Wednesday, July 01, 2009

The Wives' Letters

[Note: This is a reposted and updated entry that needs to be put up over and over to remind folks of the role played by the wives in all of this struggle.]

They write. They call. They fax. They file form after form. They drive wherever they need to go in order to document, present, appeal, or argue their case. And they are frequently shut out.

No sailor wants to make that last voyage without providing for his widow, and/or his family. One of the ways to do so is to file a claim with the Department of Veterans Affairs under the Agent Orange Act of 1991. Unfortunately, and apparently illegally, the DVA stopped approving claims in 2002 for Navy Veterans who served in the “off shore waters of Vietnam”.

…John was hospitalized three nights ago with what has been diagnosed as pneumonia resulting from multiple myeloma. The doctors aren’t holding out much hope. What can I do? We’re out of money. John’s claim was denied because he did not set foot on the ground…

In many cases, those sailors with pending claims died before their claims were decided. Their claims died with them. Their widows got…absolutely nothing.

In 2002, the DVA modified their procedural manual to stipulate that a veteran filing for Agent Orange Presumptive benefits must provide proof that he actually set foot on the ground in the Republic of Vietnam. The DVA made this change after issuing a “precedential opinion” in 1997 from their own office of General Council. They did all of this on their own, without any instigation from Congress, or the various Veterans Service Organizations. But they also made the manual change without offering it up for public comment first.

…My husband served three tours on Destroyers off the coast of Vietnam between 1965 and 1971. He never set foot on the ground there. In 1998 Bob was diagnosed with Type II Diabetes, and a year later with cancer of the prostate. They operated, and he tested clear of the cancer for a while, but in 2005 his PSA suddenly skyrocketed. He went in for tests and they found the cancer was back and it had spread throughout his body. They removed one of his lungs late last year, but by summer the other was full of cancer. He was hospitalized repeatedly. None of the treatments really worked. They sent him home last week, in time for his 60th birthday, with days to live. His claim with the VA died with Bob this morning at 5:17 AM. I have no idea what I will do now…

I receive four to seven of these a week. Every week. Fifty two weeks a year. I read them through my tears, and theirs. God! How could so many sailors have been so blessed with such strong wives!?

How could an agency of the United States Government act in such a crass and inhumane manner? Not only was their action illegally done, it was unjustified and unjustifiable, and we felt confident the court would say that in its decision in the Haas case. It was a cruel and heartless action, done coldly. My first claim was rejected in 2003 with the words, “You did not serve in Vietnam.” I have the medals, and the cruise book, and the envelopes and letters sent home free from the combat zone to prove it.

To be perfectly honest, I pray that people like Anthony Principi, Jim Nicholson, and the author of the precedent that was used to change the manual, May Lou Keener, rot in the lowest level of Hell for all eternity. So grievous were their actions that even that fate may be too good for them.

…he had been treated for heart disease and other problems for about five years, all after being diagnosed with Type II Diabetes. Yesterday after lunch he went in to take a short nap. When I went to wake him for our afternoon walk, he was gone. He should have gotten VA benefits, but he was denied and never appealed it. The Lord knows we could use the money for his funeral, and to pay off the mortgage on the house. I don’t want to lose this place. It has too many memories of us in it…

They come in emails, and in their words, through our tears, I see theirs. And in their words I see behind their tears an aura of nobility, grace and strength. These are not women to be trifled with, to be shunted aside with barely a glance, or ignored completely.

These women fulfilled a compact with their sailors, and because their sailors fulfilled a compact with their government, and died as a result of that compact, their wives must be compensated, even though their husbands were not.

We strongly urge the citizens of this nation to take up this cause and make it one of their goals, to see that justice is done for these good and strong women – the wives, widows, and daughters of our Blue Water Naval Veterans of the Vietnam War.

What the DVA did in 2002 was not only illegal, but because it was illegal, it was stupid. Because they did not follow due process of the law, they made a clear and unmistakable error in changing their policy without asking for public comment first, as required by law. Any of their actions subsequent to that policy change are therefore illegal if the DVA personnel followed that policy in the changed manual section.

The Courts, or better yet, Congress, which could save the Veterans and their Wive's a lot of unnecessary legal action, should issue a law connecting prior claims denied under these illegal changes. Because the DVA erred, anything that was ruled subsequent to that error based on that error, must be reviewed and overturned and benefits issued retroactive to the date of the claim. That includes any claims that died when the claimant died, any claims that were rejected based on the erroneous policy change, and appeals that were denied based on that change. Everything in those categories should be reconnected and reprocessed back to the date of the original claim, non-severed by any failure to appeal as well. It was the DVA that erred, not the claimants.

