Showing posts with label agent orange. Show all posts
Showing posts with label agent orange. Show all posts

Tuesday, January 20, 2015

Agent Orange Exposure to C-123 Aircrews Not In Vietnam 1972-1982

Between 1972 and 1982, up to 2,100 U.S. Air Force (AF) Reserve personnel trained and worked on C-123 aircraft previously used to spray Agent Orange (AO) during Operation Ranch Hand (ORH) in the Vietnam War.
AO residue was found on those aircraft. However, the Department of Veterans Affairs (VA) considers AF Reservists who served in ORH C-123s ineligible for health care and disability coverage under the Agent Orange Act of 1991.
Recently, VA asked the Institute of Medicine (IOM) to evaluate whether service in ORH C-123s could have exposed AF Reservists to herbicide residues at levels harmful to their health. IOM found:
  • The AF reservists would have experienced some exposure to chemicals from herbicide residue when working inside ORH C-123s. 
  • It is plausible that, at least in some cases (which cannot be associated with specific individuals), the reservists’ exposure exceeded health guidelines for workers in enclosed settings. Thus, some reservists quite likely had problems - as the report puts it, "non-trivial increases in their risks of adverse health outcomes."
Action:
  • If your client worked on those planes during that time, consult the Agent Orange Registry at your local VA Health Care Facility. The Client Does Not Have To Have Been In Or Near Vietnam - just working on those C-123s 1972-1982s. If you don't know where the Agent Orange registry is, ask at the information desk. It is not certain that VA will act on this, but it seems likely and the client has earned help for any AO-related problems. This can include medical assistance and disability pay. NOTE WELL: disability pay typically relates back to the day on which a claim has been filed. It is therefore very important to file a claim immediately, even if not all the documentation is available to complete a claim. If your client uses the online claim system, the start date is the day on which the claim STARTED to be filed, not the date on which the claim was completed. This can be an important distinction if it takes your client time to get all the documentation. Do not delay. As a general rule, your client can get the help they need filing a claim through their preferred VSO, but if they advocate delaying for any reason, your client may be better served going to the next one.
  • If your client did not work on those planes but had exposure to Agent Orange in other ways, check with the Agent Orange Registry. This report is the direct result of an affected veteran advocating not for himself but for his comrades, with a long campaign of calls, letters and documentation. If the client is not currently within the rules, the rules can be changed - read more at Dogged Reservist Behind Win for Ailing C-123 Crewmen
Learn More:

Wednesday, July 10, 2013

Agent Orange Ship List Updated.

The Agent Orange Ship List has been recently updated.
Rather than copy that information here, let me recommend you go to the list because it will no doubt be updated again.
Also, if you think a ship not on the list should be, submit your information via the Ship Not On The List? page.
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Wednesday, January 2, 2013

New Agent Orange Book

Agent Orange: History, Science, and the Politics of Uncertainty is a recent (2012) book examines the far-reaching impact of Agent Orange, the most infamous of the dioxin-contaminated herbicides used by American forces in Southeast Asia, not simply reconstructing the history of the chemical war but investigating the ongoing controversy over the short- and long-term effects of weaponized defoliants on the environment of Vietnam, on the civilian population, and on the troops who fought on both sides.

Learn more at the book's Amazon page.

Monday, September 12, 2011

VA Issues Agent Orange Ships List

Summary

If you served on the waters of Vietnam between January 1962 and May 1975, you might get Department of Veterans Affairs (VA) disability compensation for 14 medical conditions that are now presumed to have something to do with exposure to Agent Orange. However you MUST apply for the compensation; as always, if you do nothing, then nothing will happen.

What's the Problem?

