Vietnam Veterans salute during a 10th annual Vietnam Veterans Day Celebration hosted by the Vietnam Veterans of America Chapter 1067 (Photo: Lindsay Grant/ U.S. Army)
A report this summer from a government watchdog estimates that the VA has failed to inform up to 87,000 Vietnam War Veterans and their survivors that they may now qualify for retroactive compensation benefits due to exposure to toxic herbicides like Agent Orange, according to Military.com.
This oversight could mean that Veterans and their families are missing out on more than $844 million in benefits, exposing a significant gap in the VA’s outreach efforts. Bart Stichman, co-founder of the National Veterans Legal Services Program, stressed the importance of ensuring that these Veterans receive the compensation they deserve.
“There are millions of dollars at stake that Vietnam Veterans and their survivors should be receiving,” Stichman said.
This issue comes as the VA faces growing pressure due to the recently passed PACT Act, which has expanded coverage for potentially six million more Veterans exposed to toxins from burn pits and other sources during the Vietnam, Persian Gulf, and post-9/11 wars. Linda Bilmes, a public policy professor at the Harvard Kennedy School, pointed out that the U.S. will soon owe trillions of dollars in medical and disability compensation to Veterans.
“We don’t really understand the cost… We don’t have a function that is keeping track of all of the accrued promised benefits the way we should,” she said, despite pledging support.
The VA’s current financial challenges are significant, with the department facing a $15 billion budget shortfall that could impact millions of Veterans’ benefits as soon as October. The roots of the current crisis can be traced back to a 1986 class action lawsuit, Nehmer vs. The Department of Veterans Affairs. The lawsuit required the VA to recognize “presumptive conditions” linked to Agent Orange and pay corresponding benefits. However, the VA has been criticized for its resistance to fully implementing these obligations. Despite a 2021 announcement that the VA would notify all Vietnam Veterans previously denied benefits, the watchdog report found that nearly tens of thousands of Veterans and survivors might have been overlooked.
One of the key challenges in this situation is the fragmented structure of the VA, with the Veterans Benefits Administration responsible for disability payments and the Veterans Health Administration handling healthcare. This division has led to confusion over which Veterans should be notified about potential benefits. The Office of Inspector General recommended sending new letters to those overlooked, but the Benefits Administration has resisted, likely due to the strain it would place on an already burdened system.
Amid these challenges, volunteers like Marc McCabe, who works with the Vietnam Veterans of America, continue to help Veterans and their families navigate the complex benefits process. The VA’s failure to reach out to all eligible Veterans remains a significant issue, and with the financial future of Veterans’ benefits programs uncertain, experts like Bilmes are advocating for solutions such as creating a trust fund to ensure that promised benefits are secured.
For more information, readers can contact the National Veterans Legal Service Program at agentorange@nvlsp.org.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.