VETERANS ORGANIZATIONS SCORE VICTORY FOR VIETNAM
VETS
SUFFERING FROM AGENT ORANGE DISEASES,
VA ORDERED TO PUBLISH NEW COMPENSATION RULES IN 30 DAYS
Paralyzed Veterans of America, National Veterans
Legal Services Program,
Non Commissioned Officers Association, & United Spinal Association/VetsFirst
Win Court Order
WASHINGTON –
Veterans organizations scored a victory today for Vietnam veterans suffering
from diseases associated with
Agent Orange exposure.
In a court order issued this morning, the U.S. Court of Appeals for
the Federal Circuit instructed the VA to issue within
30 days new rules for paying disability benefits to Vietnam veterans
stricken with ischemic heart disease, Parkinson’s disease, or
B-cell leukemias.
The successful request for a writ
of mandamus was filed in July 2010 by a coalition of veterans service
organizations: the National Veterans Legal Services Program (NVLSP),
the Paralyzed Veterans of America, the Non Commissioned Officers Association,
and United Spinal Association/VetsFirst.
The organizations received pro-bono legal help from Chadbourne &
Parke LLP.
The VA claimed it could not issue the rules by the June 23rd deadline
set by an act of Congress,
because it was waiting for another federal agency (the Office of Management
and Budget) to review them.
The unanimous three-judge panel disagreed and said VA must publish final
rules on the three diseases
in the Federal Register within 30 days.
The rules impact an estimated 200,000 Vietnam veterans or their survivors
who suffer from one of the three
Agent Orange-related diseases.
“We filed this request because veterans who have given so much
for our country, should not have their
compensation claims delayed because two federal agencies can’t
get their act together and comply with the law,” said Bart Stichman,
co-executive director of NVLSP. “Today’s court order is
a victory for our Vietnam veterans, and sends a strong message to federal
bureaucrats – that bureaucratic delays will not be tolerated.”
For many veterans and survivors, the date that VA rules are published
has an impact on the amount of financial benefits they will receive.
If a Vietnam veteran or survivor files a claim before VA publishes the
rules on the three diseases, they are eligible
for benefits retroactive to the date the claim is filed – even
though VA publishes the rule after the claim is filed.
But VA estimates that as many as 150,000 Vietnam veterans and survivors
will not file their paperwork until after the rules are published.
The date of publication is important to these veterans and survivors
because by law, they cannot receive retroactive benefits for any period
prior to the date of publication.
Thus, for every month that publication is delayed, these veterans and
survivors lose a month of retroactive benefits.
As a result, late publication of a rule can result in veterans losing
millions of dollars in benefits to which they would otherwise be entitled.
For months, NVLSP and other veterans service organizations have advised
veterans suffering from one of the three diseases to file a claim immediately.
But the publication of rules in 30 days will likely result in a flood
of additional VA claims.
PRESS / MEDIA INTERVIEW REQUESTS
Press and media interview requests
should be directed to Ami Neiberger-Miller, NVLSP public relations,
703.887.4877, ami@steppingstonellc.com
or
Andrew Blum, Chadbourne & Parke,
212.728.4519,
ablum@chadbourne.com.
ADDITIONAL INFORMATION
ABOUT THE VETERAN’S SERVICE ORGANIZATIONS FILING THE LAWSUIT
Non Commissioned Officers Association,
Richard C. Schneider, (703) 549-0311, www.ncoausa.org
Paralyzed Veterans of America, Mark
Daley (202) 416-7681, www.pva.org
United Spinal Association/VetsFirst,
Len Selfon, (202) 556- 2076, lselfon@unitedspinal.org,
www.vetsfirst.org
ABOUT NATIONAL VETERANS
LEGAL SERVICES PROGRAM (NVLSP)
The National Veterans Legal Services
Program (NVLSP) is an independent, nonprofit veterans’ service
organization that has served active duty military personnel and veterans
since 1980. NVLSP has represented veterans in
Agent Orange lawsuits for nearly three decades.
NVSLP offers training for attorneys and other advocates, connects veterans
and active duty personnel with pro bono legal help, publishes the nation’s
definitive guide on veterans’ benefits, and represents and litigates
for veterans and their families before the VA, military discharge review
agencies, and federal courts.
For more information, go to www.nvlsp.org.
ABOUT PARALYZED VETERANS
OF AMERICA
Paralyzed Veterans of America is
a nonprofit veterans service organization founded in 1946
and chartered by Congress.
The organization has more than 19,000 members, all of whom are veterans
of the Armed Forces of
the United States who suffer from an injury or disease of the spinal
cord.
For more information, go to www.pva.org.
ABOUT CHADBOURNE & PARKE LLP
Chadbourne & Parke LLP, an international
law firm headquartered in New York City, provides a full range of legal
services, including mergers and acquisitions, securities, project finance,
private funds, corporate finance, energy, communications and technology,
commercial and products liability litigation, securities litigation
and regulatory enforcement, special investigations and litigation, intellectual
property, antitrust, domestic and international tax, insurance and reinsurance,
environmental, real estate, bankruptcy and financial restructuring,
employment law and ERISA, trusts and estates and government contract
matters.
Major geographical areas of concentration include Russia, Central and
Eastern Europe, the Middle East and
Latin America.
The Firm has offices in New York, Washington, DC, Los Angeles, Mexico
City, London (an affiliated partnership), Moscow, St. Petersburg, Warsaw,
Kyiv, Almaty, Dubai and Beijing.
For additional information, visit www.chadbourne.com.