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Tuesday, September 18 2018 @ 09:37 AM EDT

Agent Orange Fair Compensation Act

Veteran Affairs
Please contact your Senator, Congressman, and also Pennsylvania’s U.S. Senators Bob Casey and Arlen Specter to ask them to sponsor and introduce The Agent Orange Fair Compensation Act
 
Sample letter below

Re: Agent Orange Fair Compensation Act,  

Dear Senator/Representative :
 
Please sponsor and introduce The Agent Orange Fair Compensation Act, which would:
 
Amend title 38, United States Code, chapter 11, to clarify that an award of benefits based on a regulatory presumption established pursuant to 38 U.S.C. 1116 after September 30, 2002, can be made effective earlier than the date the regulatory presumption was established, in effect, to the date of the first claim; and to clarify that the presumption of herbicide exposure provided by 38 U.S.C. 1116(f) applies to veterans who served in Vietnam on land or on Vietnam's inland waterways and to those who served only in waters offshore or in airspace above. The determining factor will be receipt of the Vietnam Service Medal, or the Armed Forces Expeditionary Medal issued for service in the Vietnam War.
 
SECTION 1. SHORT TITLE; R EFERENCES TO TITLE 38, UNITED STATES CODE.
 
(a) Short Title- This Act may be cited as the `Agent Orange Fair Compensation Act'.
(b) References- Wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.
 
SEC. 2. CLARIFICATION OF AUTHORITY TO ESTABLISH PRESUMPTIONS BASED ON HERBICIDE EXPOSURE; CONFIRMATION OF RETROACTIVE PAYMENT.
 
(a) Section 1116 is amended by adding at the end the following new subsection: `(g) Presumptions established pursuant to this section shall be considered to be presumptions established pursuant to the Agent Orange Act of 1991. Awards based on such presumptions are subject to section 5110 of this title and shall not in any event be made effective earlier than the effective date of the regulation establishing the presumption, but m ust be made back to the date of first claim, whichever is later.
(b) Applicability- The provisions of section 1116(g) as added by this Act apply to any determination made on or after the date of enactment of this Act, or prior to it back to the date of first claim except as the provisions of section 5110 apply, concerning a person's entitlement to benefits administered by the Secretary.
 
SEC. 3. CLARIFICATION OF DEFINITION OF SERVICE IN THE REPUBLIC OF VIETNAM.
(a) Paragraph (f) of section 1116 is amended by adding to the end of that paragraph the following: `For the purposes of this presumption, a veteran will be considered to have served in the Republic of Vietnam if the veteran was physically present on land in Vietnam, or on its inland waterways, or if the veteran served only on the waters offshore or in airspace above, and received either the Vietnam Service Medal or the Armed Forces Expeditionary Medal for ser v ice in Vietnam.'.
(b) Applicability- The provisions of section 1116(f), as amended by this Act, apply to any claim filed on or after February 6, 1991, that is still pending on the date of enactment of this Act, including a claim to reopen or revise a previously denied claim, and to any claim filed on or after the date of enactment of this Act. A claim is pending if it has not been the subject of a final VA decision granting or denying benefits, or if such a decision is currently on appeal before a court. Previously open claims closed subsequent to 2002 shall be reinstated in full. Benefits will be paid to the date of first claim in all cases under this authority, minus any previously paid claims, within the boundaries of section 5110. In all cases under this authority, failure to file an appeal subsequent to a denial after 2002 shall not interrupt retroactive benefits.
 
Sincerely,
 

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