The court or Congress, should also rule that all these claims should be processed to the issuance of benefits within 6 months, including retroactive benefits.

…God gave me thirty wonderful years with my sailor, and I treasure every second of those years. Even the cross words that were sometimes exchanged will be sorely missed. When he took that final voyage last spring, the VA had not completed his claim. Now they won’t even answer my letters and calls. I had to put the house up for sale last summer, and am now living in a small apartment downtown so I can get around. But it is a dangerous neighborhood. I’ve been mugged twice, but all they got was a few dollars. They could have asked me for it and I would have given them the money. Ralphie would have given them each a bloody nose for their trouble. Sometimes, when I am trying to make a decision, I think, “what would he have done?” I was a housewife, I get no retirement from Social Security. I have a little bit left from Ralph’s IRA, and from the sale of the house, but that will be gone in a few years. I don’t know what I’ll do then…

We owe these courageous women a debt that goes far beyond mere gratitude. In many cases, we owe them our lives. Not many of us are financially secure. The presence of VA Benefits will go along way toward building that financial security for us to leave behind. Our wives, and children deserve it because we earned it, and they did, too. They care for us in our pain and illness, they comfort us, they haul us around to doctors, clinics, labs, and offices, and in between all that other stuff they write, phone, fax, and email on our behalf.

Gentlemen, Attention on Deck! To the indomitable and courageous wives, widows, sweethearts, and daughters of the Blue Water Navy Vietnam Veterans, hand salute!

Two!

VNVets

”It is a stain on this nation's honor that the Department of Veterans Affairs has become a deadlier and more difficult adversary to the American veteran than any they have ever faced on a battlefield."-- VNVets

"The concept that Agent Orange, and its effects, stopped dead in its tracks at the shoreline is simply too illogical, and too ludicrous to accept. What does that say about the Bush Administration and his Department of Veterans Affairs?"--VNVets

"With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may achieve and cherish a just and lasting peace, among ourselves, and with all nations." --President Abraham Lincoln

"It follows then as certain as that night succeeds the day, that without a decisive naval force we can do nothing definitive, and with it, everything honorable and glorious."--President George Washington

Copyright © 2005-2009: VNVets Blog -- Now in our Fifth Year of Service to Veterans; All Rights Reserved.

5 comments:

  1. Anonymous15:48

    If it was illegal for the VA to change the rules in the manner you say, why then did the courts deny Haas? I don't understand your reasoning here.

    ReplyDelete
  2. Because that was not what was being argued in Haas.

    That said, since the CAVC has remanded the Haas case back to the BVA, if the BVA still wants to deny, then Haas is free to appeal to the CAVC again [oh yes, the "hamster wheel", and bring up any issues he wants, as long as they are different from the last time.

    We suggest that since the DVA does not have a shred of scientific evidence, and the CAVC told the BVA to make sure if they deny they have overwhelmng evidence, then the CAVC would overturn any denial by the BVA in the Haas case.

    VNVets

    ReplyDelete
  3. Anonymous10:53

    Great work, VNVets.

    Every VN Veterans, wife, husband, family, friends and loved ones should post their personal stories of VN Veterans exposed, suffering, dying and have died from exposure the Agent Orange-Dioxin, the denial of our Department of Veterans Affairs and our very own US Government to provide medical disability benefits to Bluewater Veterans and all VN veterans medical claims.

    Let America and Congress know the facts!

    Congress must pass HR-2254 for Bluewater Veterans Agent Orange Act of 2009.
    Carlo Albanese
    New York

    ReplyDelete
  4. Anonymous11:35

    The reason VA gets away with thier high level of incompetence is because it is the most powerful departmen in the United States Government. If 2254 and 303 is defeated in congress it is a sure sign that congress is absolutely afraid to take on VA. Not only are they refusing ligitimate benefits to Veterans, VA kills Veterans or subjects them to deadly desease (HIV) so far no one in VA has been held accountable for the death of a Veteran under their care.

    ReplyDelete
  5. To the anonymous poster [not the one above here]: your post has been moderated. This is NOT a discussion group. And your language is offensive. Go spread your screed somewhere else.

    VNVets

    ReplyDelete