For Immediate Release
Monday, May 2, 2016
VETERANS ADVOCATES: PASS 'BLUE
WATER ACT'
Advocates
for Vietnam veterans who were indirectly exposed to Agent Orange while aboard
ships in coastal waters are again asking Congress to pass the Blue Water Navy
Vietnam Veterans Act (HR 969), which will restore benefits to these servicemen
and women.
"During
the entire Vietnam War potable water contaminated with Agent Orange was
provided to ships anchored in Da Nang and Qui Nhon harbors," said Cdr.
John Wells (USN, Ret.), executive director of Military Veterans Advocacy, a
Louisiana-based non-profit. "Reports from Commander, Naval Forces
Vietnam confirmed that over one million gallons of potable water per month were
delivered to Seventh Fleet ships in Da Nang Harbor. The crew used
this water for drinking, cooking, laundry, cleaning and hygiene. Despite
this common knowledge, the Secretary still continues to refuse to grant the
presumption of exposure to those veterans aboard ships in the harbors."
Under
current regulations, the VA has determined that ships in "inland
waters" are eligible for the presumption. Over 340 ships have been
identified as covered under the existing regulation, representing approximately
84,000 veterans. In April of 20 15 the Court of Appeals for Veterans Claims in
Gray v. McDonald, found the exclusion of bays and harbors from the VA
definition of "inland waters" to be irrational and ordered them to
rewrite the regulation concentrating on probabilities of exposure. Instead of
including the harbors in their revised definition of "inland waters,"
the VA arbitrarily and captiously chose to "double down" on their
earlier policy. They continued to exclude the bays and harbors from the
presumption of exposure. Several law suits questioning this action have been
brought by MVA and are pending in the Court of Appeals for the District of
Columbia, the Court of Appeals for the Federal Circuit and the Court of Appeal
for Veterans Clams.
In a
letter to Congressman Jeff Miller, chair of the House Veterans Affairs
Committee, Wells asked the chairman to hold a hearing on HR 969 and advance it
to the House floor, where it has 319 co-sponsors.
"Military
Veterans Advocacy is prepared to be your resource on this issue," Wells
wrote.
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