Court Expands Agent Orange Coverage
A court ruling says the government must pay for offshore Agent Orange
exposure
WASHINGTON, Aug. 19, 2006
By MATT APUZZO Associated Press Writer
http://www.cbsnews.com/stories/2006/08/19/ap/health/mainD8JJ7AO80.shtml
(AP) Veterans who patrolled the waters off Vietnam can claim disability benefits
for exposure to Agent Orange under an appeals court ruling that opens the door
for thousands of servicemen to seek medical coverage.
The ruling was handed down by the U.S. Court of Appeals for Veterans Claims in
the case of a former sailor who served on an ammunition ship during the Vietnam
War but never stepped foot on land.
The court's order, issued Wednesday, reverses the Veterans Affairs Department's
denial of benefits for Jonathan L. Haas, who blamed his diabetes, nerve damage
and loss of eyesight on exposure to Agent Orange.
Haas argued that clouds of the toxic defoliate, which the U.S. sprayed on
Vietnamese jungles, drifted out to sea, engulfing his ship and landing on his
skin.
Veterans officials said that to qualify for coverage, Haas was required to have
docked in Vietnam and come ashore.
The three-judge panel said regulations governing the benefits were unclear. The
court said it made no sense for veterans who patrolled Vietnam's inland
waterways and those simply passing through the country to receive medical
coverage while those serving at sea do not.
"Veterans serving on vessels in close proximity to land would have the same risk
of exposure to the herbicide Agent Orange as veterans serving on adjacent land,
or an even greater risk than that borne by those veterans who may have visited
and set foot on the land of the Republic of Vietnam only briefly," Judge William
A. Moorman wrote.
The Veterans Affairs Department said Friday that it was reviewing the opinion
and was not sure how many veterans would be affected or how much the added
coverage would cost.
Most Vietnam combat veterans receive some medical benefits, but if their
illnesses are related to their service, they could receive full coverage and
their families might be eligible for benefits.
David Houppert, director of veteran's benefits for the Vietnam Veterans of
America, said the ruling could allow thousands of veterans to seek coverage for
service-related illnesses. Most are Navy veterans, he said, but some Marines and
Army veterans could be affected.
Houppert said the group was encouraging these veterans to seek coverage quickly
because the ruling left it up to government officials whether to change federal
regulations in a way that could deny coverage.