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Vietnam Veterans Are Still Dying From Agent Orange

By John Lindquist

John Lindquist, VVAW National Office

The last time we had an update on Agent Orange it concerned the qualifications needed for compensation under the Agent Orange lawsuit settlement. Basically, if you are not 100% disabled or dead, you don't get a thing.

Recently the Nehmer vs the U.S. Veterans Administration was settled. The following is a copy of the letter the V.A. sent out to all vets who had previously filed for a V.A. settlement.

LEGAL NOTICE

IMPORTANT INFORMATION FOR THOSE INTERESTED IN AGENT ORANGE DISABILITY COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION (DIC)

The Court's decision in the lawsuit of Nehmer vs US Veterans' Administration 712 F. Supp. 1404 (N.D. Cal. 1989) ("Nehmer lawsuit") may affect your entitlement to disability compensation or dependency and indemnity compensation (DIC) benefits from the Department of Veterans Affairs, formerly known as the Veterans Administration ("VA"). The Nehmer lawsuit was brought on behalf of all current or former members of the U.S. Armed Forces, or their next of kin, who have had a claim denied by the VA, or have a claim pending, or are or will become eligible to file a claim for service-connected disability or death benefits arising from the exposure during military service during the Vietnam war to herbicides containing dioxin. Dioxin is a chemical that was contained in the herbicide "Agent Orange" that was sprayed in Southeast Asia during the Vietnam War.

On May 3, 1989, U.S. District Judge Thelton Henderson overturned a portion of VA's regulations covering disability and death claims based on Agent Orange/dioxin exposure and all benefit denials made under those regulations.

As a result of the Court's decision, VA has begun to create regulations to cover Agent Orange related claims. You and other members of the public may participate in this process (referred to as rulemaking proceeding).

Once VA published its new regulations, VA will provide written notice both to those of you denied benefits under the previous regulation (all claimants who submitted dioxin benefit claims that were denied by VA after September 25, 1985) and to those of you who have pending claims based on Agent Orange, and allow you a reasonable and specified time to present additional evidence and reasons why your claim should be granted under the new regulations. If you don't present any additional evidence, VA will examine your claim on the basis of the information already before it.

If you have not filed a claim, you have a right to do so to seek compensation for any disability or death that you believe is connected with exposure to Agent Orange during military service. Any claim you now file will be decided under the rules VA ultimately adopts in the new rulemaking proceeding. If your claim is approved by VA, under the new regulations the amount of money you will receive may depend on the date VA receives your claim. The earlier VA receives your claim, the more money you may receive if your claim is approved. Claims forms (VA Form 21-256 for service-connected disability claims and VA Form 21-534 for service-connected death claims) are available at any VA Regional Office.

If you already have filed a claim for compensation for a disability or death that you believe was connected with exposure to Agent Orange and that claim was finally denied (after all appeals, if any) by VA before September 26, 1985, the decision in the Nehmer lawsuit does not require VA to reopen your claim. However, you may now file a new claim. Any new claim you now file will be decided under the rules that VA ultimately adopts in the new rulemaking proceeding.

Questions about this notice and your rights can be answered by a benefits counselor at a VA Regional Office who can be reached by calling the local or "800" number listed under "United States Government" or "Veterans Administration" in your local telephone book. You can also contact the lawyers who represent the veterans or their next of kin who are class members in the Nehmer lawsuit. The address of these lawyers is:

Counsel for Plaintiffs' Class
National Veterans Legal Services Project
Attention: Nehmer Class Member Information
2001 S. Street, N.W.
Suite 610
Washington, DC 20009