Posts Tagged ‘Agent Orange’

VA readies spigot of payments – Retroactive Benefits

Saturday, September 4th, 2010

September 3, 2010
New Agent Orange Presumptons and Retroactive Benefits to 1985, Nehmer v. DVA
Filed under: Uncategorized — Tags: Agent orange; AO; retroactive benefits; 1985; Nehmer v. DVA; — veteranclaims @ 5:16 pm
We strongly urge all veteran with a previous Agent orange claim, to make sure that they send a written reminder to their local VA Regional Office of their previous filing, and request a written reply which advises them of the current status of that previous filing.
Also, because given the shredding of records and such and that these original claims may be over 25 years old, there is no telling what remains in your claim file regarding that original filing, so get a copy of the records and get legal help. If your previous claim was denied, you may be able to secure legal representation.

“Because of a 25-year-old court ruling, Nehmer v. Department of Veterans Affairs, VA must review claims previously filed for these diseases and make payments retroactive to the claim date, or to the date of the Nehmer ruling, Sept. 25, 1985, whichever is later.

The 93,000 veterans and survivors so far identified as having filed a claim for one of these diseases don’t need to file another, said Pamperin. “We are going to review those cases on our own…back to the earliest date they claimed that disability — but not earlier than Nehmer — and will award benefits from that date.”

Full Article at: With new ‘AO’ rule out, VA readies spigot of payments
By Tom Philpott
Special to Stars and Stripes
Published: September 3, 2010

“The Department of Veterans Affairs published its final regulation Aug. 31 for compensating Vietnam veterans with ischemic heart disease, Parkinson’s disease or B-cell leukemia, or their surviving spouses.

Veterans diagnosed with these diseases only will have to show they stepped foot in Vietnam sometime from Jan. 9, 1962 through May 7, 1975, to qualify for service-connected disability ratings and compensation.”

“RETROACTIVE PAY – Because of a 25-year-old court ruling, Nehmer v. Department of Veterans Affairs, VA must review claims previously filed for these diseases and make payments retroactive to the claim date, or to the date of the Nehmer ruling, Sept. 25, 1985, whichever is later.

The 93,000 veterans and survivors so far identified as having filed a claim for one of these diseases don’t need to file another, said Pamperin. “We are going to review those cases on our own…back to the earliest date they claimed that disability — but not earlier than Nehmer — and will award benefits from that date.”

If the veteran is deceased, VA will award back pay to the surviving spouse. If no surviving spouse is found, the National Veterans Legal Services Program, which litigated the Nehmer decision, will help to identify someone else who might be eligible for the benefits.

Besides disability pay, back payments could include Dependency and Indemnity Compensation for the widow, enhanced burial benefits if a veteran’s death was due to a service-connected condition, and 36-months of education benefit to a spouse or a child, no matter what age the child is today, if the veteran was 100-percent disabled at time of death.

If veterans or survivors are worried the VA will not identified them as eligible for retroactive payments, they can file a new claim, Pamperin said.

“We are doing a data run against our corporate record, and some of these corporate records are limited to six diagnostic codes. So we’ve done the best we can with the resources we have to identify people,” he said.

Diana Rubens said 1000 staffers at 13 regional officers, including 326 specially-trained rating specialists, are working only on Nehmer claims, which can involve complex calculations and long searches for next of kin.

RECENT CLAIMS – 60,000 veterans and survivors who have filed claims for the three diseases since last October also will receive Nehmer protection in that payment will be made back to the date of the claim.

Every VA service center and regional office is working to develop and process these claims for payment sometime after Oct. 30.

“Our goal is to spend the next couple of months setting up as many claims as possible for payments as quickly as possible,” Rubens said.

FUTURE CLAIMS – If veterans or survivors planning to submit a new Agent Orange claim can show they had one of these diseases diagnosed on or before Aug. 31 this year, and if they file their claim before Aug. 30, 2011, it will be payable back to Aug. 31, 2010, the date the regulation took effect. Otherwise, payment date will be the date an approved claim was filed.

Pamperin advises veterans to gather medical records from private doctors so VA won’t need to schedule new exams to confirm their diseases.

