Disabled veterans received “good news” and “bad news” from the Department of Veterans Affairs (VA) during the month of May. First, for the “good news”. 
On May 27, 2021 VA Secretary Denis McDonough announced that the VA will be adding three (3) conditions to the existing list of presumptive conditions associated with Agent Orange. These conditions are bladder cancer, hypothyroidism and Parkinson. Approximately 240,000 veterans are suffering from these ailments.
Vietnam War Era veterans and their survivors, who were previously denied benefits for one of the three newly added conditions, will have their claims automatically reviewed.
According to Military.com, as many as 62,000 veterans, who were denied benefits, could now be eligible for disability compensation.
Veterans in this category do not have to re-file their denied claims. The VA will send letters to impacted veterans and their survivors concerning this review.
On December 28, 2020, Congress overrode President Donald Trump’s veto of the National Defense Authorization Act (NDAA) for Fiscal Year 2021. The three presumptive conditions being added to the existing listing were included in the NDAA, which is now Public Law 116-283.
The VA will apply the provisions directly related to Nehmer v. U.S. Department of Veterans Affairs, which may result in an earlier date of benefits for Vietnam War Era veterans.
“Many of our Nation’s veterans have waited a long time for these benefits,” said VA Secretary McDonough. “VA will not make them wait any longer. This is absolutely the right thing to do for veterans and their families.”
Now, the “bad news” for an estimated 150,000 disabled veterans. Hypertension was not included in the presumptive disease condition associated with Agent Orange.
On November 16, 2018, the National Academies of Science, Engineering and Medicine (NASEM) completed a required review which found “sufficient” epidemiologic evidence to link hypertension to Agent Orange. The former VA Secretary, Robert Wilkie, failed to act on NASEM’s analysis and conclusion.
On February 26, 2021, Senators Jon Tester and Jerry Moran, urged McDonough to add hypertension to the list of conditions presumed to be caused by Agent Orange.
Under Section 501(a), of Title 38 (United States Code), the VA Secretary can add medical conditions, such as hypertension to the presumptive service-connected listing, without Congress being involved.
During McDonough’s Senate Confirmation Hearing, he stated that there was an urgency to act on the hypertension issue and he pledged to look at the scientific evidence, rather than the cost (of the disability compensation.) “Inevitably people focus first on the cost. I want to focus first on the facts and data and what we know,” McDonough declared.
On May 27, 2021, the VA Secretary McDonough had an opportunity to add hypertension to the existing list of presumptive medical conditions for Agent Orange. He failed to do so!
However, on May 25, 2021, Senator Tester introduced a bill, the Comprehensive and Overdue Support for Troops of War Act of 2021. This bill calls for presumptive benefits for Vietnam War veterans who have developed hypertension because of exposure to chemical herbicides. It also provides coverage to veterans who served in Thailand, Laos, Cambodia, Guam or American Samoa during certain periods of the 1960’s and 1970’s and who were potentially exposed to herbicides, such as Agent Orange.
My Opinion: The Vietnam War has been over for 45 years. The average age of a Vietnam War veteran is 74 years old. Why did the previous Presidents, Congress and former VA Secretaries wait so long to add bladder cancer, hypothyroidism and Parkinson to the list of presumptive medical conditions for Agent Orange?
The fight to include hypertension to the existing list of presumptive medical conditions for Agent Orange still goes on. The Disabled American Veterans (DAV), and other veteran service organizations (VSOs), must continue
to work with Senators Tester to enact legislation to include hypertension as a disease linked to Exposure to Agent Orange.
Over 150,000 disabled veterans (suffering with hypertension) depend on us to be successful. The DAV has previously stated: “Although some notable progress has been achieved over the past two decades for veterans who suffered illness due to toxic and environmental exposures, there are still too many who have yet to receive the full recognition, health care and benefits our nation owes them.”
We must continue to monitor the situation and take action, when required, so that the promises made to our veterans when they enlisted are kept.
John Plahovinsak is a 32-year Army veteran. He serves as the State Commander of the Disabled American Veterans (DAV) and the Adjutant of the DAV Chapter #63 (Clermont County).