Army veteran Willie Petty, 78, of West Point in Clay County has been able to receive treatment for his health problems from the Veterans Health Administration (VHA). The catch is that he has to travel to Tuscaloosa, Alabama, to avail himself of the services that all veterans with service-connected disabilities are entitled to.
The Mississippi Regional Veterans Center, which until this week has been closed for renovation and restructuring for an extended period, just hasn’t seen fit to grant Petty his eligibility to receive the benefits he is, on paper, legally qualified to receive from the Veterans Benefits Administration (VBA), a separate operation from the Veterans’ Health Services. The VBA provides the financial assistance veterans need, i.e., compensation and pensions, whereas the VHA provides veterans with health care.
“I was first denied by the Mississippi Regional VA Center in 2016 when I applied for benefits for my diabetes that was linked to my exposure to Agent Orange,” Petty said in a recent telephone interview. “So, I went back and reapplied. And that’s where we’re standing right now.”
According to the U.S. Department of Veteran Affairs, Agent Orange “was a tactical herbicide used by the U.S. military for control of vegetation” primarily in the Vietnam War, but it is also associated with the Korean deployment.
By way of contrast, Petty says, the Alabama VA has treated him quite well for all his ongoing health issues.
“Oh, I’m well connected with them,” he says. “I go over there on all my calls. I go there for physical checkups every six months and anytime I need to go in between that, all I got to do is call and they set me up an appointment.”
Petty has the unwavering support of veterans’ service officer Leroy Alford, also a native of West Point, who now lives in Maryland. Alford says that he was motivated to take up the cause of wounded or service afflicted veterans because of the problems his own father, a Korean War veteran, had in receiving his benefits.
MILITARY RECORD
Petty’s military records show that he served as a military policeman and was stationed in Korea from November 1966 to February 1968 with Company C-7 of the 28th Military Police Battalion, Alford said.
The Veterans Benefits Review Board, however, appeared to be hesitant in deciding whether to award Petty his service-connected disability payments.
“The board applied the wrong law for veterans stationed in Korea prior to April 1968,” Alford said. “In this instance, the board should have applied 38 U.S.C. 1116B – Presumption of herbicide exposure for certain veterans who served in Korea.
“Veterans who served in a unit in or near the Korean demilitarized zone (DMZ) anytime between September 1, 1967, and August 31, 1971, are presumed to have been exposed to herbicides. Furthermore,” said Alford, “these veterans do not have to show they were exposed to Agent Orange to be eligible for disability compensation.”
MANY SYMPTOMS
Petty asked the court of Veterans Appeals for a writ of mandamus to compel the VA in Jackson to grant him service-connected disability because he met all the criteria with service in Korea for Agent Orange, Alford says. The appeals court, however, kicked the complaint back to the board in Jackson over a year ago.
“In our submission to the Veterans Board, we made it clear that Mr. Petty served in Korea during the presumptive time Agent Orange was used, and it was presumed that he was exposed to Agent Orange.
“As a result of that, he has been diagnosed as having diabetes, which is a presumptive condition for Agent Orange, along with hypertension and kidney disease. He also has other symptoms that are Parkinson’s determiners.
“The regional office hasn’t issued a decision on that one either. Although, the executive order says that if you were in this location during this time period, it is presumed you have been exposed to Agent Orange. I don’t know how many other Black veterans have experienced this through the Jackson Regional Office. But the decision not to even recognize what’s in the executive order and to apply it is adversely affecting him and others in Mississippi who could also be impacted.”
CONGRESSIONAL QUERY
Petty sought the assistance of 3rd District Congressman Trent Kelly, but the hope for an early and adequate response has been discouraging to both Petty and Alford. They are still waiting for an answer.
Mike Patterson, Kelly’s staff assistant, said Tuesday morning that the VA responded in late July that Petty’s claim was “now in the ready for decision phase” and was waiting to be reviewed for a decision.
“On August 16, I sent in another request to the VA for information,” Patterson said. “As soon as I get information from the VA, I’ll let them know.”
Alford says, “We appreciate the fact that Kelly’s staff did respond, but we don’t know how close that is or what’s going to come of it.”
PACT ACT
Alford has expert knowledge of the qualifications spelled out in the Biden-supported 2022 PACT Act, as well as the guidelines from the post-Vietnam era.
The PACT Act, short for the Promise to Address Comprehensive Toxics Act of 2022, passed Congress and authorized $797 billion in spending to expand the scope of benefits eligibility for both existing beneficiaries and the newly eligible, who were exposed to toxic substances during military service. This included entitlement to healthcare and disability compensation.
“The act was first introduced on June 17, 2021, and passed in the House of Representatives 256–174 on March 3, 2022, and in the Senate by 84–14 on June 16, 2022. The bill would designate 23 diseases as presumed to be linked to military service, paving the way for veterans to receive expedited health services and disability compensation without having to provide proof that their illness was service-related,” The Daily Military News reported in its August 1, 2022, edition.
JACKSON VA REOPENS
Jackson Regional Office of the Veterans Administration announced on Monday, August 19, that it was back open to the public.
Regular office hours are Monday-Friday from 8 a.m. until 4:30 p.m. daily. The Jackson Regional Office building is at 1600 Woodrow Wilson Ave.
“During the last several months, employees of the Jackson VA Regional Office have continued to perform the essential mission of delivering much-earned benefits to veterans and eligible family members,” VA Regional Office Director Darryl Brady said shortly before Monday’s opening.
“I am proud to say the team in Jackson works with a passion. We process claims, but we recognize there is a unique veteran on the other side of each and every claim. And we have a responsibility to those individuals who have selflessly served our country,” he said.
NEW MASKING POLICY
Anti-COVID masks are no longer required for entry. But some required masking remains in place.
As of March 13, 2024, the Department of Veterans Affairs announced it has relaxed the masking requirement at VA medical facilities. This update ensures the safety of veterans while accommodating individual masking preferences and aligning with CDC guidelines.
Regardless of health protection level or healthcare facility conditions, masking will still be required in high-risk areas such as chemotherapy units, acute inpatient medical/surgical units, intensive care units, post-transplant units, dialysis units, among others. Masking will also be required at all times for individuals with suspected or confirmed COVID-19 or other viral respiratory infections, the VA emphasized.
