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- Written by: Tom Philpott
Veterans diagnosed with these diseases only will have to show they stepped foot in Vietnam sometime from Jan. 9, 1962 through May 7, 1975, to qualify for service-connected disability ratings and compensation.
The first batch of payments will be made immediately after Oct. 30, when a required 60-day review period for Congress will expire.
As many as 93,000 veterans and survivors who filed claims previously for these conditions are in line for retroactive payments. Another 60,000 claims have been filed since Oct. 13, when VA Secretary Eric Shinseki announced that these diseases would be added to the list of ailments VA presumes are caused by wartime exposure to Agent Orange. VA projects that at least 150,000 more claims will be filed over the next 12 to 18 months.
In publishing the regulation, VA revealed that the price tag for adding these diseases to its Agent Orange presumptive list could be at least 50 percent higher, over the next 10 years, than the $42.2 billion VA uses.
VA calculated the lower estimate by applying incident rates for these diseases in the general population to the Vietnam veteran population. But Sen. Daniel Akaka (D-Hawaii), chairman of the veterans’ affairs committee, noted that Vietnam veterans are older. At his request, VA “age-adjusted” the incidence rate for heart disease alone and the cost jumped by $24 billion.
That figure would be even higher but VA officials, using newer data, lowered the average expected disability rating for heart disease from 60 percent down to 50 percent for Akaka’s age-adjusted calculation.
The resulting 10-year estimate of nearly $67 billion also doesn’t reflect the higher incidence of disease expected among Vietnam veterans due to Agent Orange. Still, VA officials said they remain satisfied with their original estimate of $42.2 billion.
The Akaka’s higher cost projection is sure to be raised at a Sept. 23 hearing where his committee will examine how the Agent Orange Act is being applied, and whether a finding by scientists of “limited or suggestive association” between these diseases and herbicide exposure is sufficient evidence to award disability compensation to any ailing Vietnam veteran.
To stop payments, both the Senate and House in this election year would have to pass a joint resolution to block the regulation. President Obama then would have to sign the resolution, after his own Office of Management and Budget spent the past two months studying the VA rule before finally approving it. So VA officials are preparing to make payments.
Here’s a rundown of how payments will be handled for categories of veterans and survivors. This information came from an interview Sept. 1 with Thomas Pamperin, associate deputy under secretary for policy and program management for the Veterans Benefit Administration, and Diana Rubens, associate deputy under secretary for field operations.
RETROACTIVE PAY – Because of a 25-year-old court ruling, Nehmer v. Department of Veterans Affairs, VA must review claims previously filed for these diseases and make payments retroactive to the claim date, or to the date of the Nehmer ruling, Sept. 25, 1985, whichever is later.
The 93,000 veterans and survivors so far identified as having filed a claim for one of these diseases don’t need to file another, said Pamperin. “We are going to review those cases on our own…back to the earliest date they claimed that disability -- but not earlier than Nehmer -- and will award benefits from that date.”
If the veteran is deceased, VA will award back pay to the surviving spouse. If no surviving spouse is found, the National Veterans Legal Services Program, which litigated the Nehmer decision, will help to identify someone else who might be eligible for the benefits.
Besides disability pay, back payments could include Dependency and Indemnity Compensation for the widow, enhanced burial benefits if a veteran’s death was due to a service-connected condition, and 36-months of education benefit to a spouse or a child, no matter what age the child is today, if the veteran was 100-percent disabled at time of death.
If veterans or survivors are worried the VA will not identified them as eligible for retroactive payments, they can file a new claim, Pamperin said.
“We are doing a data run against our corporate record, and some of these corporate records are limited to six diagnostic codes. So we’ve done the best we can with the resources we have to identify people,” he said.
Diana Rubens said 1000 staffers at 13 regional officers, including 326 specially-trained rating specialists, are working only on Nehmer claims, which can involve complex calculations and long searches for next of kin.
RECENT CLAIMS – 60,000 veterans and survivors who have filed claims for the three diseases since last October also will receive Nehmer protection in that payment will be made back to the date of the claim.
Every VA service center and regional office is working to develop and process these claims for payment sometime after Oct. 30.
“Our goal is to spend the next couple of months setting up as many claims as possible for payments as quickly as possible,” Rubens said.
FUTURE CLAIMS – If veterans or survivors planning to submit a new Agent Orange claim can show they had one of these diseases diagnosed on or before Aug. 31 this year, and if they file their claim before Aug. 30, 2011, it will be payable back to Aug. 31, 2010, the date the regulation took effect. Otherwise, payment date will be the date an approved claim was filed.
Pamperin advises veterans to gather medical records from private doctors so VA won’t need to schedule new exams to confirm their diseases.
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- Written by: Elizabeth Larson
LAKEPORT, Calif. – A well-known local businessman lost his life in a Saturday evening incident in which his boat ran aground and hit a deck.
Byron Whipple, 54, of Lakeport died as a result of a crash.
