12, 2010 - Sen. Jim Webb (D-Va.) won the praise of Iraq and Afghanistan veterans when his Post-9/11 GI Bill went into effect last year awarding them extensive educational benefits. Last week Sen. Webb risked his good standing with the veteran community by introducing an amendment to the Senate. The amendment gained Senate approval and would temporarily stop the Department of Veterans Affairs (VA) from paying disability claims for 3 of the newly listed presumptive diseases linked to exposure to Agent Orange.

Last fall, VA secretary Eric Shinseki issued a decision linking certain diseases with exposure to specific defoliants used in Vietnam. Since that time, the VA has been actively encouraging veterans suffering with the diseases to file disability claims. If that veteran's claim has been previously denied, the VA encourages a re-filing under the new rules. Senator Webb's amendment only focuses on 3 of the newly listed presumptive diseases, and would affect as many as 86,000 veterans:

• Ischemic heart disease;
• Parkinson's disease; and
• B-Cell Leukemia.

 Senator Webb's amendment would stay spending on these specific claims for 60 days to allow Congress more time to research the validity of herbicide exposure being linked to these diseases. Sen. Webb argues that a vast amount of the population could contract these diseases through normal aging and there is no reason for the VA to pay on those claims.

The House agreeing with Sen. Webb's amendment would trigger the Congressional Review Act. This Act allows Congress to freeze any government proposal or plan to appraise the projected changes. With enough support following the 60 day review period, Congress could prevent the VA's directive from being imposed through a Joint Resolution.