Texas Senate Bill SCR38

Texas 2009 - 81st Regular

• Introduced: 3/4/09
• Refer: 3/13/09
• Report Pass: 3/30/09
• Refer: 4/16/09
• Report Pass: 5/15/09
• Enrolled: 5/30/09
• Passed: 6/19/09

Caption

Memorializing Congress to restore the presumption of a service connection for Agent Orange exposure to veterans who served on the inland waterways, territorial waters, and in the airspace of the Republic of Vietnam.

Impact

If enacted, SCR38 aims to re-establish the recognition of service-connected health problems for veterans who have faced barriers in receiving benefits due to their inability to prove on-ground service. The resolution highlights that many veterans who served on Navy ships or flew over Vietnam still suffered from exposure to Agent Orange's carcinogenic effects, and that they deserve equal access to the health care and compensation afforded to their peers who served directly on the land. This bill reflects an ongoing need to address the inadequacies in current veterans' healthcare policy and the legacy of the Vietnam War's environmental impact.

Summary

SCR38 is a concurrent resolution that urges the United States Congress to restore the presumption of service connection for Agent Orange exposure for Navy and Air Force veterans who served in Vietnam's inland waterways, territorial waters, and airspace. This bill is a response to the long-standing health issues faced by veterans due to herbicide exposure during the Vietnam War, particularly concerning the accessibility of disability compensation and medical care for these veterans. The resolution is anchored in the historical context of Agent Orange usage during the war, which has been linked to numerous serious health issues, demonstrating a continued commitment to veteran welfare by seeking legislative redress.

Contention

While SCR38 primarily serves to advocate for veterans' rights, notable contention surrounds the bureaucratic processes in place for claims related to service-connected health conditions. The resolution points to historical directives by the Department of Veterans Affairs that closely tie eligibility for benefits to proof of physical presence 'on the ground' in Vietnam, thus excluding many veterans who served offshore. This creates a dichotomy among veterans’ healthcare rights and raises concerns over the equitable treatment of all service members based on their deployment circumstances.