COURT ORDERS VA TO PUBLISH NEW AGENT ORANGE PRESUMPTIVES RULE

COURT ORDERS VA TO PUBLISH NEW AGENT ORANGE PRESUMPTIVES RULE

U.S. Court of Appeals for the Federal Circuit orders VA to publish new AO presumptives rule within 30 days.



NOTE from Larry Scott, VA Watchdog dot Org ... Last month we brought you this story:

PARALYZED VETS PETITION VA SECRETARY TO PUBLISH NEW AGENT ORANGE PRESUMPTIVES RULE -- United States Court of Appeals for the Federal Circuit orders Secretary Shinseki to respond by noon on Monday, July 19, 2010.
http://www.vawatchdog.org/10/nf10/nfjul10/nf071710-1-1.htm

Then we followed-up with the following story which includes VA's response to the Court which basically said "we're not doing it":

DID VA SECRETARY BOTCH NEW AGENT ORANGE PRESUMPTIVES RULE AND NEW PTSD RULE? -- Veterans' law attorney: "Implementation ... is claimed to be complicated by the Secretary's refusal to follow the Congressional Review Act of 1996."
http://www.vawatchdog.org/10/nf10/nfjul10/nf072010-1.htm

The Court did not agree with VA's reasoning ... so now they must publish the new rule.

The Court's Order is available here for viewing or download.

Press Release from NVLSP below.

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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

http://www.nvlsp.org/Information/PressRoom/NEW
S-RELEASE-%20080210.htm



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.