Letter to the Hon. Robert Wilkie, Secretary of the U.S. Veterans Affairs - Chairman Takano questions VA decision to delay processing for all Blue Water Navy claims

Letter

Dear Mr. Secretary,

Thank you for your July 1, 2019, letter and your assurances that VA continues to develop and refine a comprehensive implementation plan for enactment of the Blue Water Navy Vietnam Veterans Act of 2019 ("the Act"). However, in light of your recent decision to stay all Blue Water claims, we have concerns about VA's use of this time to adequately prepare to begin processing these claims in January 2020. We expect successful implementation of Blue Water and understand VA may need assistance going forward. In order for us to help, cooperation and communication between VA and Congress is essential.

As you know, the Act does not go into effect until January 2020. However, the Federal Circuit issued mandate in the case of Procopio v. Wilkie in March of this year, allowing VA to grant service connection to Blue Water veterans under existing law. Until this decision is expanded by the Act, we understand the Procopio ruling stands. While VA may exercise its right under the Act to stay Blue Water claims, we have questions about the decision to stay all claims without exception. As we know, some Blue Water veterans are suffering from debilitating illnesses related to herbicide exposure and cannot wait until January for assistance. We also know some veterans previously received disability benefits based on Blue Water service before VA changed course, cutting off those benefits. For these veterans, relief could be as easy as reinstating previously established service connection.

The Act also provides Priority Group 6 healthcare for Blue Water veterans. Because your stay on disability claims does not apply to healthcare benefits, we would like to know whether VA has begun allowing treatment in VA healthcare facilities for Blue Water veterans.

As part of our ongoing obligation to oversee Blue Water implementation and ensure success in January, we need more information on a comprehensive plan for processing Blue Water disability claims. In this plan, we need to see estimations on numbers of anticipated claimants, strategies for evidentiary development and interagency coordination with Department of Defense, an assessment of necessary resources for claims processing, including new IT development, outreach and collaboration to veteran service organizations, and post-implementation monitoring action.

During the planning and preparation phase, we want to make our expectations clear. We are ready to assist VA to ensure the success of this long-awaited Act and trust you will tell us what additional resources are necessary to secure timely and fair claims processing. Moving forward, we urge VA to proactively communicate with Congress and begin sharing information about your implementation plan for Blue Water claims.