For the “blue water” Navy veterans suffering from the effects of Agent Orange from their service in Vietnam, a federal appeals court in Washington has done what the politicians have refused to do. 

As reported by the Washington Post: The U.S. Court of Appeals for the Federal Circuit ruled overwhelmingly for these sailors, finding they are eligible for the same disability benefits as those who put boots on the ground or patrolled Vietnam’s inland rivers.

The 9-to-2 decision reverses a decade-old ruling by the court and applies to an estimated 52,000 veterans nationwide. A court majority said Congress clearly intended to extend benefits to sailors who were stationed in the territorial seas and are known as “blue water” Navy veterans.

Efforts to help the Navy veterans have been blocked in Congress by Republican lawmakers who complained that costs would be too high. A bill to help the veterans passed the House overwhelmingly but was blocked by Sen. Mike Enzi, (R-Wyo.), and Sen. Mike Lee (R-Utah), who cited VA’s cost concerns about the measure. 

The court ruling specifically addressed the legislative impass. “Recent debates in Congress, which required consideration of the significant cost of the proposed addition of Blue Water Navy veterans underscores why Congress, rather than the courts, should be the one to revisit our interpretation,” wrote Judge Raymond T. Chen, who was joined by Judge Timothy B. Dyk. 

The appeal was brought by Alfred Procopio Jr., who served on the USS Intrepid, an aircraft carrier deployed off the coast of Vietnam. Procopio, 73, was denied benefits for claims related to his diabetes and prostate cancer. Both are ailments the U.S. government has linked to exposure to the infamous herbicide the U.S. military sprayed to destroy crops and reduce cover for enemy forces.