Lt. Brad Rasmussen of the Lakeport Police Department said the incident occurred just before 8 p.m. Saturday at the Lucky Four Trailer Resort, located at 1060 N. Main St.
Rasmussen said four Lakeport Police units along with Lakeport Fire Protection District responded to secure the scene.
While the Lake County Sheriff's Marine Patrol responded to the scene police and firefighters provided medical aid and removed Whipple's body from the boat, which Rasmussen described as a deckboat. He said police also assisted with interviewing witnesses.
“There were numerous citizens in the area that witnessed the incident,” Rasmussen said.
Witnesses reported that Whipple, who was alone on the boat, was approaching the shore at full throttle – estimated to be between 40 and 50 miles per hour.
A large group of about 40 people was holding a get-together at the resort when they saw the boat barreling toward them and they ran to get out of the way, according to one witness account shared with Lake County News by Donna Queenen.
The boat came aground and went up underneath a fixed deck that Queenen said had people on it.
“No one else was injured,” said Rasmussen.
Based on witness statements, there is concern that Whipple may have had a medical emergency beforehand. His head was reported to have been down, leading to speculation that he may have had a heart attack.
Lakeport Police Chief Kevin Burke said he'd never seen such a crash. He confirmed that police had received reports about a possible medical issue, but said it's still too early to know what may have happened.
Rasmussen said the Sheriff's Marine Patrol is the lead agency in the investigation, however Sgt. Dennis Ostini, who supervises the marine patrol, couldn't be reached for comment Sunday.
Whipple, a licensed real estate broker, has since 1992 been the owner/broker for City Center Realty, located in an ornate blue Victorian at 975 N. Main Street.
According to the biography on his Web site, Whipple – who held a bachelor's degree from California State University, Sacramento in real estate and land use affairs –was a past president of the Clear Lake Board of Realtors, a California Association of Realtors state director for many years and a past president of the Greater Lakeport Chamber of Commerce.
“He was a gentleman who never stopped caring for his community,” Lake County Chamber of Commerce Chief Executive Officer Melissa Fulton said Sunday.
Fulton said Whipple had been an avid ski racer and an excellent athlete but was severely injured many years ago in a ski racing accident. His biography explained he was a former USA Water Ski Racing Team member.
Whipple would have to use a wheelchair for the rest of his life following his accident, but it didn't prevent him from being active. His biography noted that he continued to enjoy bass fishing and had a “vast knowledge of the lake and its shoreline.”
“He did not let his disabilities caused by the accident keep him down, in business or in life,” Fulton said. “His resolution, in spite of those disabilities, to be a contributor to family and society is a lesson for anyone who suffers setbacks such as he did.”
E-mail Elizabeth Larson at
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- Written by: Elizabeth Larson
LAKEPORT, Calif. – A quick response and plenty of defensible space are credited with knocking down a fire near several residences in Lakeport on Sunday.
The fire on Sandy Lane in Lakeport was reported at about 3:30 p.m., according to radio reports.
It initially was reported to be threatening three structures, with power lines down.
Lakeport Fire Protection District Chief Ken Wells said the fire was put out in about 45 minutes.
“It didn't take long at all, actually,” he said.
In all, it burned between three and five acres, Wells said.
Wells said three engines from Lakeport Fire responded, along with an engine from Kelseyville, three Cal Fire engines, a US Forest Service engine and a hot shot crew, and an inmate crew from Konocti Conservation Camp.
Two air tankers were dispatched but they didn't end up making drops, he said.
A Cal Fire was seen dropping water from the lake on the fire.
The fire area was surrounded by driveways and residences where Wells said there was “very good defensible space” thanks to homeowners cutting down weeds and keeping the areas around their homes free of debris.
“Cal Fire is still investigating the cause,” Wells said.
About three to four hours of mop up were reportedly necessary.
In other fire news around the county, a travel trailer was reported to be on fire in the Middle Creek area shortly before 11 p.m., and in Lucerne a pile of leaves caught fire behind a trailer at Country Club Mobile Home Park shortly before midnight.
E-mail Elizabeth Larson at
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- Written by: Elizabeth Larson
LAKEPORT, Calif. – If you've not managed to make it to this year's Lake County Fair, there's still time.
The event, which kicked off on Thursday, enters its final day on Sunday, with a full lineup of events to appeal to all ages and offer “Fun for the Whole Herd,” as this year's theme suggests.
“It's been going quite well,” Fair Chief Executive Officer Richard Persons said Saturday evening.
He said attendance appears to be up from last year.
The fair was bustling Saturday evening after a busy day that included the annual Junior Livestock Auction.
The hot weather cooled and yielded to a pleasant night set against the backdrop of the brightly colored midway, with the music from a concert by local favorites The Lost Boys rising on the air.
At the same time, at the main grandstands racing fans watched side-by-side mud drag racing, and radio-controlled cars raced in one of the nearby livestock barns.