For you younger kids, Agent Orange was a poison we sprayed on Vietnam to make it harder for the enemy to hide in the jungle. The poison got on our guys too and causes all sorts of problems, like cancer years later. The surviving veterans deserve care for their wounds because the damage was inflicted while they were serving out country, but some of the wounded were on watercraft and there used to be a rule saying you weren't "in" Vietnam if you hadn't set foot on land. That rule got fixed but a lot of people don't know they may now be eligible for treatment.
The VA is now playing catch-up; this is from their website:

"Agent Orange: U.S. Navy and Coast Guard Ships in Vietnam

Soldiers are in a boat near a jungle area that could have been sprayed with Agent Orange
VA has released a list of U.S. Navy and Coast Guard ships associated with military service in Vietnam and possible exposure to Agent Orange based on military records.
This evolving list will help Veterans who served aboard ships, including “Blue Water Veterans,” find out if they may qualify for presumption of herbicide exposure.
Veterans must meet VA's criteria for service in Vietnam, which includes aboard boats on the inland waterways or brief visits ashore, to be presumed to have been exposed to herbicides.
Veterans who qualify for presumption of herbicide exposure are not required to show they were exposed to Agent Orange or other herbicides when seeking VA compensation for diseases related to Agent Orange exposure.

Find Your Ship

Ships or boats that were part of the Mobile Riverine Force, Inshore Fire Support (ISF) Division 93 or had one of the following designations operated on the inland waterways of Vietnam. Veterans whose military records confirm they were aboard these ships qualify for presumption of herbicide exposure.
During your Vietnam tour, did your ship or boat have one of the following designations?
  • LCM (Landing Craft, Mechanized)
  • LCU (Landing Craft, Utility)
  • LCVP (Landing Craft, Vehicle, Personnel)
  • LST (Landing Ship, Tank)
  • PBR (Patrol Boat, River)
  • PCF (Patrol Craft, Fast or Swift Boat)
  • PG (Patrol Gunboat)
  • WAK (Cargo Vessel)
  • WHEC (High Endurance Cutter)
  • WLB (Buoy Tender)
  • WPB (Patrol Boat)
  • YFU (Harbor Utility Craft)

Alphabetized Ship List

If your vessel is not included in the Mobile Riverine Force, ISF Division 93 or above designations, check VA's Alphabetized Ship List.

Need Help Determining Qualifying Service?

VA will help determine qualifying service in Vietnam when you file a claim for compensation benefits. To contact VA:
If your vessel is not included in the Mobile Riverine Force, ISF Division 93 or listed designations (see "Find Your Ship"), check the alphabetized list of ships below.To search for your ship, look under the first letter of the formal ship name. For example, if your ship's name is Dennis J. Buckley, look under the letter "D" for Dennis.
Ships will be regularly added to the list based on information confirmed in official records of ship operations. Ship not on the list and you think it should be?
Questions about your eligibility for compensation benefits? Contact your nearest VA benefits office."
Learn more at http://www.publichealth.va.gov/exposures/agentorange/shiplist/index.asp
And thanks for the head's up from military.com.

Tuesday, October 13, 2009

Agent Orange Benefits Extended to More Veterans

From the VA press release (October 13, 2009):
VA Extends “Agent Orange” Benefits to More Veterans
Parkinson’s Disease, Two Other Illnesses Recognized



WASHINGTON – Relying on an independent study by the Institute of Medicine (IOM), Secretary of Veterans Affairs Eric K. Shinseki decided to establish a service-connection for Vietnam Veterans with three specific illnesses based on the latest evidence of an association with the herbicides referred to Agent Orange.
The illnesses affected by the recent decision are B cell leukemias, such as hairy cell leukemia; Parkinson’s disease; and ischemic heart disease.

Used in Vietnam to defoliate trees and remove concealment for the enemy, Agent Orange left a legacy of suffering and disability that continues to the present.  Between January 1965 and April 1970, an estimated 2.6 million military personnel who served in Vietnam were potentially exposed to sprayed Agent Orange.
In practical terms, Veterans who served in Vietnam during the war and who have a “presumed” illness don’t have to prove an association between their illnesses and their military service.  This “presumption” simplifies and speeds up the application process for benefits.

