Sept 6, 2007
Introduced by Senator Akaka (by request):
S. 2026. A bill to amend title 38, United States Code, chapter 11, to clarify that an award of benefits based on a regulatory presumption established pursuant to 28 (38) U.S.C. section 1116 after September 30, 2002, cannot be made effective earlier than the date the regulatory presumption was established; and to clarify that the presumption of herbicide exposure provided by 38 U.S.C. section 1116(f) applies only to veterans who served in Vietnam on land or on Vietnam's inland waterways and not to those who served only in waters offshore or in airspace above; to the Committee on Veterans' Affairs.
A quick note to an attorney who specializes in veterans' law elicited this response:
"What an a*****e! This bill would negate the recent favorable decision of the U.S. Court of Appeals for the Ninth Circuit in the Nehmer case, which addressed S/C for chronic lymphocytic leukemia (CLL), and also would negate the favorable Haas v. Nicholson decision. I would assume the various VSOs will become involved with convincing Senator Akaka to withdraw this bill, which is totally adverse to veterans."
Someone, most likely the VA, is trying to legislatively overturn Court decisions that have been favorable to veterans.
Why Akaka has stooped to this, I cannot say. It is not in keeping with his previous strong stances on veterans' rights.
Now...we must fight this legislation.
S. 2026 must be pulled!
