End Of An Error? — Veteran Asks Obama, Chet Edwards To Overturn Bush’s ‘Feet On Dry Land’ Decision That Denies Compensation To Sailors Harmed By Agent Orange

VALLEY MILLS, Texas The cases of literally thousands of Blue Water sailors suffering from diseases and complications of poisoning by Agent Orange, and yet denied compensation and pension by the Department of Veterans Affairs, are not hopeless.

According to Bart Stichman, chief litigator of the case of Commander Haas, the officer denied a writ of certiorari by the U.S. Supreme Court in the matter of his affliction, Congress could act in the current session to enact a bill to repeal the Adjudication Policy that has been used to deny the benefits to those suffering from a large number of incurable diseases including cancer, diabetes and their complications.

An attorney employed by the National Veterans Legal Services Program of Washington, D.C., Mr. Stichman said, “There will need to be legislation to overturn the decision” made when the Secretary of the Department of Veterans Affairs amended the M-21-1 Policy Adjudication Manual to require that only those who placed their feet on dry land may be compensated and pensioned when diagnosed with these diseases.

Yet the substantive public law enacted by Congress extends the same privilege to those who served in the coastal waters of the Republic of Vietnam. Many sailors are drawing such benefits today. The only difference between their cases and those who do not draw benefits is the date they filed the claim. If it came after the inauguration of George W. Bush, then their claims have been denied. Those who filed for compensation and service connection during the Clinton Administration enjoy full benefits, medical care, prescriptions, eyeglasses and dental care.

During the latest session of Congress, Representative Bob Filner, Democrat of California’s 51st Congressional District and Chairman of the House Veterans Affairs Committee, introduced a bill that would have reversed the policy. The session closed before the bill could be voted out of committee.

If similar legislation is introduced during this session, then passed by both houses of Congress and signed by the President, those thousands of sailors denied compensation and pension during the past eight years would become eligible, and their claims approved notwithstanding any other barriers to their eligibility.