Month: February 2010

Almost one hundred veterans and their widows gathered at the San Francisco Veterans Equity Center last week seeking assistance for the unreasonable denials of their lump sum benefits. Most of them received denial letters or letters requesting for additional information from the Veterans Affairs (VA) office.

Manong Ciriaco was very passionate in expressing his disappointment at the decision made by the Veterans Affairs. His name is listed as one of the recognized guerillas found in the Missouri list. He is also naturalized as a US citizen because of his military service during World War II . His name is listed as a recognized guerilla in the National Records Personnel Center (NRPC) in Missouri. Manong Ciriaco is also a recipient of medals of Honor for his valor during the war.

Despite his genuine military record and the vivid memory of his sacrifices during the war, Manong Ciriaco’s lump sum benefit is being withheld from him. He was asked to explain his activities related to the Japanese soldiers during the years 1942 to 1944. According to the VA letter, Manong Ciriaco received a check from the ‘Yokohoma’ bank during the Japanese occupation. This allegation caused Manong Ciriaco to become very ill after he was agitated with what he said was an “insult” to him. He categorically denied having received a check from this Yokohoma bank. Manong Ciriaco is now 92 years old and he informed his colleagues and the staff at the Veterans Equity Center that he would fight to death proving that the VA’s malicious accusation is false and unsubstantiated. He lost his temper during the gathering and was in tears as he concluded his statement with fighting words. A 92-year old veteran standing before a crowd, shaking with anger to argue his point of being a genuine war veteran is a very moving sight.

Filipino Veterans Equity Compensation

About one year ago, President Obama included in his Stimulus Package a provision of $198 million for Filipino World War II veterans.  This is the Filipino Veterans Equity Compensation granting either $15,000 or $9,000 to Filipino World War II veterans.

The $198 million was estimated for 18,000 veterans who are still believed to be survivors of the war. When news of this lump sum benefit was released, thousands of veterans filed their applications. As of February 2010, there are already 35,000 veterans who have filed their claims. Only 35% of these applicants have been issued their checks.  The other 65% of the applicants have either been denied or still have their claims still pending.  

According to the VA report, almost $149 million has already been disbursed to the 35% of the applicants who have been approved. This only leaves around $49 million for the remaining  14,585 veterans with pending claims.

Instead of receiving more checks, veterans with pending claims are experiencing a pattern of denials. Some may not have been denied but were being asked for additional information as part the VA’s “loyalty check.”

The Unfavorable Decisions

The VA has two common reasons for denying lump sum claims of the veterans. The first one is that the name of the veteran is not in the Missouri list.  This means that the veterans have no records of military service with the National Personnel Records Center (NPRC) in St. Louis, Missouri.  As per VA policy, the NPRC is their only means of verifying military service.

There is also a second reason for denial or request for further evidence even if the veterans name is on the Missouri list.  This second reason involves the VA wanting the veteran to explain his ‘alleged receipt of a check from a Japanese bank’ during the occupation period. This is according to the VA a “loyalty” check.

These denials and delays by the VA are looking more like a mere subterfuge to deny rightful benefits to veterans as the budget for the veterans lump sum benefit is already running out.

First, it is a well-known fact that the Missouri list is a “reconstructed list of veterans.” It may not be relied as the only source for verifying military status. This same issue arose during the early 1990’s when our Filipino veterans were applying for naturalization and the immigration service refused to naturalize Filipino veterans if their names were not found on the list. A lawsuit was filed against the former Immigration and Naturalization Service (INS) to accept secondary evidence. The then US Immigration and Naturalization Service (now, the US Citizenship and Immigration Services) lost in the case of Almero v. INS (9th Circuit 1994) and Serquina v. US (9th Circuit 1994) when it limited the naturalization to veterans whose names were in the Missouri list. In the Almero and Serquina case, the court ordered the INS to accept official Philippine government records instead of just US Army records to prove military service for purposes of US citizenship naturalization. The Filipino veterans prevailed in these cases, as the Missouri list is not an accurate and complete list of all Filipino World War II veterans.

Now, under the same circumstances, the VA is rejecting lump sum claims whose names are not on the Missouri list. The decision in the cases of Almero and Serquina should be invoked in the present cases for lump sum benefit. Secondary evidence of military service that includes Philippine records from PVAO should be acceptable.  A lawsuit would certainly be appropriate for filing against the VA. However, considering the time constraints faced by our elderly veterans who do not have many more years of life expectancy, many would certainly not live to hear a decision being finally rendered.

On the loyalty check, the VA should instead have a reality check. All of our veterans are already in their late 80s and 90s. The VA letter is requesting for detailed information about their work with the Japanese entities or government. Aside from asking for detailed information, the VA wants the elderly Filipino veteran to submit supporting testimony from their colleagues during the war.

During the Japanese occupation, we heard the worst war atrocities perpetrated against Filipino men. There were rampant cases of “forced labor” during the war by the Japanese government or private companies. To be found to have received a check during those days do not necessarily amount to “corroborating” with the enemy.

