"The Ravens" 1
Stand by me
.. never forgotten
Email:
THAI-VET@GMX.COM
* Please
support our troops today in uniform!
They chose to answer the
'Call to Duty' for us,
but gave up their right to personal choice
and when they go to places like Iraq or Afghanistan,
it is for you and me!
- Franco Thailand Vet (Two tours: '68 & '69)
* A simple "Thanks" will suffice; stop, shake their hand.
(No salute necessary.)
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You'll never know how much |
our men and women |
in uniform appreciate that!
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| Vietnam |
Thailand |
An Khe
Qui Nhon to An Khe
Pleiku *
Korat Complex (1964**)
Air Base (Later)
NKP (1972)
Built by Naval SeaBeas
| | | |
* As you can see, Pleiku base was located in a dangerous combat area; therefore "Heavy Brown" treatment !
** 2LT Mac Alan Thompson, USA, retired in Thailand credit for photo. See
story in "Thailand (Exposed)"
|
Defining
"Brown Death"
@ Court Decision;
Photos
"[continuously] brown due to herbicide spraying"
.. and when you can't make'em quit
-- "Cut'em off at the knees"
see Thailand Exposure NOD
Ground Zero: Thailand Direct Exposure
Assessment Model *
* March, 2008 Institute of Medicine of the National Academies
.. evidence the VA/DOD would rather you not have.
Agent Orange/Herbicides -
..
on or around
.. U.S. occupied installations
The Policy of the
U.S. Embassy (Bangkok, Thailand,)
in coordination with the military liason of
JUSMAGTHAI.
Policy Memo @ "Base Defense in Thailand"
(Declassified 3 Dec 2007)
"Next in importantce was defoliation of the base interior."
"In light of these facts, the answer to
vegetation control in the base interior
as on the
perimeter appeared to be
herbicides.”
- Vegetation Control Report *
Arguement @ Herbicide Agents sprayed on Base Interior ( Online)
and
disspelling the VARO Myth @ direct exposure
* About the only existing declassified report @ S.E.A.
Contradiction??? Or, cover-up?
The USA-ESG (United States Army & Joint Services
Environmental Support Group * )
research indicated that
"herbicides were not sprayed
near U.S. personnel in Thailand. "
* In a letter from the Director @ USA-ESG ...
.. this (policy) memo says otherwise. In fact, it contradicts it!
"[on] or around US occupied installations"
Answer: Government Cover-Up
Reason: Financial Liability
Soldiers are expendable.
Herbicide Agent 55-Gallon Drums (Striped) and color-coded
Note: ends of drums also painted; POL drums ain't ...
Understanding 2,4,5,-trichlorophenol
with impurities,
the most active of which is 2,3,7,8,
-tetrachlorodibenzo-p-dioxin or
TCDD
Dow Chemical 1965 "Internal Document"
Dioxin
Monsanto Criminal Investigation
by EPA @ 15 Nov 90
Sunday December 6, 2009
 VA Watchdog Series
By Tim Jones Tribune reporter
.. and, for those that may be interested in my
opinion.
Part 2
of a Tribune investigation finds that for many U.S. veterans, the bureaucratic fight to be compensated for health problems linked to Agent Orange amounts to a new and unexpected war, long after the shooting ended overseas.
Agent Orange's lethal legacy: Defoliants more dangerous than they had to be
Papers show firms didn't act on data to reduce toxicity
By Jason Grotto and Tim Jones, Tribune reporters
December 17, 2009
Part 5 of a Tribune investigation unearths documents showing that decisions by the U.S. military
and chemical companies that manufactured the defoliants used in Vietnam made the
spraying more dangerous than it had to be.
As the U.S. military aggressively ratcheted up its spraying of Agent Orange over South Vietnam in 1965,
the government and the chemical companies that produced the defoliant
knew it posed health risks to soldiers and others who were exposed.
That year, a Dow Chemical Company memo called a contaminant in Agent Orange "one of the most toxic materials known causing not only skin lesions, but also liver damage."
