[Congressional Record Volume 147, Number 18 (Thursday, February 8, 2001)]
[Extensions of Remarks]
[Page E146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           EFFECTIVE DATES FOR AWARDS TO VETERANS' SURVIVORS

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                           HON. PATSY T. MINK

                               of hawaii

                    in the house of representatives

                       Thursday, February 8, 2001

  Mrs. MINK of Hawaii. Mr. Speaker, I rise today to introduce 
legislation which would permit the families of veterans who died as a 
result of a service-connected injury to collect benefits from the date 
of the veteran's death.
  On August 27, 1984, L.H. Bailey died in the VA Medical Center in 
Honolulu of lung cancer. Mr. Bailey had served in the Vietnam theater 
and received the Vietnam Service medal. In 1993 the Secretary of 
Veterans Affairs determined that lung cancer was a medical condition 
related to Agent Orange exposure.
  Following the announcement of the Secretary's determination, Mr. 
Bailey's widow filed for Dependency and Indemnity Compensation based on 
the Secretary's determination and was granted benefits from August 6, 
1993, the date the VA received her claim. However, she received no 
benefits for the nearly nine years between Mr. Bailey's death and the 
date the VA determined that as a matter of law the lung cancer was 
caused by exposure to Agent Orange.
  It is unfair to deny the families of veterans benefits due solely to 
a delay on the part of the VA to acknowledge that the veteran died as a 
result of his military service. Mr. Bailey and other veterans died as a 
result of their service to their country. Their families should not be 
punished because the VA was slow to recognize the cause of their death.
  My bill corrects this unfairness. It requires the VA to grant the 
families Dependency and Indemnity Compensation awards from the date of 
the veteran's death, regardless of when the VA acknowledged the 
service-connection of the veterans death.
  I urge my colleagues to join with me in cosponsoring this 
legislation.

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