Thursday, January 28, 2010

Agent Orange's lethal legacy: For Vietnam War veterans, injustice follows injury

Jack Cooley delivered his final argument in a long, distinguished legal career from a hospital bed.

Four months before succumbing to multiple myeloma, the Chicago-area Vietnam veteran and federal magistrate judge wrote a 140-page claim for justice and filed it with the U.S. Department of Veterans Affairs. Cooley's message to the government was personal and direct: Agent Orange is killing me, and you need to take responsibility.

Cooley didn't know it last spring, but when the former Army artillery captain filed his disability claim, he was just entering a maddening bureaucratic maze many veterans know well. The VA would kick back Cooley's claim after a month, saying he lacked the required proof he'd served in Vietnam.

Cooley could have spent months navigating this convoluted path. But with Cooley's life fading, his family reached out to an old friend, a member of his West Point class of 1965. It was former Army Chief of Staff Eric Shinseki, recently appointed secretary of the Department of Veterans Affairs.

In short order the obstacles to Cooley's claim disappeared. The VA delivered three monthly disability checks for $2,700 before Cooley died July 21, at 65, in Evanston.

"This was insult to injury," said his daughter Christina. "If Gen. Shinseki was not ... a family friend and a West Point classmate, we would have never seen a dime. It makes me think about everybody else out there struggling without resources."

The Vietnam War ended almost 35 years ago, but for many veterans, battles with cancer, diabetes, Parkinson's disease and other maladies associated with defoliants used in the war are only now beginning. Until 2007, Jack Cooley had been in good health.

For many veterans, this is the unexpected new war, long after the old one ended.

The government has been slow to recognize the connection between wartime service and debilitating diseases that strike Vietnam veterans decades later. Even when they suffer from conditions officially linked to Agent Orange, veterans can wait years for their requests for disability compensation to run through the VA system.

Jack Cooley's death from multiple myeloma, a form of blood cancer associated with exposure to Agent Orange, opens a window into the clogged workings of the VA, the final arbiter on war-related disability claims.

"The truth is, veterans who went to Vietnam returned much sicker than their (civilian) peers. Something happened over there. Why arm wrestle over it?" said Linda Schwartz, commissioner of veterans affairs in Connecticut and the author of early studies on the health of female veterans.

The VA declined requests to interview Shinseki, who has said he wants to change the culture at the agency and make it more of an advocate for those who serve the country.

As long-dormant effects of Agent Orange begin to surface in many Vietnam War veterans, the backlog of disability claims has been growing fast, despite the VA's adding more than 3,000 employees to handle the traffic jam.

"They're overwhelmed," said Joe Moore, a former VA attorney who now represents veterans in cases against the agency. "They simply can't do the decision-making fast enough."

In response to a December 2008 lawsuit filed in U.S. District Court in Washington seeking to force the VA to decide claims in 90 days, the government acknowledged that "certain diseases for Vietnam-era veterans" are contributing to the backup.

The lawsuit, filed by the Vietnam Veterans of America and Veterans of Modern Warfare, argues that "thousands of veterans die each year" before the VA acts on their disability claims. The lawsuit alleges the VA takes at least six months to consider an initial request, and appeals can drag on for years.

"In the face of such delays, many veterans simply give up, choosing to accept less than they deserve rather than to endure years of delay and frustration," it said.



Friday, January 15, 2010

I-55 multi-vehicle crash kills one, injures two

Legal News for Illinois Personal Injury Attorneys. A motor vehicle collision (MVC) involving three cars left one dead, two injured.
One dead, two others injured after head on collision on the Stevenson Expressway.
Chicago, IL—A three-vehicle crash on the Stevenson Expressway (I-55) tragically killed one and left two others injured on Sunday, December 20, 2009, according to a report by the Chicago Sun-Times. The car wreck allegedly occurred around 9:35 p.m. near South Central Avenue in the northbound lanes of the interstate. A vehicle in the far left lane was reportedly facing oncoming traffic after spinning around for unknown reasons. Subsequently, a northbound driver traveling in the middle lane of the interstate struck the stopped vehicle head-on. This caused the first car to veer out on impact, slightly hitting another vehicle in the far right lane.
Emergency medical services (EMS) crews were on the scene after the wreck to transport the injured to area hospitals to be treated by doctors and nurses. Man Wong, 29, the driver of the striking vehicle involved in the head-on collision, was taken to Mount Sinai Hospital in critical condition but was unfortunately pronounced deceased at 10:16 p.m., shortly after the crash, according to the Cook County Medical Examiner’s Office. The other driver involved in the head-on collision was taken to Mount Sinai Hospital in critical condition after acquiring several gashes on his face and head, as well as an allegedly broken pelvis. It is reported that this driver, who remains in the hospital on Monday, may be an off-duty police officer. Another individual involved in the crash was transported to the hospital to be treated for minor injuries.
The cause of the fatal car crash is reportedly unknown at this time. Charges are pending further investigation.


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