Yet despite the mounting evidence of the chemical's health threat,
the risks of exposure were downplayed,
a Tribune review of court documents and records from the National Archives has found. The spraying campaign would continue for six more years.
Records also show that much of the controversy surrounding the herbicides might have been avoided
if manufacturers had used available techniques to lessen dioxin contamination
and if the military had kept
better tabs on levels of the toxin in the compounds.
Dow Chemical knew as early as 1957 about a technique that could eliminate dioxin
from the defoliants by slowing the manufacturing process, according to documents unearthed by veterans' attorneys.
Since the Vietnam War,
dioxin has been found to be a carcinogen
associated with Parkinson's disease, birth defects and dozens of other health issues.
Thousands of veterans as well as Vietnamese civilians were directly exposed
to the herbicides used by the military.
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Debilitating illnesses linked to defoliants used in South Vietnam now cost the federal government billions of dollars annually and have contributed to a dramatic increase in disability payments to veterans since 2003.
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Documents show that before the herbicide program was launched in 1961, the Department of Defense
had cut funding and personnel to develop defoliants for nonlethal purposes.
Instead it relied heavily on the technical guidance of chemical companies,
which were under pressure to increase production to meet the military's needs.
The use of defoliants led to massive class-action lawsuits brought by veterans and Vietnamese citizens against the chemical firms. The companies settled with U.S. veterans in the first of those suits in 1984 for $180 million.
Since then, the chemical companies have successfully argued they are immune from legal action
under laws protecting government contractors. The courts also found that the military
was aware of the dioxin contamination but used the defoliants anyway
because the chemicals helped protect U.S. soldiers.
A 1990 report for the Secretary of the U.S. Department of Veterans Affairs
found that the military knew that Agent Orange was harmful to personnel but took few precautions to limit exposure. The report quotes a 1988 letter from James Clary, a former scientist with the Chemical Weapons Branch of the Air Force Armament Development Laboratory, to then- Sen. Tom Daschle, who was pushing legislation to aid veterans with herbicide-related illnesses.
"When we initiated the herbicide program in 1960s, we were aware of the
potential for damage due to dioxin contamination in the herbicides," Clary wrote.
"We were even aware that the 'military' formulation had a higher dioxin concentration
than the 'civilian' version due to the lower cost and speed of manufacture.
However, because the material was to be used on the 'enemy,' none of us were overly concerned."
[EDITOIRAL: see story first part, ie, "tabs on compounds" .. they are talking about camps, bases,
installations -- not herbicide (compounds) levels. I guess that's why those generals get paid those
big bucks .. not to think.]
Military scientists had been experimenting with herbicides since the 1940s,
but funding cuts in 1958 left few resources in place to fully evaluate the chemicals for use in Vietnam.
"I was given approximately 10 days notice to come to Vietnam to undertake 'research' in connection with the
above tasks," wrote Col. James Brown of the U.S. Chemical Corps Research and Development Command
in an October 1961 report to top brass just as the defoliation program was ramping up.
"Thus, a large order was placed on a very poorly supported research effort."
The military launched a limited herbicide program in 1962 that involved 47 missions.
At the time, relatively little was known about the health effects of dioxin,
in part because cancer and other illnesses can take decades to develop
and the herbicides had only been in wide use since 1947.
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But
documents uncovered by veterans' attorneys
show the chemical companies knew that ingredients
in Agent Orange and other defoliants could be harmful.
As early as 1955, records show, the German chemical company Boehringer had begun contacting Dow
about chloracne and liver problems at a Boehringer plant that made 2,4,5-T, the ingredient in Agent Orange
and other defoliants that was contaminated with dioxin.
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Unlike U.S. chemical companies, Boehringer halted production and dismantled parts of its factory after it discovered workers were getting sick. The company studied the problem for nearly three years before resuming production of 2,4,5-T.
In doing so, the company found that dioxin was the culprit and that they could limit contamination by cooking the chemicals at lower temperatures, which would slow production.
In response to questions from the Tribune, Dow said it didn't purchase the
proprietary information on the technique until 1964 and didn't start using it until 1965.
