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Court Limits Agent Orange Benefits

Tuesday, July 1, 2008 at 10:11 AM

by Wisconsin VFW News

Some Navy veterans who served in Vietnam and now claim they are sick because of exposure to the herbicide Agent Orange during the war now bear a heavier burden of proof if they hope to earn disability compensation and health care for their conditions from the Department of Veterans Affairs.

The U.S. Court of Appeals for the Federal Circuit ruled May 8 that the VA correctly defined "service in Vietnam" as actually setting foot on land or navigating the country's inland waters, rather than off the coast.

The ruling overturns an earlier Court of Veterans Appeals decision that would have forced the VA to broaden its definition, and as a result open the doors to compensation and treatment to more veterans.

The decision in the case, Haas v. Peake, is available online at find it at: www.cafc.uscourts.gov/opinions/07-7037.pdf

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