Court:   VA Must Pay Agent Orange Victims
9th Circuit Seal Lady Justice marred by the V.A.
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Judge's Opinion

Agent Orange Drum and a Soldier






Toxin Poison - Agent Orange
 
By SCOTT LINDLAW
The Associated Press     Thursday, July 19, 2007; 10:56 PM

SAN FRANCISCO -- An appeals court chastised the Department of Veterans Affairs on Thursday and ordered the agency to pay retroactive benefits to Vietnam War veterans who were exposed to Agent Orange and contracted a form of leukemia.

    "The performance of the United States Department of Veterans Affairs has contributed substantially to our sense of national shame," the opinion from the 9th U.S. Circuit Court of Appeals read.

    It was not immediately known how much the department would have to pay under the order or how many veterans would be affected.

    VA spokesman Phil Budahn said late Thursday that officials were reviewing the ruling, and declined further comment.

    The VA agreed in 2003 to extend benefits to Vietnam vets diagnosed with chronic lymphocytic leukemia, known as CLL. U.S. troops had sprayed 20 million gallons of Agent Orange and other herbicides over parts of South Vietnam and Cambodia in the 1960s and '70s to clear dense jungle, and researchers later linked CLL to Agent Orange.

    But the VA did not re-examine previous claims from veterans suffering from the ailment, nor did it pay them retroactive benefits, which was at the heart of the latest dispute.

    Thursday's opinion was on a technical matter involving whether a lower court had properly interpreted a landmark agreement in 1991 on benefits, stemming from a class-action lawsuit originally filed in 1986.

    The appeals court sided with veterans groups who said the veterans were entitled to retroactive benefits.

    "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,"
- Judge Stephen Reinhardt wrote in the court's opinion.

    Richard Spataro, a lawyer with the National Veterans Legal Services Program, said Thursday's ruling could finally halt years of legal battles _ if the VA does not appeal to the U.S. Supreme Court.

    Spataro said if researchers link other disabilities to Agent Orange the decision will prevent the VA from denying retroactive benefits for those veterans, too.

 
 
 
  Vets with Agent Orange leukemia keep benefits
Judge orders U.S. to pay from date claimed was filed
9th Circuit Seal Lady Justice marred by the V.A.
Complete
Judge's Opinion

Agent Orange Drum and a Soldier









Toxin Poison - Agent Orange
 
San Francisco Chronicle Newspaper online
Bob Egelko, Chronicle Staff Writer
Friday, July 20, 2007

An indignant federal appeals court ordered the government Thursday to keep paying benefits to hundreds of Vietnam veterans afflicted with a type of leukemia that has been linked to the defoliant Agent Orange.

    The ruling involved veterans suffering from chronic lymphocytic leukemia, a disease that the Department of Veterans Affairs found in October 2003 to be connected to Agent Orange exposure. That finding meant the government was required to provide benefits, but the department argued that it owed payments only from October 2003 forward, rather than from when a claim was filed.

    U.S. District Judge Thelton Henderson disagreed in 2005 and ordered retroactive benefits, which the department began to make as it appealed the ruling. The Ninth U.S. Circuit Court of Appeals in San Francisco upheld Henderson on Thursday and said it hoped that "obstructionist bureaucratic opposition will now cease.''

    It is hard to understand why the department "continues to resist . . . the payment of desperately needed benefits to Vietnam War veterans who fought for our country and suffered grievous injury as a result of our government's own conduct,'' said Judge Stephen Reinhardt in the 3-0 ruling.

    Agent Orange, which contains the lethal chemical dioxin, was sprayed by U.S. forces in Vietnam from 1965 to 1971. The herbicide was banned by the Environmental Protection Agency in 1979 and has been the subject of numerous medical studies and lawsuits.

    Since Henderson's order took effect, the government has paid $14 million in retroactive benefits to 498 veterans or surviving spouses and children, said plaintiffs' attorney Barton Stichman of the National Veterans Legal Services Program. He said he expects those figures to double when all payments are made.

    Stichman said the plaintiffs have been frustrated by the department's review process, which has taken a year to dispose of half the claims. Henderson will hold a hearing Monday on whether to hold the government in contempt of court.

    The Department of Veterans Affairs considered only one disease, a skin condition called chloracne, to be linked to Agent Orange when a nationwide lawsuit on veterans' behalf was filed in San Francisco in 1986. It required veterans suffering from any other disease to prove it was caused by the defoliant to receive benefits.

    Henderson rejected that standard in a 1989 ruling, and the department agreed in 1991 to award benefits to veterans with illnesses that were associated with exposure to Agent Orange, based on credible studies. The list now contains more than a dozen diseases.

    In the current case, the department argued that it was no longer required to pay retroactive benefits for any disease that was added to its list after September 2002, the expiration date of a federal law setting standards for Agent Orange payments.

    The appeals court disagreed, noting that Congress later extended the law through 2015 and said the department is still bound by the 1991 court order.