Records show it did not inform other manufacturers or the government about the technique
until the military began planning construction of its own chemical plant to make herbicides in 1967.
By that time, Dow also had developed a procedure to test dioxin levels in batches of 2,4,5-T.
The company provided that technique to other companies in 1965
but not to the military until 1967, the company said.
Earlier in the decade, nearly two dozen military officials and chemical industry scientists met in April 1963 to issue a "general statement" about the health hazards from 2,4-D and 2,4,5-T. No one raised concerns about using the chemicals in Vietnam, according to minutes from the meeting.
Evidence focused largely on the fact that more than 300 million gallons of the compounds had been used
domestically since 1947,
even though the formulations for Vietnam would be far more concentrated and contain more dioxin.
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"The committee concluded that no health hazard is or was involved to man or domestic animals from the amounts or manner these materials were used in aforementioned exercise," the minutes show.
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Nonetheless, Dow told the Tribune it had been sharing information about health issues with the military. "In fact, the chemical manufacturers, including Dow, were in dialogue with the U.S. government regarding the potential hazards of chloracne in production workers beginning as early as 1949 and continuing through the 1960s," Dow spokesman Peter Paul van de Wijs said in a written response.
In 1965, the chemical companies involved in producing the defoliants met at Dow's
headquarters in Midland, Mich., to discuss the contaminant's threat to consumers.
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"This material (dioxin) is exceptionally toxic; it has a tremendous potential for producing chloracne and systemic injury," Dow's chief toxicologist, V.K. Rowe, wrote to the other companies on June 24, 1965.
December 2003
EPA on Dioxin Reassessment:
Human Health
Information Sheet
Glossary
References
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But none of the companies informed the military personnel charged with overseeing the defoliation contracts of the safety concerns until late 1967, according to depositions from the lawsuits.
Internal documents from multiple companies indicate they were worried about the specter of tighter regulation.
Only after a study for the National Institutes of Health showed that 2,4,5-T caused birth defects in laboratory animals did the military stop using Agent Orange, in 1970.
Alan Oates, a Vietnam veteran who chairs the Agent Orange committee for Vietnam Veterans of America, said veterans have had little luck in their legal fight for compensation since the 1984 settlement.
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Veterans have argued unsuccessfully in court that the settlement was insufficient because it came too early for thousands of people whose illnesses did not develop until after all the settlement money had run out.
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Benefit of the Doubt Doctrine
-- Undocumented Visits to 'Nam
Quote:
Unfortunately, there is no service personnel documentation of the veteran's ever having made a visitation in Vietnam.
The pertinent governing criteria do require that there be verification of visitation to Vietnam
which is the nature of the veteran's location there briefly enroute to his permanent duty station
in Thailand.
The Board notes that it was not uncommon for American servicemen stationed in Thailand and other neighboring countries during the Vietnam war to have been transported to and from Vietnam for various reasons including temporary duty, brief missions, or just for rest stops which included picking up and dropping off servicemen whose duties were to varying degrees related to the conflict.
It was also not uncommon that such trips, especially those which were brief, as described by the veteran, were
not documented. In fact, it was not uncommon that such temporary stays in Vietnam were last minute decisions due to the exigencies of wartime and the need to use available resources to complete a variety of missions.
The RO has already conceded the credibility of the veteran.
The Board has no reason not to do the same. As the Board noted earlier in this discussion, it is the Board's principal responsibility to assess the credibility, and therefore the probative value of proffered evidence of record in its whole.
-- Takhli Veteran Ruling @ January, 1966 (Granted) Details
Denied hearing/adjudication due to Haas? Ka-ching!
Due Process @ interest on property rights (for benefits entitlement.)
Your "Due Process" Clause 5th Amendment* rights have been violated.
* United States Constitution (Statutory Rights -- not discretionary)
Ruling quote: "Veteran's disability benefits are nondiscretionary, statutorily mandated benefits."
Pg-14; 2nd paragraph
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Due Process
Landmark Ruling
Have a claim?
in that nasty V.A. backlog? <s>
Ka-ching !
