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Subject: Last-Minute Clinton Executive Orders Affecting VA Concern Lawmakers


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Feb 9, 2001 by Dave Eberhart, Stars and Stripes VA Editor
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Date Posted: Sat, March 03 2001, 7:26:16 PST

Last-Minute Clinton Executive Orders Affecting VA Concern Lawmakers Feb 9, 2001 by Dave Eberhart, Stars and Stripes Veterans Affairs Editor


Two congressmen have told VA Secretary Anthony J. Principi they are concerned about implementation of 11th-hour Clinton administration executive orders in which the outgoing president called for the presumption of service-connection for type 2 diabetes, hepatitis-C and all illnesses associated with exposure to atomic testing, and the revision of disability ratings for liver disease caused by hepatitis-C.

Reps. Chris Smith, R-N.J., chairman of the House Veterans Affairs Committee, and Lane Evans, D-Ill., the panel's ranking Democrat, wrote to Principi on Feb. 6.
President Bush has placed on hold all executive orders issued in the final weeks of the Clinton administration.
Smith and Evans said that existing disability ratings for liver disease were formulated nearly 50 years ago, long before hepatitis-C was identified. Last Aug. 7, the VA proposed revising the ratings to reflect current medical knowledge and terminology.

Without Delay

They urged Principi to implement the executive orders without unnecessary delay. They acknowledged the need of new Cabinet members to review recent regulations, but stressed bipartisan support for the VA-related changes.
"We hope these regulations will not be unduly delayed as a result of this review," Smith and Evans wrote. "Our laws and our actions should reflect the appreciation and respect that our disabled veterans have earned. Equity and compassion would be well served by prompt action"
"The executive orders affecting our veterans are bipartisan, long-overdue changes," Smith added. "I'm hopeful the new secretary will do what he can to have them reinstated in an expedited manner."
Smith and Evans noted that some veterans exposed to risk factors for hepatitis C during their military service experience difficulty proving service-connection because symptoms are slow-appearing and the virus was not identified until 1992.

On Jan. 17 the VA submitted to the Office of Management and Budget (OMB) regulations providing a presumption of service connection for veterans exposed to blood transfusions and other risk factors. Smith and Evans urged the OMB to review the regulations within the customary 90 days.
The congressmen urged the same 90-day OMB review of a regulation submitted Dec. 20 that would provide atomic veterans the same compensation civilians receive under the recently amended Radiation Exposure Compensation Act of 1990.

Downwind Exposures

Civilians exposed to "downwind" atomic particles or who are employed at nuclear plants are eligible for compensation for bone, lung, colon, ovarian, brain and central nervous system cancers. Those conditions are not currently presumed to be service-connected for veterans exposed to atomic radiation in Japan and at Pacific and Nevada test sites.
"All of the veterans who would be affected by these orders have honorably served our nation," Smith said. "I am optimistic the new administration will move swiftly to ensure that these due benefits are readily available.

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