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Agent Orange-exposed vets score victory

By TIM DYHOUSE, VFW MagazineSaturday, November 10, 2007

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A San Francisco appeals court in July rejected VA's attempt to deny benefits for Vietnam veterans suffering from chronic lymphocytic leukemia caused by Agent Orange exposure. The unanimous 3-0 ruling July 19 by the U.S. Ninth Circuit Court of Appeals is the sixth time a court or federal judge has ruled in favor of veterans since the case first went to trial in 1986.

Judge Stephen Reinhardt noted in the court's decision that it was "difficult for us to comprehend" why VA would resist providing benefits when it agreed to do so after losing the initial case in 1989.

"We should hope," he wrote, "that obstructionist bureaucratic opposition will now cease, and that our veterans will finally receive the benefits to which they are morally and legally entitled."

The 1989 ruling led to legislation that forced VA to study what types of diseases other than the skin condition chloracne were caused by Agent Orange exposure. After tests by the National Academy of Sciences, 10 other conditions were considered to have been caused by Agent Orange. Vietnam vets with those conditions were then eligible for VA benefits.

But veterans with chronic lymphocytic leukemia had to take VA to court to receive compensation. They prevailed in December 2005. VA appealed the decision, which led to the July 19, 2007, ruling. The Ninth Circuit Court was flabbergasted that VA would so "vigorously" resist payment.

Those young Americans who risked their lives in their country's service and are even today suffering greatly as a result are deserving of better treatment from the Department of Veterans Affairs than they are currently receiving," Reinhardt wrote.

As with any service-connected condition, veterans can seek help from VFW service officers when applying for VA benefits.

"I am no longer able to work the way I used to," said Orlandes Shuemake, who served in Vietnam from 1969-70 and was diagnosed with the leukemia in 2001. "With the help of VFW, I felt that there was a pathway to get some support."

 
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