John Plahovinsak
“In May (of 2024), I introduced (H.R. 8202) the Justice for Vaccine Injured Veterans Act, stated Congressman Warren Davidson. “This Act would allow service members to receive disability compensation for lingering vaccine injuries they may have developed under the Department of Defense’s unjust COVID-19 mandate.”
Congressman Davidson was referring to a memorandum issued in August of 2021 by Secretary of Defense Lloyd Austin. The memorandum was entitled “Mandatory Coronavirus Disease 2019 Vaccination of Department Service Members.”
This memorandum, which was subsequently rescinded in January of 2023, demanded the full vaccination of all members of the Armed Forces. The Defense Secretary announced a 98% vaccination rate by December 2021.
According to Representative Davidson, more than 8,400 service members refused to comply and were forced out of the military – despite some requesting “reasonable” exemptions, such as over religious beliefs.
Service members, who complied with the vaccine mandate, may have risked side effects. COVID-19 posed limited risks to young, fit, healthy people. However, some of the service members have become vaccine-injured veterans due to potential adverse effects.
According to the proposed legislation, service members who received the COVID-19 vaccine — and developed myocarditis, pericarditis, Guillan-Barre syndrome, or thrombosis within one year of their vaccinations will be eligible for disability compensation.
“Our nation has a moral obligation to care for them. This bill makes that happen,” explained the Congressman, who served as an Army Ranger.
“Regardless of party, it should be bipartisan to take care of those who have answered the call to serve our country.”
If H.R. 8202 is enacted into law, Secretary of Veterans Affairs Denis McDonough, and his successors, would be granted the option to add other conditions if they notify appropriate congressional committees.
Secretary McDonough, or his successors, would be required to report to Congress on the total number of claims for disability compensation that are submitted, as well as the status of the claims, every 60 days.
In addition to Congressman Mike Carey, from Ohio, H.R. 8202 the Justice for Vaccine Injured Veterans Act, has twenty-five (25) co-sponsors.
In January 2023, the Vaccine Discharge Parity Act (H.R. 291) was introduced by Representative Scott Fitzgerald, to provide discharged service members eligibility for the Montgomery and Post-9/11 GI Bill education benefits. There are nineteen (19) co-sponsors for this Act.
In another related COVID-19 vaccine issue, on December 23, 2023, Representative Anna Paulina Luna and her husband (Andrew Gamberzky), sued the Department of Defense (DoD) over her husband’s discharge from the National Guard.
National Guardsman Gamberzky did not want to receive the COVID-19 vaccine over “sincerely held religious beliefs.” He had previously applied for an exemption, but was disapproved.
According to Gamberzky’s attorney, the two incurred “significant financial injury,” including the “loss of healthcare, spousal benefits, and survivor benefits as provided by the military.”
The lawsuit holds that the DoD violated Gamberzky’s First Amendment rights, saying “discrimination on the basis of Plaintiffs “sincerely held religious beliefs” caused Plaintiffs wrongful separation from the National Guard.”
Although the National Guardsman volunteered to leave the military without being officially removed by his higher headquarters, Gamberzky’s attorney argued that his client experienced the military equivalent of “constructive termination”, when an employer makes conditions purposefully intolerable to the extent that an employee is moved to quit.
My Opinion: Representative’s bill (H.R. 8202) should be passed by Congress with all the specific medical conditions stipulated in the Act. The Act grants the VA Secretary the option to add other medical illnesses and conditions, if they notify appropriate congressional committees.
What is significantly lacking, and serving as a primary obstacle to the passage of the Justice for Vaccine Injured Veterans Act, is the introduction of a companion bill in the United States Senate.
There is a basic, fundamental difference between the H.R. 8202 Justice for Vaccine Injured Veterans Act and the H.R. 291 Vaccine Discharge Parity Act. H.R. 8202 relates to a veteran who was administered the COVID-19 vaccine and developed an illness from it being administered.
On the other hand, H.R. 291 relates to educational benefits for a veteran who was discharged by the military for refusing to take the COVID-19 vaccine. The lawsuit filed by veteran Andrew Gamberzky (and his spouse, Rep. Anna Luna) relates to a veteran who voluntarily left the military in lieu of refusing to take the COVID-19 vaccine.
H.R. 8202, if enacted into law, will provide both medical and compensation benefits to a veteran. H.R. 291 would only provide educational benefits for refusing an order to be administered the COVID-19 vaccine. These two (2) bills will be dealt with in Congress.
The lawsuit filed by Gamberzky and Luna seeks financial compensation from the DoD, and indirectly from the taxpayers, for voluntarily leaving the military before refusing to being administered the COVID-19 vaccine. The court system will decide the determination of the lawsuit.
BioSketch: John Plahovinsak is a retired 32-year Army veteran, who served from 1967 to 1999. He serves as the Disabled American Veterans (DAV) Department of Ohio’s Hospital Chairman and DAV Chapter #63 Adjutant. He can be contacted at: plahovinsak@msn.com.