Research - Rehabilitation - Re-Employment

Sgt. Shaft 03/22/2004

Dear Sgt. Shaft:
I would like to alert you and your veteran readers of pending legislation of utmost importance. This legislation, Senate bill 1125 (S.1125), provides for a desperately needed Trust Fund Solution to the problem of how to compensate veterans and others suffering from asbestos-related diseases.

For decade’s military veterans – Navy veterans in particular - have been exposed to deadly asbestos while serving their country. Asbestos-related illness has a very long latency period, in some cases 10 to 50 years; therefore, many veterans are unaware of exposure or the potentially devastating consequences to their health. As a result, only a relatively small number of veterans have applied to the VA for asbestos-related compensation. Of this small number of claimants, less than one third receive service connection for their asbestos-related diseases. Unfortunately, asbestos disabled veterans seeking to recover damages from asbestos manufacturers (and outside the VA compensation system) face lengthy delays as well as an expensive, cumbersome and time-consuming system.

Fortunately for veterans there is a Trust Fund Solution to this intractable problem pending in the United States Senate. S. 1125, the Trust Fund Solution, will establish a fair and efficient system to pay claims related to asbestos-related illnesses. This legislation provides veterans an additional compensation source and does not replace (or diminish) compensation owed to them or their families through the VA system

Sick veterans should be compensated now, not years from now. Veterans also deserve the peace of mind that comes from knowing money will be available from the asbestos companies to pay their claims. S.1125 not only provides certainty of payment and availability of funds but immediate payment as well.

Sgt. Shaft, thank you for addressing this important veterans’ health care concern. Our fellow veterans suffering from asbestos related illness need the immediate and fair compensation S. 1125 provides. This legislation is a winner for veterans and deserves our support.

Sincerely,
Larry W. Rivers
Past commander Veterans of Foreign Wars

Dear Larry
You will be happy to know that the Fleet Reserve Association recently penned a letter to Senate majority Leader Bill Frist ® Tennessee. The letter focuses on many of your concerns. In his letter Joe Barnes, National Executive Secretary of the Association stated, “The Fleet Reserve Association (FRA) does not believe the current asbestos resolution process serves the best interest of America's veterans. The process is clearly broken; therefore, the status quo, i.e., resolving asbestos-related claims within the framework of the law, is no longer feasible. FRA supports a Trust Fund Solution to this problem and encourages you and your colleagues to work for passage of legislation that would establish a Trust Fund Solution.

Veterans suffering from asbestos-related illnesses should not be forced to remain mired in a system that does not work. Many veterans do not receive timely resolution * or adequate compensation * despite years of waiting for their claims against asbestos manufacturers to be adjudicated. Further, the deadly diseases associated with asbestos exposure result in high morbidity and many veterans die before they have their day in court. Justice delayed is truly justice denied.

The bill S. 1125 is designed to create a fair and efficient system to resolve asbestos claims and provides the framework for an acceptable Trust Fund Solution to the asbestos problem. FRA therefore supports the intent of this legislation. However, as you and your colleagues work out the final details of the bill, the Association encourages you to seek input from veteran’s service organizations, concerned veterans, and the Department of Veterans Affairs. This legislation is important to America's veterans, and FRA urges you to include them in the legislative process and address their legitimate concerns.

Shaft Kudos

Congratulations to Congressman Chris Smith (NJ) (R Chairman of the House Veterans' Affairs Committee, who was recently honored by The American Legion as the sole recipient of the organization's 2004 Distinguished Public Service Award.

American Legion National Commander John Brieden praised Smith for his "willingness to do what is right versus what is popular... to take a stand based on principle rather than giving in to political pressures. He is one of those fighters that takes his licks, but never loses focus on his objective.

Brieden highlighted the extraordinary legislative accomplishments of Smith during his three years as Chairman of the House Committee on Veterans' Affairs. Since 2001, Smith has authored 11 separate veterans' bills approved by Congress - all signed into law by President Bush - that have expanded and improved health care services and benefits for America's 25 million veterans, their families and survivors. Brieden also highlighted Smith's relentless advocacy and success at increasing federal funding for veterans' health care programs, which has risen 34% over the past three years.

The American Legion honored Smith, according to the award's citation, "[i]n recognition of his distinguished public service career, as well as his service to the nation's veterans, including quality health care and education; his commitment to combat domestic and international terrorism; his support for human rights, including efforts to protect women and children from abuse and violence; and his steadfast efforts to protect the American flag from physical desecration."

"I am truly touched to be chosen by The American Legion to receive this high honor," said Chairman Smith. "It has been a privilege to lead the House Veterans' Affairs Committee and have the opportunity to work every day to improve the delivery of benefits and services earned by our Nation's 25 million veterans, including over 650,000 living in New Jersey," he said.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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