Details
Franco: 4 years : 9 months
Since the beginning of time,
the V.A. with its army of lawyers
has abused its authority
and used the judicial system to delay valid claims
and financial compensation to those that earned the right.
This right [to property] is the basis
of the above ruling.
More significantly, the liability the V.A. faces
will illustrate the implications on their budget.
My claim is an example of this abuse.
The initial claim should have been granted
based upon 'CZ" army pay voucher submitted
to substantiate same.
Instead, the adjudicator ignored the evidence
and abused their administrative action in denying my claim.
Thailand Veterans mistreated ..
"See'ing is definitely believing .."
Thailand (Exposed)
and
Photo Gallery
Thailand Veterans Roster Contact Info
Project "Salute"
Government Betrayal
National Disgrace
Society
What you can do ..
Congressional Oversight Committee
Agent Orange Equity Act of 2008/SLASH/2009
Casualties of War ..
How Absurd is This?
The Cover-Up (Exposed) @ Thailand vets -
Legal Discovery Updates @ December, 2007
Why is it still classified SECRET?
Veterans outside Vietnam, eg, Thailand
(Exposure to herbicide agents, eg, agent orange)
Filing Your Claim per Direct Cause
.. and not "presumptive exposure"
Agent Orange:Encyclopedia Britanmica
.. exposure to certain herbicide agents
Selecting a VSO (for representation)
FINDINGS OF FACT
2. Diabetes mellitus is related to the veteran's active service.
CONCLUSION OF LAW
Diabetes mellitus was incurred in service. 38 U.S.C.A. §§
1110, 5102, 5103, 5103A (West 2002);
38 C.F.R. §§ 3.159, 3.303 (2004).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Analysis of Claim
[during] his personal hearing, the veteran
alleged that he developed diabetes mellitus as a result of
his exposure to herbicide agents while serving on active duty
in Guam. His military occupational duties as an aircraft
maintenance specialist allegedly required him to work in an
air field, the perimeter of which was continuously brown due
to herbicide spraying every three months. The veteran also
alleges that he recalls seeing storage barrels at the edge of
the base, which he now knows housed herbicides. Following
discharge, Anderson Air Force base in Guam, where the veteran
was stationed, underwent an environmental study, which showed
a significant amount of dioxin contamination in the soil and
prompted the federal government to order a clean up of the
site.
Service connection may be granted for disability resulting
from disease or injury incurred in or aggravated by service.
38 U.S.C.A. § 1110 (West 2002); 38 C.F.R. § 3.303 (2004).
Service connection may also be granted for any disease
diagnosed after discharge when all of the evidence, including
that pertinent to service, establishes that the disease was
incurred in service. 38 C.F.R. § 3.303(d).
[For] the showing of
chronic disease in service there is required a combination of
manifestations sufficient to identify the disease entity, and
sufficient observation to establish chronicity at the time,
[When] the fact of
chronicity in service is not adequately supported, then a
showing of continuity after discharge is required to support
the claim. 38 C.F.R. § 3.303(b).
In some circumstances, a disease associated with exposure to
certain herbicide agents will be presumed to have been
incurred in service even though there is no evidence of that
disease during the period of service at issue. 38 U.S.C.A.
§ 1116(a) (West 2002); 38 C.F.R. §§ 3.307(a)(6), 3.309(e)
(2004).
For the complete excerpt, please
click here
regarding "service-connection."
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Senator Akaka concedes * V.A. Policy
for Thailand Veterans
@ insufficient evidence
to claim Agent Orange Exposure
in Thailand !
* concedes very quietly October 6, 2008
Senator Akaka, Senior Senator
World War II Veteran from Hawaii
Chairman of the Committee on Veterans' Affairs
[is] in the news once more.
This time in defense of the V.A. Policy to deny direct exposure to herbicide agents in Thailand
to a huge class of Vietnam Era veterans: Thailand veterans. For the complete story,
including this advocate's rebuttal, click here.
re:
V.A. Benefits letter October 6, 2008 (FOUND May 20, 2009)
Write your Congressman or Senator please
and let them know how you feel
about this official policy of V.A.
concerning eligiblity of Thailand Exposure
for Thailand Veterans
that served during the Vietnam War.