“Blue Water” Navy veterans eligible for Agent Orange Benefits

Sunday, January 24th, 2010

From VA’s Jan 2010 Comp and Pension bulletin
Policy (211)
Information on Vietnam Naval Operations
Compensation and Pension (C&P) Service has initiated a program to collect data on Vietnam naval operations for the purpose of providing regional offices with information to assist with development in Haas related disability claims based on herbicide exposure from Navy Veterans. To date, we have received verification from various sources showing that a number of offshore “blue water” naval vessels conducted operations on the inland “brown water” rivers and delta areas of Vietnam. We have also identified certain vessel types that operated primarily or exclusively on the inland waterways. The ships and dates of inland waterway service are listed below. If a Veteran’s service aboard one of these ships can be confirmed through military records during the time frames specified, then exposure to herbicide agents can be presumed without further development.
All vessels of Inshore Fire Support [IFS] Division 93 during their entire Vietnam tour USS Carronade (IFS 1) USS Clarion River (LSMR 409) [Landing Ship, Medium, Rocket] USS Francis River (LSMR 525) USS White River (LSMR 536)
All vessels with the designation LST [Landing Ship, Tank] during their entire tour [WWII ships converted to transport supplies on rivers and serve as barracks for brown water Mobile Riverine Forces]
All vessels with the designation LCVP [Landing Craft, Vehicle, Personnel] during their entire tour
All vessels with the designation PCF [Patrol Craft, Fast] during their entire tour [Also called Swift Boats, operating for enemy interdiction on close coastal waters]
All vessels with the designation PBR [Patrol Boat, River] during their entire tour [Also called River Patrol Boats as part of the Mobile Riverine Forces operating on inland waterways and featured in the Vietnam film “Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated on Saigon River, October 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated on Saigon River August 8-19, 1967 and December 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer] [Operated on coastal inlet north of Da Nang, June 2-5, 1966, protecting Marines holding a bridge]
USS Basilone (DD-824) [Destroyer] [Operated on Saigon River, May 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated on Song Lon Tao and Long Song Tao Rivers, August 15-September 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated on Saigon River, early August 1966]
USS Fiske (DD-842) [Destroyer] [Operated on Mekong River, June 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on Saigon River, July 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light, Guided Missile] [Operated on Saigon River 3 days during January 1964]
USS Mahan (DLG-11) [Guided Missile Frigate] [Operated on Saigon River October 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport] [Operated on Saigon River July 22-23, 29-30, 1968 and August 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores Ship] [Unloaded supplies on Saigon River and Cam Rahn Bay, April 22-25, 1968]

Poisonous Legacy

Sunday, January 3rd, 2010

Dioxin
Tran Huynh Thuong Sinh, who was born without eyes, is examined by a nurse at a hospital in Ho Chi Minh City. Many children at the facility are from areas once heavily sprayed by U.S. forces with the defoliant Agent Orange. (Kuni Takahashi / Chicago Tribune / July 8, 2009)

Findings point new path for dealing with Vietnam War’s poisonous legacy
A Canadian firm says U.S. use of defoliants in Vietnam has left perilous dioxin levels, but that the issue is solvable.

By Jason Grotto

January 3, 2010

Reporting from Da Nang, Vietnam – When a small Canadian environmental firm started collecting soil samples on a former U.S. air base in a remote Vietnamese valley, Thomas Boivin and other scientists were skeptical that they would find evidence proving herbicides used there by the American military decades ago still posed a health threat.

But results showed that levels of the cancer-causing poison dioxin were far greater than guidelines set by the U.S. Environmental Protection Agency for residential areas.

That’s when Boivin, now president of the firm, says he had his “eureka moment.” Vancouver-based Hatfield Consultants Ltd. began tracing the toxin through the food chain, from the soil and sediment of nearby ponds to the fat of ducks and fish to the blood and breast milk of villagers living on the contaminated site.

The breast milk of one woman in the study contained dioxin levels six times higher than what the World Health Organization deems safe. She also had a 2-year-old child with spina bifida, one of the birth defects for which the U.S. Department of Veterans Affairs compensates the children of U.S. veterans.

Since then, Hatfield and Vietnamese scientists have taken samples from nearly 3,000 former U.S. military installations scattered throughout former South Vietnam and have identified 28 “hot spots,” including three highly contaminated sites around populated areas in Da Nang, Bien Hoa and Phu Cat.

Their findings offered a way to recast the legacy in Vietnam of Agent Orange and related defoliants as a solvable, though urgent, issue. Instead of a messy controversy over birth defects and other complex health issues, the discovery of persistent contamination focused attention on a measurable, present-day problem that could be addressed.

Yet since the first Hatfield study was published in 2000, the U.S. government has done little to help clean up the sites it contaminated during the Vietnam War, providing just $6 million to tackle both the serious health issues related to the contamination and the significant environmental damage caused by the defoliants.