The Secretary’s decision brings to 15 the number of presumed illnesses recognized by the Department of Veterans Affairs (VA).  

“We must do better reviews of illnesses that may be connected to service, and we will,” Shinseki added. “Veterans who endure health problems deserve timely decisions based on solid evidence.”
Other illnesses previously recognized under VA’s “presumption” rule as being caused by exposure to herbicides during the Vietnam War are:

·         Chloracne
·         Chronic Lymphocytic Leukemia
·         Diabetes Mellitus (Type 2)
·         Hodgkin’s Disease
·         Multiple Myeloma
·         Non-Hodgkin’s Lymphoma
·         Porphyria Cutanea Tarda
·         Prostate Cancer
·         Respiratory Cancers, and 

Additional information about Agent Orange and VA’s services and programs for Veterans exposed to the chemical are available at www.publichealth.va.gov/exposures/agentorange.

More has to be done, such as recognizing our Blue Water Agent Orange Survivors, but at least this is progress.

Monday, June 8, 2009

Agent Orange Equity Action on Facebook

Our Blue Water Navy veterans of Vietnam need our help in getting help with their Agent Orange Injuries, as mentioned earlier in Agent Orange Equity Act of 2009 (HR 2254, 111th Congress)

A network is rapidly forming, of citizens calling Congress to politely (please!) ask our Congresscritters whether they back the bill and, if not, why not. If we get enough people asking, they will act; imagine having to explain to your constituents that you oppose this!


The network, hosted by Facebook, is called Support Passage of Agent Orange Equity Act 2009 - H.R.2254. I hope you will consider joining us (and whether or not you do, call Congress now ... what reason can you have to delay?)

Together, we can get this done. The technology makes it easier, but we need to make the call and then tell our friends.

Wednesday, May 20, 2009

Agent Orange Equity Act of 2009 (HR 2254, 111th Congress)

What's the Problem?

For you younger kids, Agent Orange was a poison we sprayed on Vietnam to make it harder for the enemy to hide in the jungle.

Problem is, the poison got on our guys too and causes all sorts of problems. Since they were essentially wounded in service, the surviving veterans deserve care for their wounds.

Problem is, some of the wounded were "Blue Water Navy". Those supply ships carrying the poison wouldn't necessarily touch shore, just pull up and dump stuff off. The sailors who didn't set foot in Vietnam got exposed all the same in the normal course of handling the poison.

Problem is, when the Blue Water Vets try to get help for their injuries, the Courts ruled in Haas vs. Peake that they are Shucks-Out-Of-Luck. The reasoning is crazy .... the Court says it's just TOO HARD to figure out whether a ship came close to Vietnam; the Court never having heard of a ship's log.

What's the Solution?

The Agent Orange Equity Act of 2009 is to fix this maddening injustice. If you have a yellow ribbon on your SUV, you'd better call your congresscritter to support this thing ... before the Blue Water vets are all dead and you can just wax sentimental.

According to the House Committee on Veterans Affairs:
Congress Must Act to Restore Earned Benefits to All Vietnam Veterans – Including “Blue Water” Vets!
May 8, 2009

Washington, D.C. – House Veterans’ Affairs Committee Chairman Bob Filner (D-CA) announced the introduction of H.R. 2254, a bill to restore equity to all Vietnam veterans that were exposed to Agent Orange.

“We owe it to our veterans to fulfill the promises made to them as a result of their service,” said Chairman Filner (D-CA). “If, as a result of service, a veteran was exposed to Agent Orange and it has resulted in failing health, this country has a moral obligation to care for each veteran the way we promised we would. And as a country at war, we must prove that we will be there for all of our veterans, no matter when they serve. The courts have turned their backs on our veterans, but I believe this Congress will not allow our veterans to be cheated of their earned benefits.”