Bulletin:
Senator Akaka introduces legislation to amend the
law on presumptive exposure during the Vietnam War in favor of the V.A. to affectively
void this 9th Circuit and other Board of Veterans Appeal Court rulings favoring veterans, eg, Haas,
affecting the disability rights of 832,000 vets (denied.)
Pending Senate Floor vote (to be published in its entirety later.)
Details
The V.A. couldn't win thru the courts, so they get a "friend" in Congress to legislate what they need to screw the vet.
For a Senator that is supposed to serve his constituents interest,
he sure has a funny way of doing it.
The main island of Oahu probably has more Navy personnel
than anywhere else in the United States and the world.
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VARO/ST PETERSBURG - FLORIDA MAKES ADMISSION
TO USE OF HERBICIDES IN THAILAND
@ USAF CHECO REPORT
AND JUSMAGTHAI MEMO!
AND, LIKE DOMINOES ..
ADMISSION OF
USE @ VARO/WACO - TEXAS TOO ...
GO TO OFFICIAL USAF CHECO
"SECRET" REPORT "BASE DEFENSE IN THAILAND"
Direct Causation in Thailand
for exposure to herbicide agents
This additional evidence is in response to the denial
of my claim on April 22, 2008.
In support of this response citing two distinct provisions in the law as they apply to service connection for exposure to herbicides in Vietnam and Thailand for "presumptive diseases." In my case, the primary disease considered presumptive in both Vietnam and Thailand based on the law and rulings of the Veterans Appeal Court, cited passage quoted and attached herein, is (primary) diabetes type II.
TODAY IN THE MILITARY
- CHEMICAL EXPOSURE
August 06, 2009
Army News Service by SSgt Jim Greenhill
Three former National Guard members told a Senate committee Monday they were exposed to a deadly chemical with long-term health effects while serving in Iraq.
Russell Powell, a former West Virginia Army National Guard staff sergeant; Rocky Bixby, a former Oregon Army National Guard staff sergeant; and Russell Kimberling, a former Indiana Army National Guard infantry company commander, are among hundreds of Guard members who were notified in letters earlier this year that they were exposed to sodium dichromate.
"Sodium dichromate is a deadly poison," said Dorgan, adding that up to 500 Soldiers were exposed."
"The chemical was popularized by the movie "Erin Brockovich," the story of the real-life exposure of California residents to the chemical in drinking water."
[Another story .. on drinking it.]
National Guard members from Indiana, Oregon, West Virginia and South Carolina were affected by the Qarmat Ali exposure. "They performed that mission admirably," Bayh said. "But, in a tragic irony, they were not kept safe by us."
The Soldiers who testified Monday said they laid down and slept on the chemical, breathed it during sandstorms, saw it on each others' food and used the bags as sandbags during weapons training.
The exposure of the Soldiers was brought to light by a KBR whistleblower last year, said Dorgan, who added, "the fact that a lot of people, including our troops, were exposed...is beyond dispute."
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"As a medic, had I known the true nature of the risk, I would have made sure that everyone had appropriate personal protective equipment."
"One thing that really bothers me is that this exposure was preventable," Bixby said. "I understand that KBR was responsible for the environmental assessment of the site and for clean up. They were paid for that work, and we were dispatched to guard and protect the KBR employees so that they could do their job.
"We could have used protective gear. ... When the war began, we were issued protective suits. If KBR had told us about the toxic nature of the chemical ... we would have used this protective gear."
Kimberling, who commanded Charlie Company, 1-152 Infantry, 76th Separate Infantry Brigade at Qarmat Ali, said he was told his men didn't need protective suits.
"At no time during our deployment were we told to wear face masks or chemical gear," he said. "When we were assigned to Qarmat Ali, KBR told us that according to their risk assessment, no personal protective equipment was necessary."
