Agent Orange (Haas v. Nicholson) Decision
The Veterans Benefits Administration held a
meeting 7 SEP to brief VSO/MSO organizations on their ongoing information
security upgrades and improvements. They also brought the attendees up to date
on VBA’s reaction to the recent Agent Orange
(Haas v. Nicholson) decision by the Court of Appeals for Veterans Affairs. This
decision opens Agent Orange presumptive conditions to all personnel who were
recipients of the Vietnam Service Medal and includes those personnel aboard
ships and vessels who were off the coast and did not actually set foot
"in-country." VBA is currently working with the Department of Justice
to perfect their appeal of this decision. They claim that if this decision is
allowed to stand then VBA will have to hire an additional 230 full time employees
to review approximately 500,000 cases. They also stated that they would expect
approximately 86,000 new applications for the benefits and 14,000 DIC claims.
It would also cost in excess of $3 billion, as many of the claims would be
retroactive which would be very costly.
The VBA will accept and acknowledge any new
claims based upon the "Haas" decision with letters stating that they
have received the claim but any decision on that particular issue will be
delayed pending further instructions from VA Headquarters. Current guidance
requires each RO to control these claims with a discreet control number (end
product) for tracking and control purposes. VA will continue working on any new
claims made that are from other medical issues. The briefer also stated that
the Haas decision, if allowed, will totally paralyze VA and nothing else would
get done. The question arises that if this would have such a detrimental impact
on VA’s ability to perform why can’t they go to Congress and
request additional funding to comply with the court’s mandate. [Source:
NAUS Weekly Update 8 Sep 06 ++]