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LEGISLATIVE UPDATES

Credit: Architect of the Capitol Legislative and Benefit Updates

Spring Mariner 2020

By Michael P. Hughes, OSC, USNR (ret.)
My sincere hopes for all to remain safe and healthy, especially during
this COVID-19 crisis. Please let us know if we can be of assistance at
[email protected].

Agent Orange - Blue Water Navy Vietnam Veterans Act

Legislation has again been cost considerations.
reintroduced in the House
(H.R. 299) to allow presumptive status for Agent Orange Other good news on this issue is a Jan. 2019 ruling by
exposure to those service members who served in the the U.S. Court of Appeals for the Federal Circuit by a
coastal waters off Vietnam during the Vietnam War. 9-2 decision that said that VA must allow presumption
Currently only those who had “boots on the ground” and for those veterans serving within the territorial waters of
select ships and time frames that spent time in rivers and Vietnam exposed to Agent Orange in the same way as
ports have this status. This is estimated to address disabil- those with “boots on the ground”. It is unclear whether
ity claim issues for between 70,000 to 90,000 veterans. VA will appeal this decision to the Supreme Court as of
Currently these veterans can get medical treatment for this writing. They have 90 days from the date of the court
their proven related ailments, but not disability benefits. decision to appeal. If appealed by VA as expected, and
NERA fully supports this legislation. This is basically the accepted for hearing by the Supreme Court, it could be a
same bill introduced in 2018 which passed the House lengthy process to a decision. NERA will continue to seek
unanimously, but failed in the Senate for reasons stated as legislative relief which will make the lawsuit a moot point.

Concurrent Receipt Reform

Currently military retirees, both active and reserve, with have been introduced to extend Concurrent Retirement
less than a 50% disability rating have their retirement pay and Disability Payments to retirees rated less than 50%
reduced by the amount they receive from disability pay. disabled. NERA fully supports this legislation.
Bills in both the House (H.R. 303) and Senate (S. 208)

“Widows Tax” Legislation
Bills have been introduced in both the House (H.R. 553) Indemnity Compensation (DIC) paid to survivors of
and Senate (S. 622) to end the deduction of Survivor fallen service members, aka “widows tax”. NERA has long
Benefit Plan (SBP) annuities from Dependency and supported this needed change.

Burn Pit Legislation
Legislation has been introduced (H.R. 663 & S. 191) deployments and during military separations. NERA has
directing DoD to provide service members in Iraq long supported a need to address the exposures to toxins of
and Afghanistan periodic assessments of health during our military from burn pits during post 9/11 deployments.

Women Veterans
A bill has been introduced in the Senate ( S. 513: Deborah women veterans. Major provisions of the bill are: expand
Sampson Act) to enhance and improve VA services for counseling, and call centers for women veterans; increases the

6 The Mariner • 2020 SPRING Edition • Volume 63 • Issue 1