THE VA OWES VIETNAM VETERANS $844 MILLION OR MORE RETROACTIVELY


By bblouin
Vietnam Veterans saluting an American flag.

Vietnam Veterans continue to face issues, particularly, when it comes to their benefits. The good news is that there are retroactive benefits available. However, the bad news is that the U.S. Department of Veterans Affairs (VA) isn’t making it easy for Vets to access them. But this isn’t just the opinion of many frustrated Veterans within the community. The VA’s Office of Inspector General’s report is confirming these unfortunate suspicions.

$844 Million+ for Vietnam Veterans is in Limbo

In an ideal world, the VA would let Vietnam Veterans know about their benefits, streamline the process, and our nation’s heroes would receive the compensation they deserve. If only it were so simple. The VA’s Office of Inspector General released a report over the summer detailing that there are as many as 87,000 Vets and survivors who deserve retroactive benefits that should be notified. The benefits are available for those who with exposure to toxic herbicides, most notably, Agent Orange. Over $844 million could be owed to Vets and their survivors all at a time when the PACT Act is already increasing the benefits available to the community.

Increasing Costs

While there are millions being discussed, and most agree Veterans deserve every penny they earn. However, there are some concerns about how the country will pay for it. Ballooning costs continue, the PACT Act is already adding to the bill. Additionally, the timing of the trillions of dollars already owed combined with the retroactive compensation, are adding to the considerations of how to realistically pay for everything. As a result, the VA continues to worry about how payments will realistically go out, an issue that could be seen as soon as October 2024.

Nehmer v. US Department of Veterans Affairs and the Present

In 1986, a class-action lawsuit, Nehmer v. US Department of Veterans Affairs, was filed on behalf of Vietnam Veterans and their survivors against the VA. The plaintiffs argued that the VA wrongly denied compensation claims for service-connected disabilities caused by exposure to Agent Orange. In 1991, requirements for the VA were put into place for the group to review and potentially revise decisions on claims from Vietnam Vets. Under the Nehmer consent decree, the VA must compensate eligible class members if evidence shows a diagnosis of a covered condition. The VA agreed to identify past decisions where compensation was denied or granted on grounds other than presumption and to issue new decisions based on the presence of added presumptive diseases. Additionally, if service connection is now warranted, the VA determines retroactive compensation for Vets, their survivors, or estates. This is part of how we got here, as the VA is supposed to provide new benefits for Vietnam-era Veterans when it’s determined to be owed; however, the organization has shown a history of resistance. In 2021, scientific evidence involving Agent Orange in Vietnam Veterans became overwhelmingly clear, linking exposure to a variety of additional illnesses. The 2021 National Defense Authorization Act (NDAA) would expand presumptive conditions qualifying Vietnam War Veterans for compensation. This expansion would have the Inspector General find around 90,000 people missing $372 per month worth of benefits on average.

Bureaucracy is Hindering Vietnam Veterans

Between the VA, the Veterans Benefits Administration (VBA), and the Veterans Health Administration (VHA), there is a lot going on. Its organization is hindering Vietnam Veterans' benefits. It has also led to around 87,000 letters notifying Vets of their compensation falling to the side. Between the three of them, there are disagreements about who is in charge of the health records for Vets. Thus, this has led to VA benefits for Vietnam Veterans not getting to their proper place, hindering families in the process. The Office of Inspector General is calling for automatic notification for Vets who receive presumptive conditions in the VHA's system. However, the VBA only wants to send them if the Vets are already within their system. At the same time, despite reports suggesting the VBA should send new notification letters for Vets, the organization is declining due to the extra work it would create for staff already reeling due to increased activity from the PACT Act. Vietnam Veterans continue to fight through the hassle of receiving Agent Orange benefits, when there are better methods being proposed all along. Suggested reads:

Sources: U.S. Department of Veterans Affairs, Office of Inspector General. Accessed August 2024. https://www.vaoig.gov/sites/default/files/reports/2024-06/vaoig-23-01266-78.pdf Nehmer v. US Department of Veterans Affairs, NVLSP. Accessed August 2024. https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit


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