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Court Expands Agent Orange Coverage
Posted on August 21, 2006
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Court Expands Agent Orange Coverage
By MATT APUZZO
The Associated Press
Friday, August 18, 2006; 10:20 PM
WASHINGTON -- Veterans who patrolled the waters off Vietnam can claim
disability benefits for exposure to Agent Orange under an appeals court
ruling that opens the door for thousands of servicemen to seek medical
coverage.
The ruling was handed down by the U.S. Court of Appeals for Veterans Claims
in the case of a former sailor who served on an ammunition ship during the
Vietnam War but never stepped foot on land.
The court's order, issued Wednesday, reverses the Veterans Affairs
Department's denial of benefits for Jonathan L. Haas, who blamed his
diabetes, nerve damage and loss of eyesight on exposure to Agent Orange.
Haas argued that clouds of the toxic defoliate, which the U.S. sprayed on
Vietnamese jungles, drifted out to sea, engulfing his ship and landing on
his skin.
Veterans officials said that to qualify for coverage, Haas was required to
have docked in Vietnam and come ashore.
The three-judge panel said regulations governing the benefits were unclear.
The court said it made no sense for veterans who patrolled Vietnam's inland
waterways and those simply passing through the country to receive medical
coverage while those serving at sea do not.
"Veterans serving on vessels in close proximity to land would have the same
risk of exposure to the herbicide Agent Orange as veterans serving on
adjacent land, or an even greater risk than that borne by those veterans who
may have visited and set foot on the land of the Republic of Vietnam only
briefly," Judge William A. Moorman wrote.
The Veterans Affairs Department said Friday that it was reviewing the
opinion and was not sure how many veterans would be affected or how much the
added coverage would cost.
Most Vietnam combat veterans receive some medical benefits, but if their
illnesses are related to their service, they could receive full coverage and
their families might be eligible for benefits.
David Houppert, director of veteran's benefits for the Vietnam Veterans of
America, said the ruling could allow thousands of veterans to seek coverage
for service-related illnesses. Most are Navy veterans, he said, but some
Marines and Army veterans could be affected.
Houppert said the group was encouraging these veterans to seek coverage
quickly because the ruling left it up to government officials whether to
change federal regulations in a way that could deny coverage
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