Should Vietnam Era Vets Who Served in the ‘Blue Water Navy’ Be Eligible for Additional Disability Benefits Linked to Agent Orange Exposure? (H.R. 299)

What is H.R. 299?

(Updated January 23, 2020)

This bill was enacted on June 25, 2019

This bill would extend the presumption of exposure to herbicide agents (such as Agent Orange) to Blue Water Navy (BWN) Vietnam veterans, and to veterans who served near the Korean Demilitarized Zone (DMZ) between September 1, 1967, and August 31, 1971. As a result, these veterans would be eligible for additional disability benefits through the Dept. of Veterans Affairs (VA) if they develop a disease linked to herbicide exposure. The VA would be required to conduct outreach to inform these veterans and veterans service organizations of the ability to submit a claim for disability compensation if they develop certain diseases.

VA benefits would also be extended to certain children with spina bifida who were born to veterans who served in Thailand between January 9, 1962, and May 7, 1975, and were determined to have been in contact with a herbicide agent. The VA secretary would be required to submit a report to congressional veterans affairs committees regarding the use of herbicide agents in Thailand during the Vietnam era.

Additionally, the VA would report to Congress about the number of BWN disability compensation claims and the number of claims granted and denied. The VA would also update Congress about the Follow-up Study of the National Cohort of Gulf War and Gulf Era Veterans, which examines the health of veterans who served in the Gulf War elsewhere.

The VA’s Home Loan Guaranty program would be reformed to ensure that veterans can use their home loan benefit in high-cost areas, and receive appraisals in a timely and cost-efficient manner.

Argument in favor

Vietnam veterans who served offshore in the Navy but were nonetheless exposed to Agent Orange and other toxic herbicides should receive the same disability compensation as veterans who fought in the jungles and rivers of Vietnam.

Argument opposed

The federal government and Dept. of Veterans Affairs should fight a court ruling that Blue Water Navy veterans a court ruling extending benefits to these veterans, and Congress shouldn’t extend benefits through legislation.

Impact

Blue Water Navy veterans and other eligible veterans; the Dept. of Veterans Affairs; and Congress.

Cost of H.R. 299

The CBO estimates that enacting this bill would increase spending by $135 million over the 2019-2024 period, of which $70 million would be subject to the appropriations process.

Additional Info

In-Depth: House Veterans’ Affairs Committee Chairman Mark Takano (D-CA) introduced this bill to extend benefits to military veterans who were exposed to toxic herbicides in the coastal waters of Vietnam or in Thailand during the Vietnam War era:

“The fact that politics got in the way of our duty to care for veterans affected by toxic exposure is a disservice to the 90,000 Navy veterans who served in the coastal waters of Vietnam, and an insult to all veterans who served with the expectation that their country would care for them if they were wounded while serving. We must get to work and finally secure the benefits our Blue Water Navy veterans earned over 40 years ago.”

Ranking Member Phil Roe (R-TN) explained that he believes this bill’s passage is “necessary to ensure that those veterans who were potentially exposed to Agent Orange in the waters offshore of the Republic of Vietnam, are guaranteed entitlement to the presumption.”

This legislation passed the House Veterans Affairs on a voice vote and has the support of 333 bipartisan cosponsors, including 203 Democrats and 130 Republicans. The Veterans of Foreign Wars endorsed this bill.

Of Note: A recent circuit court ruling held that Blue Water Navy veterans were eligible for disability benefits under the presumption of exposure to toxic herbicides, including Agent Orange. The VA announced it wouldn't appeal the ruling, which is significant because previously, only veterans who served on land or on Vietnam's inland waterways for eligible for toxic herbicide-connected disability benefits.

Media:

• House Veterans Affairs Committee Democrats Press Release

• House Veterans Affairs Committee Republicans Press Release

• House Veterans Affairs Committee Report

• CBO Cost Estimate

• VFW (In Favor)

• Dept. of Veterans Affairs (Context)

• Smithsonian (Context)