THE CAPITOL VETERAN........JUNE-JULY , 2010.......Page 2

VETERAN BENEFITS, NEWS

WAITING FOR ADJUDICATION FOR
ISCHEMIC HEART DISEASE, PARKINSON'S DISEASE OR
B-CELL LEUKEMIA?????

                                                    From the VA Watchdog.....
     Sen. Jim Webb (D-VA), chief architect of the pricey Post 9/11 GI Bill education benefit for veterans of the Iraq and Afghanistan war era, could become a new champion, for taxpayers, against what he perceives as excess spending on military pay and on a new wave of Agent Orange claims.
     Webb, a former Navy secretary and decorated Vietnam War veteran, risked the anger of thousands of veterans from that war when he won Senate approval last week of an amendment to block, at least temporarily, the Department of Veterans Affairs from paying new disability claims on three prominent diseases presumed linked to wartime herbicide exposure.
     As many as 86,000 Vietnam veterans with ischemic heart disease, Parkinson's disease or B-cell leukemia are awaiting a final VA regulation to receive disability compensation based on a decision last fall by VA Secretary Eric Shinseki of evidence linking these diseases with exposure to deadly defoliant used during the war.  Many more vets could file first-time claims.
     VA officials not only have published interim regulations already but, for months have been encouraging veterans stricken with these diseases, or their surviving spouses, to file new claims or re-file claims as soon as possible because benefits would be paid back to the filing dates.
     But Webb proposed, and senators accepted May 27, an amendment to the fiscal 2010 war supplemental funding bill (HR 4899) to limit spending on claims filed for these new presumptive Agent Orange diseases for 60 days.  That will allow Congress time to study the VA decision and examine more closely the link found between these diseases and herbicide exposure.
     Immediately after the vote, Webb began a trip to Asia and could not be reached for comment.  He told Congressional Quarterly, however, that he wants Shinseki to explain his reasons for expanding last October the list of presumptive diseases tied to Agent Orange.  Congress, he said needs to hold VA to" an accountable standard" for such claims.
     The VA draft regulation, published in March, projected costs for Agent Orange claims will jump by $13.6 billion in a year and by $42.2 billion over 10 years.  By comparison, the projected 10 year cost of new Post-9/11 GI Bill benefits that Webb pushed into law is $52 billion.
     Webb first became involved in Agent Orange issues while staff director of the House Armed Services Committee in the late 1970's.  He has expressed concern to staff and fellow senators over the expanding list of diseases presumed caused by defoliants in Vietnam.  The Agent Orange Act of 1991 makes veterans who suffer from these presumptive diseases eligible for compensation even if they spent only a day in country. Cont. on Page 7.......     

 

VETERAN LEGISLATION/NEWS

     President Harper also reports:   that June also was an impressive victory for our chapter.  Our Chapter along with the
Sacramento Veterans Affiliated Council and with the help of other veterans and veterans organizations won a political battle in Sacramento to keep the Sacramento County Veteran's Service office open for the fiscal year 2010-2011.
     As you recall, the office was slated for closing by the Sac County Board of Supervisors due to budget cuts.  We formed a veteran's coalition in Sacramento which I headed up to fight against these recommended cuts.  It was a two month campaign and we finally convinced the Supervisors to fully retain all the positions that were up for elimination during budget hearings.
     This was a case that all veterans from various organizations led by the chapter and the VAC came together to do what is right for our veterans.  In my 20 years of managing veterans programs in this town, I have never seen so many hats/caps come together in the County Board  chamber on June 2, 2010 and show strength of force to  change the decision of the Board to retain the program.
     As on County Board member told me during the break "It's very impressive to see so many veterans attend the hearing".  He indicated, it made a difference.  It just goes to prove, if we all come together for a common purpose and put our differences aside, we are a powerful and influential voice in this community.
     In summary, this was a huge political victory for us and all the veterans in this community.  I want to thank all of whom you  joined our coalition and made phone calls to the Board of Supervisors and those who showed up at the budget hearings.  Please take a bow for a job well done.       Semper Fi!  Don Harper

             JUDGE:  LAW PENALIZING FAKE HEROES
                  UNCONSTITUTIONAL    Associated Press                    
      (Excerpts from the article) Denver - A Law that makes it illegal to lie about being a war hero is unconstitutional because it violates free speech, a federal judge ruled July 16, as he dismissed a case against a Colorado man who claimed he received two military medals.  Rick Glen Strandlof claimed he was an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star, but the military had no record the ever served.  He was charged with violating the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have won a military medal.
     U.S. District Judge Robert Blackburn dismissed the case and said the law is unconstitutional, ruling the government did not show it has a compelling reason to restrict that type of statement.  A spokesman for the U.S. Attorney in Denver said prosecutors are reviewing the decision and haven't decided whether to appeal.  The spokesman said that decision would be made by the U.S. Justice Department in Washington and prosecutors in Denver.
     The law has also been challenged in California and in a case now before the 9th U.S. Circuit Court of Appeals.
                     Continued on Page 8........

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