For Veteran, Overdue $96,000 'Like Winning the Lotto'

War veteran turns to Project SALUTE–Students And Lawyers Assisting U.S. Troops Everywhere and gets back payments due to him
by Rosanna Ruiz, Houston Chronicle

Left, Willie Williams Sr. plans to replace his dilapidated, 40-year-old mobile home when he gets the check from the Department of Veterans Affairs. He lost a leg to diabetes, which has been linked to Agent Orange exposure, more than 30 years ago.

DAYTON — Willie Williams Sr., a Vietnam veteran who years ago lost a leg to diabetes, takes pride in being able to do for himself.

Lately, however, it’s become harder for him to move around in his dilapidated 1968 trailer where the floor in the bathroom and hallway seems ready to give way. A new home was out of the question, given the paltry Social Security benefits he lived on.

And then last week he got a call from an apologetic Department of Veterans Affairs official. There had been a mistake, three years ago, when his claim for disability benefits was denied. The department owed him $96,000. They would be depositing a check…

"It couldn’t come at a better time," the 57-year-old said. "It’s not a million dollars but it’s like winning the lotto."

In 2005, Williams learned of the link between diabetes and exposure to the defoliant Agent Orange, and he applied for VA benefits for the first time. He resubmitted another claim in January after he was tested to see if his heart disease and nerve damage were related to the toxic herbicide used extensively during the Vietnam War.

Last week, armed with countless medical documents, Williams and his wife, Anne, turned to Project SALUTE — Students And Lawyers Assisting U.S. Troops Everywhere, sponsored by the University of Detroit Mercy Law School — during the tour’s stop here. An article about the program, which included Williams’ story, appeared in the Chronicle on the day he received word from the VA.

He was told the story got the VA’s attention about his case.

But a review of Williams’ case was already in motion as a result of his resubmission for benefits, insisted Debbie Biagioli, a spokeswoman for the regional VA office in Houston.

"Once we received that and started reviewing the file, we realized he was entitled to that benefit," Biagioli said.

The lump sum includes money owed him from the date of his original 2005 claim.

The Williams couple and their three sons are overjoyed about the windfall, but its a bittersweet occasion given the suffering Willie has endured.

Williams had worked as a welder before his health forced him to quit in 1989. He and his wife sold scrap metal to make ends meet when his Social Security benefits fell short. Just three weeks ago, the couple made the 50-mile trek to Houston to sell scrap.

Williams can’t quite accept those hard times may be over.

"I can’t see it yet," he said.

Williams served nine months in Vietnam as an Army sniper in 1971. He remembers walking through charred, eerily still jungle after U.S. planes had dropped their payloads of Agent Orange. He and the other soldiers with him had trouble breathing and they assumed it was because of the steep mountain climb.

Williams never suspected, until recently, that the herbicide had anything to do with his declining health.

Vietnam veterans who have diabetes, prostate cancer, nerve disease and other ailments typically are automatically granted benefits. The VA presumes those diseases resulted from exposure to the defoliant Agent Orange. Those who apply for benefits are not required to prove they served in sprayed areas, according to the VA.

A Feb. 22 letter from the VA explained that a "clear and unmistakable" error occurred when his claim was rejected. It was a "fatally flawed" decision, the letter states.

It took years of lobbying Congress by organizations like the Vietnam Veterans of America and other groups to get the VA to cover the diseases related to Agent Orange.

"It should’ve been a slam dunk," said David L. Houppert, director of benefits for VVA, of Williams’ case.

Many veterans, Houppert said, are sometimes unaware of the benefits available to them or are discouraged by the lengthy process to get their cases heard.

The VA continues to struggle with a sizable backlog of several hundred thousand benefit claims. In Houston, there are about 20,000 claims still pending.

"Some may get worn down by the system and say, ‘I don’t want to do this any more’ and give up," he added.

Williams hopes just the opposite happens when people hear about his belated good fortune.

Veterans should continue fighting for their benefits.

"I hope I can inspire them," he said. "If they see me and know about my battles and tribulations, I think they will be inspired to keep going."