Vietnam veteran, daughter sue VA over benefits

Summary

A Connecticut lawsuit challenges VA rules that limit some Agent Orange-related birth defect benefits based on whether a veteran parent was the mother or father.

Why this matters

The case challenges how the federal government distributes benefits tied to Agent Orange exposure and could affect children of Vietnam veterans nationwide. It also highlights a long-running policy distinction based on whether the exposed veteran was the mother or father.

A Vietnam veteran and his daughter sued the Department of Veterans Affairs on Monday, arguing that its rules on Agent Orange-related birth defect benefits unlawfully treat fathers and mothers differently.

Former Army telecommunications technician Ronald Christoforo and his daughter, Michele Christoforo, filed the suit in U.S. District Court in Connecticut. They alleged that the VA provides disability compensation for some birth defects to children of women who served in Vietnam, but not to children of men who served there, except in cases of spina bifida.

The suit said Michele Christoforo has achondroplasia, a form of dwarfism that is covered for children of female Vietnam veterans. Ronald Christoforo applied in 2022 for benefits for his daughter and was denied. According to the lawsuit, the VA said Michele’s mother would have had to serve in Vietnam or Korea for her to qualify.

The Christoforos argued that the policy is unconstitutional sex discrimination.

Congress authorized benefits in 1996 for children of Vietnam veterans born with spina bifida. Four years later, it expanded eligibility to 18 conditions for children of women Vietnam veterans, including achondroplasia.

The Christoforos, represented by Yale Law School’s Veterans Legal Services Clinic, asked the court to declare the sex-based benefit structure unconstitutional and extend benefits to qualifying children regardless of whether their mother or father served in Vietnam.

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