H.R. 2254 would clarify the laws related to VA benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure. In order to try to gain a better military vantage point, Agent Orange, which we now know is a highly toxic cocktail of herbicide agents, was widely sprayed for defoliation and crop destruction purposes all over the Vietnam War Battlefield, as well as on borders and other areas of neighboring nations. It was also stored on U.S. vessels and used for vegetation clearing purposes around U.S. bases, landing zones and lines of communication.

Currently, VA requires Vietnam veterans to prove a “foot on land” occurrence in order to qualify for the presumptions of service-connection for herbicide-exposure related illnesses afforded under current law. This issue has been the subject of much litigation and on May 8, 2008, the Federal Circuit Court of Appeals upheld VA’s overly narrow interpretation and the Supreme Court later denied certiorari essentially affirming this ruling. However, Congress clearly did not intend to exclude these veterans from compensation based on arbitrary geographic line drawing by VA.

H.R. 2254 is intended to clarify the law so that Blue Water veterans and every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991. If enacted, this bill will make it easier for VA to process Vietnam War veterans’ claims for service-connected conditions that are linked to toxic exposures during the Vietnam War and that are identified in current law.

Chairman John Hall leads the Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee with jurisdiction over these issues. He stated, “With this legislation, Congress will leave no doubt that the ‘Blue Water Navy’ and all combat veterans of Vietnam are intended to be covered and compensated; thus ensuring that these veterans will receive the disability benefits they earned and deserve for exposure to Agent Orange. This is the cost of war. We asked these brave men and women to fight for us and serve their country, and it is a grave injustice that they have had to wait this long for treatment. We must place care of our soldiers among our top priorities. This applies for all past, present, and future conflicts.”

“Time is running out for these veterans,” concluded Chairman Filner. “Many are dying from their Agent Orange related diseases, uncompensated for their sacrifice. There is still a chance for America to meet its obligations to these noble veterans. I will work with my Congressional colleagues to provide the earned disability benefits and health care to the thousands of Navy blue water veterans and survivors that earned this care in battle.”
(full press release)

What's can Little Old Me Do?

  • Call your Congresscritter; you can get the 800 number at www.callcongress.orgAsk your Representatives whether they support the Agent Orange Equity Act of 2009; if they do, thank them nicely; if they don't, ask why not? Letters o.k. too, but take too long to get through the anthrax screening; emails are better than nothing but are so easy to do that they lack punch. A phonecall to your rep's local office might be good too.
  • Read the Text of the bill
  • See who's sponsoring it and what the bill status is on GovTrack
  • Pick apart the idiotic court decision that lead to denying health care to injured "Blue Water" veterans: Haas vs. Peake
  • Remember, HR 2254 appears to be a re-start of the Agent Orange Equity Act of 2008, but let's hope the new Congress can get'r'done this time
  • Learn more about Agent Orange and the Blue Water Navy.

Thursday, October 16, 2008

Blue Water Navy & Agent Orange: Appeal Denied in Haas vs. Peake

The legacy of Agent Orange (AO) lives on.

Per 38 U.S.C. § 1116(a)(1)(A), if a veteran who has certain diseases can prove service “in the Republic of Vietnam” between January 9, 1962, and May 7, 1975, the disease will ordinarily “be considered to have been incurred in or aggravated by such service.”

The clear intent of the statute is to treat medical problems from exposure to AO in the line of duty. However, the English language is always subject to interpretation. The VA argues that personnel on board shipveterans who had served in the waters off Vietnam ( generally known as “blue water” veterans, in distinction to "brown water" veterans who sailed up rivers) , even if operating close enough to the coastline to be exposed to AO on the wind or in the water, did not incur service "in" Vietnam.

