United Spinal Applauds Ruling Extending VA Disability
New York, NY––United Spinal Association, a national veterans service organization and disability rights advocate, applauds the U.S. Court of Appeals for Veterans Claims’ (CAVC) benchmark decision in Hass v. Nicholson. In its Wednesday ruling, the CAVC concluded that the Department of Veterans Affairs (VA) has been illegally denying disability compensation and health care to ailing Vietnam veterans who served aboard ships off the shore of Vietnam and who were exposed to toxic agents in the water and on their vessels (Hass v. Nicholson_Vet. App._No. 04-0491, slip op. [Aug. 16, 2006]).
Between 1962 and 1971, approximately 20 million gallons of herbicides were used in Vietnam to destroy jungle and plant-life that otherwise provided cover for enemy forces. The most extensively sprayed herbicide was Agent Orange, which contained dioxin––one of the most toxic substances known. Extensive scientific study has demonstrated a direct linkage between exposure to Agent Orange and the development of a variety of cancers, leukemia, and diabetes, as well as spina bifida in the children of exposed veterans. If a veteran exposed to Agent Orange develops one of these diseases, the law requires the VA to presume the disorder was caused by that exposure and to award VA benefits, even though the veteran’s disorder may have manifested many years after military service and there may be no actual proof of exposure. In Haas, the CAVC held that the VA’s interpretation of the law, in which offshore veterans are denied the presumption of a service-connected disability because they did not actually set foot in Vietnam, was in error because the law does not specifically limit applying the presumption solely to veterans who served on the ground in Vietnam.
“Finally, justice has been secured for these deserving veterans, their families and survivors,” said United Spinal President Clair Russell Hesselton. “This decision resolves a tragic situation that has resulted in unjustifiable harm to thousands. We strongly encourage all veterans who served on ships off the coast of Vietnam and who suffer from any of the presumptively service-connected diseases, to file a claim with the VA, even if they have been denied benefits in the past.”
United Spinal Executive Director Paul J. Tobin added, “As we interpret Haas, it appears quite possible that the VA will attempt to cure past procedural errors and revise its regulations and policies to moot the effect of the Court’s decision. We hope, of course, that the VA would refrain from doing so, but we are prepared to take action if necessary to protect the rights of these veterans and their families.”
Information about the VA’s Agent Orange Registry and the claims process can be found on its website, www.va.gov.
United Spinal Association is a national disability rights and advocacy organization serving over 7,000 members. Established more than 60 years ago by a group of paralyzed World War II veterans, United Spinal is currently the fastest growing organization in the country dedicated to serving people with spinal cord injuries and disorders. Through their efforts to secure better health care, accessible public buildings and transportation, and equal opportunities in the workplace, these veterans continued serving their country long after leaving the battlefield and today that legacy lives on in United Spinal Association’s expanded mission to serve not just our brave veterans but all Americans living with paralysis or other mobility impairments.