To ask for supporting testimony from a colleague presents a more challenging task for many veterans. How many of those who are asked to explain their activities during Japanese occupation have colleagues who are still alive? Almost all of the veterans in the San Francisco gathering pointed out that getting corroborating testimony is almost impossible. Most of the soldiers in their units are already deceased. Even for those who are not yet deceased, it is just impossible to trace their whereabouts after more than 60 years. How will they ever obtain these testimonies that the VA is asking for?

The struggle for equity and justice for the Filipino war veterans seems to be unending. The battle continues for their just recognition. This lump sum benefit is no longer as important to Ciriaco as his dignity. He said “I am insulted by US through the actions of the VA. I fought courageously side by side with my American comrades. Is this what they have to give me as I am near my end? This money is no longer important as preserving my pride and dignity as a true soldier.” Enough is enough for our Filipino veterans. These elderly war heroes deserve better. The lump sum benefit is now creating further inequities.

(Tancinco may be reached at law@tancinco.com or at 887 7177)

Lorna was facing deportation proceedings when she met a US citizen by the name of James. Knowing hat her case was already set for a hearing within a short period of time, James offered to marry Lorna. James is 10 years younger than Lorna, stands 6’2” and is a black American with a heavy stature. On the other hand, Lorna is a petite Filipina, a widow and a mother of three children. Lorna agreed to marry James before the hearing.

When they started living together after marriage, she began to experience problems with her husband. She was subjected to verbal and sexual abuses. Knowing that she was going to be deported if their marriage failed, Lorna became submissive to all the demands of her husband.

According to Lorna, James was very sexually active.  She was always forced to have sex with her husband everyday; and, oftentimes two or three times in one night.  Lorna knew that she could have left James as a victim of domestic violence but instead decided to put up with him.

When I first met Lorna, she looked tired and devastated. However, she assured me that she was feeling fine. She said that James filed petitions for all her three children to come to the United States. She showed excitement in her face as she related to me her wish of being with her children.

Long Time “TNT”

Lorna’s children all live in a small home owned by a relative in Manila. One year after Lorna’s husband died in an accident, she decided to try to make a future in the United States. Her three children were all below ten years old when she left them in the care of her mother.

During her first few months in the United States, Lorna was always worried about her children. She was a single parent and believed that the only way she could financially support her children was if she stayed and worked in the United States. It was a very difficult decision for Lorna to be separated from her children. However, she was also very practical and needed to earn a living.  She decided to overstay her visa and became a TNT.

Since Lorna has no college degree, she worked as a housekeeper for different families.  When times were good, she had lots of work taking care of elderly patients in their homes.  Lorna lived in a rented room in the Tenderloin district in San Francisco. The area where she lived was not a very safe place. Crime and drug dealing is very common in the area where she lived.

Most of Lorna’s earnings from her work were being sent to her mother who took care of her children.  Although her work was oftentimes very exhausting, she hardly took any time off.

One night, Lorna received a phone call from the Philippines.  She was told that her mother died of a heart attack. Her children were left with the neighbors as no one was taking care of them.  After hearing this news, Lorna was crying almost everyday since she could not go home to attend the burial of her mother. If she returned to the Philippines, she would not be able to return to the US again. Lorna thought of what was for the best interest of her children. She mourned the death of her mom quietly.

While she was grieving, another sad incident happened. Immigration officers raided the facility where she worked. Lorna was taken into custody and was in jail for three days. Her friend posted bail for her release. The hearing was then set for her deportation.

A Good Neighbor

James was a long time neighbor of Lorna. He actually had an eye on Lorna for a long time. James is unemployed and is on disability.  He also relies on Lorna for support. Working odd jobs like cleaning homes, facilities and taking care of elderly patients was not easy for Lorna. Aside from her work schedule, her evenings were also busy as she had to attend to the demands of James.

During the hearing Lorna had the burden of proving that her marriage to James was entered into in good faith and not just for immigration reasons. Lorna is just about half the height of James. Since Lorna is older than James, the immigration officer was, at first, doubtful of their marriage. During the interview, James was very cooperative and Lorna submitted proof that they actually lived as husband and wife. The petition was finally approved and Lorna was granted the green card. A few  months thereafter, she was reunited with her children.

Unconditional Love

As an overseas worker who had been separated from her children for many years, Lorna’s joy in seeing her children arrive in the United States was very emotional. Her love and dedication to her children motivated her to do whatever needed to be done in order to succeed in her adopted land. She suffered humiliation and pain in the hands of her husband but tolerated all these abuses so that the children’s petition would be approved and she would be reunited with them.   

There are many mothers with similar situations as Lorna.  The sacrifices they have to undergo in a foreign land in order to secure a brighter future for their children often goes unrecognized. Valentine’s day should not just be a celebration of love for couples or lovers. Let us also recognize that Valentine can also be a celebration of the selfless love that many hardworking overseas Filipinos have for their families.  

(Tancinco may be reached at law@tancinco.com or at 8877177)