Guard members were reluctant to complain, Kimberling testified. "Anyone who has served...realized that an infantryman does not complain to the chain of command about bloody noses, or coughs, or what are seemingly minor ailments.
"This is a deployment to a desert region where you are told that it's likely that under normal circumstances you might suffer from a dry throat or maybe a nosebleed. You assume that if you are really in danger that you will be told or it will make it down the chain of command."
The first time Kimberling said he saw anyone use personal protective equipment was when his commander, Lt. Col. James Gentry, ordered him to escort Gentry and a group of civilians in August 2003. When they got out of their vehicles, the civilians donned white protective suits, Kimberling testified.
"They did not see fit to inform us...we should have been doing the same," he testified. "They did see fit to protect themselves."
Gentry is now in a hospice
with terminal lung cancer.
"Charlie Company was placed in harm's way as a result of war," Kimberling said. "To put us in further, unnecessary jeopardy was unconscionable."
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United States Army
Disgrace
As ordinary soldiers and airmen
uncover declassified govt documents
that reveal Agent Orange spraying
.. in Thailand,
army officers aware of such activities
are a disgrace to their uniform,
themselves, and the United States Army
and should resign their commissions.
As a "waling wounded," do not look to me for forgiveness.
Look to God, your savior (and, mine.) Amen.
Thailand Veterans Advocate
Veterans in the current system must file their disability claims without legal counsel.
As a (Thailand) advocate, we must display a front of solidarity and purpose these popular classic
songs demonstrate: (1) that we will be there for you, ie,
stand by you;
(2) it can be lonely, fighting these judicial battles, ie, the
"Neon Moon;"
(3) we shall
persevere, ie, "We are the champions"
and "Against the Wind"
.. a matter of attitude. ~ Franco
Stand by me ..
When the night has come
And the land is dark
And the moon is the only light we'll see
No I won't be afraid, no I won't be afraid
Just as long as you stand, stand by me
And darlin', darlin', stand by me,
oh now now stand by me
Stand by me, stand by me
If the sky that we look upon
Should tumble and fall
And the mountains should crumble to the sea
I won't cry, I won't cry, no I won't shed a tear
Just as long as you stand, stand by me
And darlin', darlin', stand by me,
oh stand by me
Stand by me, stand by me, stand by me-e, yeah
Whenever you're in trouble won't you stand by me,
oh now now stand by me
Oh stand by me, stand by me, stand by me
Darlin', darlin', stand by me-e, stand by me
Oh stand by me, stand by me, stand by me
Ben E. King
All lyrics are property and copyright of their owners.
All lyrics provided for educational purposes only.
Neon Moon ..
When the sun goes down
On my side of town
That lonesome feeling
Comes to my door
The whole world turns blue
There's a rundown bar
Cross the railroad tracks
Ive got a table for two
Way in the back
Where I sit alone
And think of losing you
I spend most every night
Beneath the light
Of this neon moon
If you lose your one and only
Theres always room here for
The lonely
To watch your broken dreams
Dance in and out of the beams
Of a neon moon
I think of two young lovers
Running wild and free
I close my eyes
And sometimes see
You in the shadows
Of this smoke-filled room
No telling how many tears
Ive sat here and cried
Or how many lies
That Ive lied
Telling my poor heart
Shell come back someday
Oh, but Ill be alright
As long as theres light
From a neon moon
If you lose your one and only
Theres always room here for
The lonely
To watch your broken dreams
Dance in and out of the beams
Of a neon moon
The jukebox plays on
Drink by drink
The words of every sad song
Seem to say what I think
This hurt inside of me
Aint never gonna end
Oh, but Ill be alright
As long as theres light
From a neon moon
If you lose your one and only
Theres always room here for
The lonely
To watch your broken dreams
Dance in and out of the beams
Of a neon moon
To watch your broken dreams
Dance in and out of the beams
Of a neon moon
To watch your broken dreams
Dance in and out of the beams
Of a neon moon
Brooks & Dunn
Send "Neon Moon" Ringtone to Cell Phone
We are the champions ..
