Bill Will Help Disabled Children of Service Members Exposed to Agent Orange

Ellsworth, Bayh, Lugar Expand VA Care for Children of Vietnam, Korean Vets

Bill Will Help Disabled Children of Service Members Exposed to Agent Orange


WASHINGTON – Congress is set to approve a proposal by Rep. Brad Ellsworth and Senators Evan Bayh and Dick Lugar to provide comprehensive health care to disabled children of Vietnam and Korean War veterans exposed to Agent Orange during their service.

Agent Orange was a chemical used by the United States military to defoliate dense jungles in Vietnam and along the Korean demilitarized zone from 1962 to 1971. Children of Vietnam and Korean War veterans faced an increased risk of being born with spina bifida, which can lead to severe physical and mental disabilities. Ellsworth introduced legislation after hearing the story of Honey Sue Newby, an 8th District constituent whose family contacted the Congressman’s office for help getting her health care benefits from the Veterans’ Administration (VA).

Honey Sue’s biological father served eight years in the Marine Corps and completed three combat tours in Vietnam. She lives with a complicated neurological disorder rooted in spina bifida, a congenital condition in which the vertebrae do not form properly around the spinal cord. The VA has determined Honey Sue’s condition is a direct result of her father’s exposure to Agent Orange in Vietnam and have classified her as a Level III child, making her eligible to receive the same full health care coverage as a veteran with 100% Service Connected Disability.

Despite this designation, her family is currently required to provide a letter from a doctor to the VA stating that Honey Sue’s treatment is directly related to her spina bifida every time she seeks care. The Spina Bifida Health Care Program Expansion Act eliminates this administrative burden on families by providing the beneficiaries of the Spina Bifida Health Care Program with comprehensive care. There are an estimated 1,200 beneficiaries who would be impacted by the legislation. And because the VA currently provides around 90% of the comprehensive health care needs of these beneficiaries, the Congressional Budget Office estimates the program will only cost around $2,500 per person to implement. Senators Bayh and Lugar introduced similar legislation in July. Provisions of the legislation were then included as part of the Veterans’ Mental Health and Other Care Improvements Act, S. 2162, which the House is scheduled to consider today.

“Honey Sue’s story is heart wrenching. She and her family face daily obstacles that most of us could not even imagine of as a result of her father’s brave service to our country,” said Congressman Ellsworth. “We owe her and all the children living with this condition better. This bill will ensure they get the health care they deserve.”

“Increased risk of Spina Bifida was a tragic, unintended consequence of our use of Agent Orange during military campaigns in Vietnam and Korea,” Senator Bayh said. “We have an obligation to provide full and comprehensive care to these American children who we never intended to hurt. This legislation will help families overcome unnecessary bureaucratic hurdles in order to obtain the full coverage they deserve.”

“I am hopeful this bill will assist those families that have been touched by Spina Bifida due to service in our nation’s Armed Forces by expanding their access to the important care offered by the Department of Veterans Affairs through the Spina Bifida Health Care Program,” Senator Lugar said.


Summary of the legislation

The Spina Bifida Health Care Program is a federal health benefit administered by the Department of Veterans Affairs (VA). The program was established to provide health care benefits to children who were born with Spina Bifida and whose birth parent is a veteran of the Vietnam or Korean War. The current program is fee-for-service and provides payment for medical services and supplies related to Spina Bifida and conditions associated with Spina Bifida.

Because current law requires that care provided under the Spina Bifida Health Care Program be for medical services for Spina Bifida or related conditions, beneficiaries must provide documentation that the care received was related to Spina Bifida. This requirement is often burdensome and difficult, as Spina Bifida has numerous secondary conditions, and it is oftentimes difficult or impossible to ascertain if a condition is secondary to Spina Bifida.

The Spina Bifida Health Care Program Expansion Act addresses this problem by providing Spina Bifida Health Care Program beneficiaries with a comprehensive health benefit. Because there is no requirement that health care provided under this program be related to Spina Bifida, it will decrease the administrative burden on the beneficiaries and the VA by allowing them to access a comprehensive health benefit. The program currently has approximately 1,200 beneficiaries and this number is not expected to grow in the future.

Legislative History

The House approved H.R. 5729 on May 20, 2008. Senators Bayh and Lugar introduced the Senate companion bill in July. Provisions of the legislation were then included as part of the Veterans’ Mental Health and Other Care Improvements Act, S. 2162. The House is scheduled to consider the legislation today, and the Senate is expected to consider it later this week. It must then go to the President before becoming law

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