Contact Your Representative Today

Please contact your Senator and 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, which would:

Sample letter below

Re: Agent Orange Fair Compensation Act,


Dear Senator

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; REFERENCES 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
must 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 service 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,

Col Dan