...and the beat goes on...
In San Francisco, U.S. District Judge
Thelton Henderson ordered the U.S. government to reconsider the Agent
Orange health claims of more than 31,000 veterans because existing rules
“sharply tipped the scales” against those exposed to the toxic
defoliant.
He struck down the Department of Veterans Affairs’
regulations that denied Agent Orange service-related benefits for
cancers and all other diseases except one non-fatal skin condition. In a
ruling on a nationwide lawsuit brought on behalf of Agent Orange
claimants, Henderson said the department was wrong to require direct
proof that the dioxin-containing herbicide caused various diseases. The
department, formerly known as the Veterans Administration, would give
claimants the benefit of the doubt, Henderson said. Veterans’ advocates
praised the decision. Mary Sout, president of Vietnam Veterans of
America, said the ruling validated what Vietnam veterans had been saying
for years, that the VA had failed to give Agent Orange victims a fair
hearing. She said she was optimistic that Congress would act quickly to
resolve “this most painful legacy of the Vietnam War.”
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