It has been 68 years. 68 years since the Rescission Act of 1946 has been enacted. 68 years since thousands of Filipino World War II veterans have lived under a pall of injustice, and who to this day, have not received their promised due. 68 years of ongoing hardship and despite concerted action to correct the unjust treatment, most efforts have remained futile except for a few provisions adjusting some benefits. Despite the corrective amendments made subsequent, the harsh effect of the Rescission Act is still experienced by many veterans to this day.
George is a Filipino World War II veteran who is currently residing in California. He has a service-connected disability and is one of the few veterans who is receiving compensation from the U.S. Veterans Affairs office. In January 2014, he received a letter from the V.A. notifying him of its intention to reduce his benefits down to 50% of what he is currently receiving. What will be the reason for the reduction of this benefit? What steps should he take to ensure his compensation benefit is not reduced?
The 1946 Rescission Act
More than 250,000 Filipinos were conscripted to join the U.S. Armed Forces of the Far East during World War II. After the war, President Truman signed the Supplemental Surplus Appropriation Rescission Act and the Second Surplus Appropriation Rescission Act. These pieces of legislation are commonly known as the Rescission Act of 1946 and contain provisions that stripped our Filipino veterans of their well-deserved veterans benefits.
Under this law, the Filipino World War II veterans, the New Philippine Scouts, recognized Guerilla Units and all those who served under the command of the United States Armed Forces in the Far East (USAFFE) were denied eligibility for most veterans benefits including all non-service connected U.S. veteran benefits. It reduced by 50 percent the service-connected benefits that these targeted individuals may receive relative to their American counterparts. The specific Filipino veterans provision of the 1946 Rescission Act is codified in 38 United States Code Section 107(a). The denial of military benefits to Filipino veterans is a result of this 1946 enactment. To correct this iniquitous treatment and injustice to the veterans, legislation that outrightly repeals the 1946 Rescission Act needs to be passed by the U.S. Congress.
Amendment to Correct Injustice
For many years, Filipino American advocates in the United States attempted to correct the harsh effects of the Rescission Act. Several piecemeal legislation had been passed that provided some relief to some veterans but none that justly or completely addressed the veterans’ plight.
In 1999, the Filipino Veterans Improvement Act (P.L. 106-377) was passed into law that restored the 50% service-connected benefits back to 100%, but only for veterans residing in the United States. In 2009, a decade later, President Obama enacted the Filipino Veterans Equity Compensation Act where veterans residing in the United States are to be granted a one time payment of $15,000 for those U.S. citizen veterans and $9,000 for non-US citizen veterans in the Philippines. The United States government has yet to fully restore the rights, privileges and benefits guaranteed to, but were taken away from, Filipino soldiers of WWII.
Under the current state and in the absence of true equity legislation, U.S. Veterans Affairs examiners have to reference the various laws, understand which benefits apply to which specific class of Filipino veterans, just to determine the measure of the benefits that are to be received in any given application.
The case of George exemplifies this problem. It is true that the 1946 Rescission Act limited his benefits to the 50% rate for compensation benefits for Filipino veterans, but because this was corrected in 1999 under the Filipino Veterans Improvement Act for the Filipino veterans residing in the United States, his benefit should not be reduced. At the present time, George’s case is to be heard by the Board of the Veterans Appeals so he may present evidence of his residence in the United States and argue that he should rightfully receive 100% of his disability benefit.
Family Reunification
Every effort undertaken for the benefit of the Filipino veterans may no longer be felt by thousands of them as the population dwindles due to age, sickness, or outright despair. A significant number of the elderly veterans in the United States are resigned to their plight but grab on to the one real hope that at least in the near future, their adult children can immigrate and join them in the United States.
A bill called the Filipino Veterans Family Reunification Act of 2013 sponsored by Senator Mazie Hirono (D-HI) and Rep. Colleen Hanabusa (D-HI1) will benefit descendants of the Filipino veterans. If this bill is passed into law, children of Filipino veterans may take advantage of the exemption from the numerical limitation set by the U.S. immigration quota system. This means that their petitions will all be processed outside the set quota and they need not wait for the priority dates to be current. This bill specifically mentions that it will apply even if the Filipino veteran is no longer living, as long as there is proof of the veteran’s naturalization as a U.S. citizen. Senator Hirono was able to tack this provision into the Comprehensive Immigration Reform bill which was passed by the Senate. Unfortunately, the House of Representatives has as yet to take active action in order to get the immigration reform bill passed.
The story of our Filipino veterans and their descendants had always been that of constant struggle. Countless Filipino Americans and their supporters are actively taking steps to try to correct the iniquities brought about by the Rescission Act 1946 and restore the rights of the Filipino veterans. But with the political and economic climate being what it is, it will be a long road ahead before Filipino veterans and their families could realize true justice. Hopefully, it will not take another 68 years.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 721 1963 or visit her website at tancinco.weareph.com/old)