Boivin and others who have worked on the issue say that since the first studies came out, there has been more cooperation between the U.S. and Vietnam. Hatfield started working in Vietnam pro bono in hopes of landing Canadian government subsidies, but the firm later became committed to studying the problem, donating hundreds of hours and resources.

“During the past few years in particular, there’s been huge movement on the U.S. and Vietnamese sides,” Boivin said. “It’s very encouraging to see.”

Yet the United States’ overall pace of action on polluted former military bases in Vietnam has been slow. Officials in Vietnam and the U.S. have not settled on an exact cost, but the price tag to clean up Vietnam War-era hot spots would run into the tens of millions of dollars.

“There’s no question that there are levels of dioxin in Vietnam that are harmful, and there is no doubt that U.S. and South Vietnamese forces storing it there has had a cause and effect,” said Michael Marine, the U.S. ambassador to Vietnam from 2004 to 2007.

“It’s a relatively easy argument to make that the U.S. should help to address this issue.”

The impact of Agent Orange isn’t felt only by soldiers and civilians who were directly sprayed. The chemical has had a lasting effect in and around the bases where it was stored — and spilled.

When Nguyen Van Dung took a job cleaning sewers at the Da Nang airport in 1996, he didn’t know that U.S. forces had stored hundreds of thousands of gallons of herbicides there during the Vietnam War or that those herbicides contained a highly toxic compound linked to more than a dozen illnesses. He didn’t know that the compound had soaked into the soil and remained there at dangerously high levels.

Dung moved with his wife, Thu, and their healthy infant daughter into a one-room cinder-block house next door to the former U.S. air base. During the next 13 years, Dung and Thu, who also works at the airport, had two children with devastating illnesses, including rare blood and bone diseases, that the couple suspect were caused by contamination at the airport.

Their second daughter died when she was 7, and now their 10-month-old son, who suffers from the same ailments, requires painful blood transfusions every month to stay alive.

“I am a man, and men seldom cry,” said Dung, 41, who sat cross-legged on the floor in his home, tears welling in his eyes as Thu cradled the frail infant in her lap. “But every time my son has a blood transfusion, I cry.”

During the last three years, Hatfield and Vietnamese scientists measured levels of dioxin in the blood and breast milk of workers at the Da Nang airport that were as much as 100 times higher than WHO safety guidelines.

Dioxin is considered the most persistent toxin known. In the environment, its half-life can be decades, meaning it takes that long for the chemical contamination to diminish by half. In the human body, the half-life of dioxin is about 7 1/2 years. That means that, not even a decade ago, some residents tested by Hatfield could have had even higher levels of the toxin.

The contamination at Da Nang isn’t confined to the air base. Scientists also found that dioxin from the herbicides had seeped into nearby Sen Lake, where for decades residents bought and sold fish.

For Vietnam War veterans, injustice follows injury

Saturday, December 5th, 2009

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For Vietnam War veterans, injustice follows injury
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Second in a series: Vietnam vets wait years and fight skeptical agency to get disability

By Tim Jones
Tribune reporter

December 6 2009

Jack Cooley delivered his final argument in a long, distinguished legal career from a hospital bed.

The complete article can be viewed at:
http://www.chicagotribune.com/health/agentorange/chi-agent-orange2-dec06,0,2356181.story

Visit chicagotribune.com at http://www.chicagotribune.com

Extended benefits to Agent Orange Veterans!

Tuesday, October 20th, 2009

CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS

Veterans News Contact: JP Tremblay
Jerry Jones
Jaime Arteaga
Legislation and Public Affairs
916-653-2192
October 14, 2009

NEWS FROM THE U.S. DEPARTMENT OF VETERANS AFFAIRS

USDVA Extends “Agent Orange” Benefits to More Veterans
Parkinson’s Disease, Two Other Illnesses Recognized

Relying on an independent study by the Institute of Medicine (IOM), U.S. Department of Veterans Affairs 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.

“We welcome the addition of these illnesses to the list of those already associated with Agent Orange,” said Roger Brautigan, Acting Secretary for the California Department of Veterans Affairs. “It is only right that veterans who were exposed to Agent Orange, and are now suffering from these illnesses be provided an easier path to obtaining their benefits and needed healthcare.”

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 U.S. Department of Veterans Affairs (USDVA).

“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 the USDVA’s “presumption” rule as being caused by exposure to herbicides during the Vietnam War are:
• Acute and Subacute Transient Peripheral Neuropathy
• AL Amyloidosis
• 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
• Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma)

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

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Note to editors: This Veterans News Release and previous CalVet news releases, advisories, and newsletters are available on our website at www.calvet.ca.gov.