Research - Rehabilitation - Re-Employment

Sgt. Shaft 12/11/2008

Dear SGT. Shaft,

I have been investigating and reading a lot lately on the herbicides that were sprayed in Thailand as well as Vietnam in the 1960s and trying to understand why the VA is not allowing VA benefits for illness and disease caused by the herbicides for the soldiers that spent time in Thailand and making them prove they set foot in Vietnam.

This really seems very unfair to those that swam in the rivers, were based in the areas where the foliage died in front of their eyes, et cetera. Do you know if any new laws have been passed for these folks to be able to file a claim with proof of just being in Thailand alone. A lot of them seemed to have been in Vietnam whether it be R&R related or delivering supplies, but who knows if these records exist? I guess that would be a second question for you.

Thank you for any information you could give me on this matter.

Sandra L
Heaven Scent LLC

Dear Sandra:

Those in the know at the VA tell me that VA regulations provide for the presumptive service connection of certain diseases based on exposure to tactical herbicides such as Agent Orange. Exposure is presumed for any veteran who served on the ground or the inland waterways of the Republic of Vietnam between Jan. 6, 1962, and May 7, 1975, and for veterans who served in specific military units stationed on the Korean demilitarized zone (DMZ) between April 1968 and July 1969.

Based on the available military documents, VA has concluded that there is insufficient evidence to establish a presumption of herbicide exposure for any veteran based solely on service in the country of Thailand during the Vietnam era. Official information does not indicate extensive, or any specific, use of herbicides in Thailand. However, this does not preclude potential service connection on a factual direct basis, if VA is able to obtain evidence of actual herbicide exposure in individual cases.

Shaft Notes
Congratulations to Rep. Bob Filner who was recently re-elected by the Democratic caucus as chairman of the House Committee on Veterans' Affairs. Mr. Filner, California Democrat, will serve his second term as chairman in the upcoming 111th Congress, which begins on Jan. 6.

Mr. Filner commented: "I am grateful to my Democratic colleagues for supporting me as chair of the Veterans' Affairs Committee. It is truly an honor and a privilege to serve our nation's veterans, and I appreciate the support of the caucus."

"We made significant progress in caring for our veterans over the past two years, but much remains to be done. A new basis of stable funding must be developed. The claims backlog must be attacked in a new way. And the mental health of our veterans - both old and new - must remain a high priority.

"I am looking forward to working with a dynamic new secretary of Veterans Affairs in the Obama administration to achieve these aims."

The Department of Veterans Affairs recently announced improvements to its beneficiary travel program for veterans who must travel for VA health care. The VA increased the mileage reimbursement rate by 13 cents a mile and cut deductibles by more than half. The improvements were mandated in legislation introduced by Senate Veterans Affairs Committee Chairman Daniel K. Akaka, Hawaii Democrat, that was included in the Veterans' Mental Health and Other Care Improvements Act of 2008.

"VA health care should be open and accessible to all veterans, not just those who live close to VA facilities. I am pleased VA is acting so that starting early next year, deductibles for one-way, round trip, and monthly travel will be cut by more than half," he said.

"At the beginning of this Congress, mileage reimbursement for veterans traveling to receive health care had not increased since 1978 - nearly three decades ago. This increase, authorized by Congress, leaves veterans' mileage reimbursements over three times higher than the 2007 level," Mr. Akaka said.

As provided for by PL 110-387, the deductibles for one-way and round-trip travel will be set as follows: $3 for each one-way trip (from $7.77), and $6 per round trip (from $15.54). In addition, the monthly cap has been reduced to $18 (from $46.62). PL 110-387 also authorized VA to raise the veterans' mileage reimbursements above the rate given to federal employees when using their own vehicles, while setting that rate as a minimum. Earlier this year, the majority members of the committee recommended that VAs increase the rate to match the reimbursement for federal employees using government vehicles for official travel.

The change in the mileage reimbursement rate became effective Nov. 17, while the deductible will go into effect Jan. 9.

The Department of Defense has launched the National Resource Directory, a collaborative effort between the departments of Defense, Labor and Veterans Affairs.

The directory is a Web-based network of care coordinators, providers and support partners with resources for wounded, ill and injured servicemembers, veterans, their families, families of the fallen and those who support them.

"The directory is the visible demonstration of our national will and commitment to make the journey from 'survive to thrive' a reality for those who have given so much. As new links are added each day by providers and partners, coverage from coast to coast will grow even greater ensuring that no part of that journey will ever be made alone," said Lynda C. Davis, deputy undersecretary of defense for military community and family policy.

Located at www.nationalresourcedirectory.org, the directory offers more than 10,000 medical and non-medical services and resources to help service members and veterans achieve personal and professional goals along their journey from recovery through rehabilitation to community reintegration.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-257-5446 or email sgtshaft@bavf.org.

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