This idiotic notion was rejected by the Veterans Court. Mr. Haas, a bluewater veteran who had served on an ammunition ship off Vietnam, sought disability compensation for type 2 diabetes and other problems within 38 U.S.C. § 1116. While the VA's regional office and its Board of Veterans’ Appeals denied the claim, on appel the Veterans' Court reasoned 38 C.F.R. § 3.307(a)(6)(iii) defined “service in the Republic of Vietnam” as including “service in the waters offshore, and that the DVA regulation ruling otherwise was unreasonable:
"...given the spraying of Agent Orange along the coastline and the wind borne effects of such spraying, it appears that these veterans serving on vessels in close proximity to land would have the same risk of exposure to the herbicide Agent Orange as veterans serving on adjacent land, or an even greater risk than that borne by those veterans who may have visited and set foot on the land of the Republic of Vietnam only briefly...."
However, the VA appealed this ruling and succeeded in having it overturned, in Haas vs. Peake.

Haas appealed to the United States Court of Appeals for the Federal Circuit for a rehearing, but on October 9, 2008 a panel upheld the VA 2-1.

There are two reasons for hope. First, Judge Fogel on the panel recommended that the full court grant rehearing en banc. Second, Bob Filner, Chairman of the House Committee on Veterans’ Affairs, introduced the Agent Orange Equity Act (HR 6562) to overturn the VA's position.

More information

Wednesday, July 30, 2008

Agent Orange Equity Act of 2008

Bob Filner, Chairman of the House Committee on Veterans’ Affairs, announced the introduction of the Agent Orange Equity Act (HR 6562) with the stated goal to "restore{} equity to all Vietnam veterans that were exposed to Agent Orange". According to the Press Release:
The Agent Orange Equity Act of 2008 would clarify the laws related to VA benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure. In order to try to gain a better military vantage point, Agent Orange, which we now know is a highly toxic cocktail of herbicide agents, was widely sprayed for defoliation and crop destruction purposes all over the Vietnam War Battlefield, as well as nearby nations. It was also stored on U.S. vessels and used for vegetation clearing purposes around U.S. bases, landing zones and lines of communication.
Currently, VA requires Vietnam veterans to prove "foot on land" in order to qualify for the presumptions of service-connection for herbicide-exposure related illnesses afforded under current law. This issue has been the subject of much litigation and on May 8, 2008, the Federal Circuit Court of Appeals upheld VA’s overly narrow interpretation. Congress clearly did not intend to exclude these veterans from compensation based on arbitrary geographic line drawing by VA.
The Agent Orange Equity Act of 2008 is intended to clarify the law so that every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991. If enacted, this bill will make it easier for VA to process Vietnam War veterans’ claims for service-connected conditions that scientists have conclusively linked to toxic exposures during the Vietnam War and that are identified in current law. With this legislation, Congress will leave no doubt that the "Blue Water Navy" and all combat veterans of Vietnam are intended to be covered and compensated; thus ensuring that these veterans will receive the disability benefits they earned and deserve for exposure to Agent Orange.

Naturally, this has excited much discussion.
VNvets blogspot notes:
"The concept that Agent Orange, and its effects, stopped dead in its tracks at the shoreline is simply too illogical, and too ludicrous to accept. (MORE)

But VA Watchdog calls the act "Woefully Inadequate" because, as currently written, the act:
"...doesn't include those veterans exposed in nearby countries such as Laos, Cambodia and Thailand. He also forgets about other areas through which large quantities of Agent Orange were shipped (and used) such as Guam." (MORE)

Read for yourself, and follow the bill, here: http://www.govtrack.us/congress/bill.xpd?bill=h110-6562

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Spread the news via digg

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Update June 27, 2009: the legislation has been reintroduced as Agent Orange Equity Act of 2009 (HR 2254, 111th Congress)
  • Call your Congresscritter (the local office is probably best since the DC office gets swamped) and ask whether they have sponsored this bill and if not, why not
  • Join the HR2254 Facebook Cause to stay current with the issue and tell others what you learned from contacting Congress. Technology makes it easier to get our representatives moving!