I've paid my dues -
Time after time -
I've done my sentence
But committed no crime -
And bad mistakes
I've made a few
I've had my share of sand kicked in my face -
But I've come through
We are the champions - my friends
And we'll keep on fighting - till the end -
We are the champions -
We are the champions
No time for losers
'Cause we are the champions - of the world -
I've taken my bows
And my curtain calls -
You brought me fame and fortuen and everything that goes with it
-
I thank you all -
No pleasure cruise -
I consider it a challenge before the whole human race -
And I ain't gonna lose -
We are the champions - my friends
And we'll keep on fighting - till the end -
We are the champions -
We are the champions
No time for losers
'Cause we are the champions - of the world -
Send Ringtone to Cell Phone
Queen
Against the wind
It seems like yesterday
But it was long ago
Janey was lovely she was the queen of my nights
There in the darkness with the radio playing low
And the secrets that we shared
The mountains that we moved
Caught like a wildfire out of control
'Til there was nothing left to burn and nothing left to prove
And I remember what she said to me
How she swore that it never would end
I remember how she held me oh so tight
Wish I didn't know now what I didn't know then
Against the wind
We were runnin' against the wind
We were young and strong, we were runnin'
Against the wind
The years rolled slowly past
And I found myself alone
Surrounded by strangers I thought were my friends
I found myself further and further from my home
And I guess I lost my way
There were oh so many roads
I was living to run and running to live
Never worryied about paying or even how much I owed
Moving eight miles a minute for months at a time
Breaking all of the rules that would bend
I began to find myself searching
Searching for shelter again and again
Against the wind
A little something against the wind
I found myself seeking shelter against the wind
Well those drifter's days are past me now
I've got so much more to think about
Deadlines and commitments
What to leave in, what to leave out
Against the wind
I'm still runnin' against the wind
I'm older now but still runnin' against the wind
Well I'm older now and still runnin'
Against the wind
Against the wind
Against the wind
Still runnin'
I'm still runnin' against the wind
I'm still runnin'
I'm still runnin' against the wind
Still runnin'
Runnin' against the wind
Runnin' against the wind
See the young man run
Watch the young man run
Watch the young man runnin'
He'll be runnin' against the wind
Let the cowboys ride
Let the cowboys ride
They'll be ridin' against the wind
Against the wind ...
Send Ringtone to Cell Phone
Bob Seger & the Silver Bullet Band
12 years ago, I began one of the biggest fights of my life that lasted over 5 years.
It was a divorce from my second wife my junior of 16 years.
Yes -- I believed in living my fantasies, and now I can tell you that it ain't worth
(the battle) it. On the way to court, after months of preparation, I played
Queen's "We are the champions" over'n over, to get myself in the mood for victory.
I didn't lose; the marriage (in status only) was ordered, and the fight
over my accumulated assets went on for another 5 years until, yes, 9/11/2001.
So, you see -- there are some of us that remember that date for other personal reasons !
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Thailand Veterans Mistreated
by DOD/VA
|
Since Thailand veterans came to Thailand in 1961, their claims for distability
have been categorically
denied based on a list compiled
by the Department of Defense (DOD) referred to as the
"DOD List."
There is a contractor in Alexandria, Virginia responsible for updating
this list, and as a Thailand veteran, on October 11, 2007 I "blew the whistle" on
this ridiculous list informing them that "herbicides were used throughout Thailand
where U.S. personnel were assigned/stationed and this should be considered from
the task force days, and early construction of the camps and bases to the end of
the war and deactivation of military units in Thailand on or about 1975."
For background on these presumptions made by the DOD, see the
Article and then my
confrontation with Mr. Lylie Suprise, U.S. Army (Retired.)
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Thailand Veterans disability claims
denied @ DOD List
in the Board of Veterans' Appeals (DVA)
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Spraying
(Allegations) at NKP ..
See USAF CHECO Report TOC.
"[His] first allegation is that he was directly exposed to Agent
Orange - that operations into Laos and/or Vietnam were
conducted from NKP, that Agent Orange was
sprayed at NKP,
and/or that spraying in Laos along the Ho Chi Minh trail
exposed him to Agent Orange.
