New Blue Water Ruling on Agent Orange Exposure

By Chuck N. Baker
When chemicals, liquids and powders are released into the air, how far do they travel, in which direction, and do they lose their potency over long distances? The answer is complicated and multi-faceted, and it depends on the wind, the weight of the element, additional factors in the air and a host of detailed technicalities. But according to select Navy veterans who served offshore during the Vietnam War, Agent Orange sprayed on land, migrated into the air and sea – eventually reaching American sea vessels.

In last month’s NDVS newsletter, a report described proposed legislation that would compensate sailors for illnesses they say have been caused by Agent Orange. The legislation met with resistance from Congress and from the Department of Veterans Affairs. But since then, the legal scene has shifted dramatically. A federal appeals court in Washington has now ruled that approximately 50,000 veterans who served offshore and were diagnosed with illnesses presumed to be caused by Agent Orange are entitled to compensation. The court stated that sailors who were exposed to Agent Orange, through the air, and by contaminated water funneled into a ships’ distillation system, are entitled to financial and medical benefits. Agent Orange exposure allegedly also came from water used for laundry, cleaning and drinking.

Sailors who ascertain they have been affected by Agent Orange exposure have come down with such illnesses as diabetes, prostate cancer, Parkinson’s disease, heart disease, respiratory infections and others. The federal court stated that the government’s definition of the “Republic of Vietnam” should include the territorial seas offshore from that nation.

The court’s ruling, while welcomed by those veterans who served offshore, does not automatically mean the VA will begin granting benefits to those who have submitted applications. When asked for a comment, Peggy Kearns, Director of the Southern Nevada Healthcare System in North Las Vegas, said “We’ll treat ‘em.”  if VA headquarters in Washington says to begin processing Blue Water veterans.

In a published media report, Chief of Support Services Division for the VA Reno office, Nathaniel Miller, told a reporter his facility has not received guidance regarding the decision. As of now it is unclear if the VA will challenge the ruling. VA Secretary Robert Wilkie has stated that there is insufficient evidence that Navy veterans in question have become ill due to Agent Orange and he has also cited potential millions of dollars in costs that would be required to undertake examinations and benefit payments. As in most court cases eligible for appeal, it could be said that “it ain’t over ’til it’s over.” Time will tell if the VA will begin processing benefit applications or return to the courts or to Congress.

Not all who served offshore have knowingly become ill or will necessarily apply for benefits. For example Philip C. Sedgwick, a Navy veteran from Arizona who served offshore in Vietnam was asked about the ruling. He said he has not been affected by any of the presumed illnesses and has no plans to apply to the VA for Blue Water benefits. Michael Yates, a local leader with the Blue Water Navy Association, has been diagnosed with several of the presumptive illnesses. In response to the court’s decision, he said, “We’re very pleased with it, that’s for sure.” He called it “a very positive decision,” but added he and other veterans are now siting back waiting to see if the VA will appeal again.

Although the courts have sided with the veterans, legal experts would like to see Congress pass legislation as well to fully solidify the law. As was noted in the article last month, Nevada legislators have spoken positively on the side of veterans. Their comments bear repeating here:

Senator Catherine Cortez Masto was asked where she stood on the issue. Her Communications Director, Ryan King, replied: “The Senator previously supported this legislation in the Senate and remains committed to providing our nation’s veterans, especially those harmed while in service to their country, with the support and resources they need to recover.”

When contacted for this article, Rep. Dina Titus said, “It’s long past time our Blue Water Navy veterans get the care and benefits they have earned. That’s why I’m proud to help introduce the Blue Water Navy Vietnam Veterans Act and end this injustice.”

Congresswoman Susie Susan Lee stated, “As a nation, we must provide tens of thousands of veterans the benefits they earned during their time of service to our country. The Blue Water Navy Vietnam Veteran Act will pick up where the last Congress left off and finally ensure that those exposed to the toxic substances, and their children who inherited problems because of that exposure, are taken care of. I’m proud to join Chairman Takano and add my name to this important piece of legislation.”