JFAV NEWS

July 12,2010

JFAV PURSUES LOBBY/ CASE VS DVA ON DENIED CLAIMS

San Diego-- Members of the Justice for Filipino-American Veterans (JFAV) and the Migrant Heritage Commission met with Congressman Bob Filner (D-CA) this morning in an effort to revive the lobby for full equity.

Art Garcia, National Coordinator for JFAV says Filner, a staunch advocate for the Filipino veterans, is sympathetic to the 16,000 veterans whose claims lump sum claims were denied.

“Filner informed us that the House already passed an additional funding for the Filipino Veterans Equity Fund worth $69 million to make sure the claims are awarded,” said Garcia.

The lump sum bill, which passed in February 2009, awards eligible Filipino veterans who are United States citizens $15,000. Eligible non-U.S. citizens are awarded $9,000.

But Garcia says the lump sum payments are not enough. “We are asking Congressman Filner to sponsor a new bill which would give full benefits, monthly pensions to all the Filipino veterans. If they pass away, we want their widows and immediate relatives to enjoy the pensions.”

Filner has yet to agree to this request.

Garcia says they want the Filipino veterans to get the same amount that the American veterans get for their monthly pensions — which range from $900 to $1,200 a month.

Lawsuit Against U.S. Veterans Affairs

Meantime, the JFAV and the Migrant Heritage Commission are pushing through with their lawsuit against the Veterans Affairs over the lump sum claim denials.

Arnedo Valera, executive director of Migrant Heritage Commission and lead counsel for the lawsuit calls the lump sum bill unconstitutional and discriminatory.

Valera says the requirement to prove eligibility for the lump sum payments is grossly unfair. He says, “The VA’s number one requirement is for the veteran to be part of the Missouri List, which is incomplete.”

Besides not being able to prove their inclusion in the Missouri List, some of the veterans were denied lump sum payments because they allegedly engaged in espionage and received money from the Japanese during the war.

” The veterans should have been afforded due process before denying their claims. There should be substantial proof that they were indeed spies,” Valero said.

The law’s quit claim clause is also unfair, Valera says. “This is discriminatory because it bars the Filipino veterans from receiving any other benefits. That’s not the case for other veterans for war, so that’s unfair for our manongs.”

Valera says the lump sum payment should also not differ between U.S citizen and non U.S. citizen Filipino veterans. He points out, “The basis for the benefit should be service, not citizenship.”

Valera expects the lawsuit against the Veterans Affairs to be filed within the next couple of weeks.