Local Military News

Payment of new Agent Orange claims begins, will take time

Many Vietnam veterans with ischemic heart disease, Parkinson's disease or B-cell leukemia expected Veterans Affairs compensation for their illnesses to begin soon after a 60-day congressional review period ended Oct. 30.

Though the first batch of payments went out, the relatively small number -- about 1,300 claims worth $8 million -- reinforced the fact that the process for calculating retroactive payments is timely and complex.

Veterans Affairs expects to produce a steady stream of rating decisions and payments each week for these diseases, perhaps in the thousands. But there will not be a November geyser of checks as some veterans had hoped.

Most of 163,000 veterans or survivors with pending claims for these diseases should expect a longer wait, at least several more months. The VA goal is to have all claims processed and paid by October next year.

After the VA published its final regulation Aug. 31 to add these diseases to its list of ailments presumed caused by herbicide exposure in Vietnam, Congress had 60 days to block it. To veterans' relief, it chose not to do so.

Veterans Affairs used that time to do preliminary work on many claims but had to stop short of assigning disability ratings. That's because VA computers are programmed to assign a payment date with each rating and, by law, none of these claims could be paid before the 60 days had passed.

Claim specialists don't have all the information they need yet to rate a lot of the old claims. Many veterans and survivors in line for retroactive payments, some going back 25 years, are being asked to provide letters from private physicians explaining when the ailments first were diagnosed.

VA also will try to develop timelines for a disease's progression in individuals so appropriate disability ratings can be assigned at different stages, and back payments are calculated as accurately as possible.

Barton Stichman, co-director of the National Veterans Legal Services Program, said he doesn't know how many claims will need to be developed this way or how many can be paid without VA waiting for more information. His organization is certified counsel for the class of veterans filing Agent Orange claims.

More than 1,000 claim specialists in nine VA resource centers are working solely on 93,000 claims filed for these diseases between Sept. 25, 1985, and Oct. 13, 2009. The end date is when VA Secretary Eric Shinseki announced his decision to add these diseases to the list of presumptive diseases for Agent Orange exposure.

The earlier date is when VA first published a regulation on presumptive Agent Orange diseases, sparking a successful court challenge on behalf ailing Vietnam vets. This resulted in an appeals court ruling, Nehmer v. Department of Veterans Affairs, ordering that VA compensate veterans retroactively for any claim they filed for a disease later deemed service-connected because of new medical evidence linking it to herbicide exposure in Vietnam.

Shinseki's announcement triggered Nehmer protection for 93,000 previously denied claims. Since then, 70,000 more veterans and survivors have filed new claims for these diseases. The more recent claims are being worked at VA regional offices by another army of claim specialists.

Veterans or survivors who want to be sure their denied claim is being reviewed can call their VA regional office to learn if they are among the 93,000 being eyed for retroactive compensation.

"There's no time limit on this," a VA official said. "So if they don't get some notice that we are working on their claim in the next six months or so they should say 'Hey, what about me?' "

Veterans Affairs expects five to 10 percent of the 93,000 to involve ailments still not linked to Agent Orange and so they will be denied once more. Officials blame imprecision in use of diagnostic codes found in the case files.

About 10,000 of the older claims were filed by veterans now deceased. For these, award notices will be mailed to last known addresses. If past experience is an accurate guide, 90 percent will be returned as undeliverable. Veterans Affairs will take a few more steps to reach next of kin and then pass on these files to the NVLSP to continue the search.

"We've been able to locate a lot of these people in the past" for VA, Stichman said. But for some cases "it's taken us a few years."