Lawmakers and veterans
advocates are split on how much to worry about the costs of expanding eligibility
for disability benefits for some Vietnam-era veterans in the wake of a recent
federal court decision.
The trigger was a U.S. Court
of Appeals for the Federal Circuit decision (Procopio v. Wilkie, Fed. Cir., 913
F.3d 1371, 1/29/19) in January that said veterans who served on deep water
ships off the coast of Vietnam are entitled to a presumption of benefits under
the Agent Orange Act of 1991 (Public Law 102-4). The decision gave a win to the
former members of the Navy who had fought for years to rectify a Department of
Veterans Affairs decision limiting the presumption standard to those who had
“boots on the ground.”
The Justice Department has
until the end of this month to a make final decision about whether to seek a
review of Procopio v. Wilkie by the U.S. Supreme Court, but it appears
increasingly likely the decision will stand after VA Secretary Robert
Wilkie recommended to DOJ to not challenge it.
The decision will have
implications for lawmakers who have been trying to resolve the issue for the
veterans, often referred to as the Blue Water Navy for their service aboard
coastal water ships as opposed to murky, inland water ways. While the court
ruled the veterans had been wrongly denied benefits due them, funding the
expansion of services needed to include about 95,000 newly eligible vets could
be expensive and could also affect the chances of other exposed veterans being
made eligible for similar treatment.
Veterans Affairs Secretary
Robert Wilkie has recommended the government not challenge a federal court
decision expanding eligibility for Agent Orange-related benefits to Vietnam-era
service members who served on coastal ships.
“They are going to need some
funding,” Sen. John Boozman (R-Ark.), Chairman of the Senate Military
Construction and Veterans Affairs Appropriations Subcommittee, said in an
interview.
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