[However,] the
Department of Defense has issued a list of Agent
Orange test programs outside of Vietnam that includes tests
in Thailand from 1964-1965 and herbicide operations, to
include Agent Orange, in Laos from December 1965 through June
1967. Please see January 2003 letter from the Assistant
Secretary of Defense for Health Affairs to Dr. Susan Mather,
with attached documents. Particularly relevant here is the
documentation of spraying in Laos, but the records require
further review to determine the actual cities of the
herbicide operations and their geographic proximity to
NKP.
These past herbicide operations are precisely the type of
incidents that can be verified by historical records. Under
M21-1, Part VI, 7.20b(3): [deleted]
"This claim must be afforded expeditious treatment."
- Remanded/Denied
The year was 2005, the claimant obviously waited several more years to have his
"day in court,"
and because the (required) evidence is not yet declassified, the V.A. is not accountable.
The Unaccountable VA Party Line
The RO attempted to verify any exposure to herbicide agents,
including Agent Orange, that the veteran may have had.
Significantly,
in a letter from the Director, United States
Army & Joint Services Environmental Support Group (ESG),
dated in February 1993, the RO was informed that
a review of
available unit histories did not reveal the veteran’s
involvement with the use of Agent Orange in Thailand during
1968/1969.
"The ESG research indicated
that
herbicides were
not sprayed
near U.S. personnel in Thailand.
Further,
herbicides were only sprayed in Thailand for test purposes in
the early and mid 1960’s
in remote jungle areas.
There was also no record of the veteran’s
involvement in Operation Ranch Hand,
the aerial spraying of the herbicide by U.S. personnel."
Hello!
Involvement???
Oh, he wasn't exposed unless he held the nozzle??? .. was pee'd on?
.. was "soiled"? .. a pair of boots eatin'through.
Is this V.A./DOD mumbo-jumbo for legaleze, ie, saying
something and meaning something else? Well, at least,
we have resolved the issue
of "use of herbicides in Thailand, on all U.S. occupied installations; on or around," per directive
of the State Department and U.S. Embassy in Bangkok, Thailand, ROE Directive
in Policy Memo
recently declassified (3 Dec 07), ie, Directive J, approving of such spraying; see below.
"..identified American bases in Thailand
where Agent Orange was used ..."
Deputy Secretary for the V.A. and Co-Chair for DOD/VA Senior Oversight Committee
Vietnam Veterans of America
Agent Orange
Veterans
and Survivors
Guide
11-13-09 BVA Hearing Stipulations were made to tell
the presiding judge that this appellant knows what he is talking about, where even the VVA doesn't
seem to get it -- the DOD list is tests programs and not operational use.
For the entire BVA FAX BRIEF or background info.
U.S. Army
Camp
Ruam Chit Chai
U.S. Personnel
Source: Office of Secretary of Air Force, Colonel F. Scott Boyd
Programs and Legislative Division; Office of Legislative Liaison
June 30, 2005 in a letter to Congressman Lane Evans, Veterans Advocate
Source Claim:
9716718 (Remanded) AMC *
The Appeals Management Center function is to expedite remanded claims
which under the circumstances seems like a contradiction
.. the V.A. "black hole" .. never to be seen or heard from again.
|
".. on or around U.S. occupied installations"
-
JUSMAGTHAI * Mission Policy on Base Defense Memo
(Declassified 3 Dec 2007)
* Joint United States Military Advisory Group [, Thailand]
and
United States Military Assistance Command, Thailand
(USMACTHAI)
What drums???
What the heck are you talking about???
.. oh .. those drums ... <bg>
"herbicides were not sprayed
near U.S. personnel
in Thailand."
- United States Army
& Joint Services
Environmental
Support Group
To learn more how the ESG/DOD for 40 years
have been screwing Thailand veterans
(with the auspices of the V.A., of course.)
click here.
|
Like the Secret War waging in both Laos and Cambodia from bases, or "Lima Sites"
of the CIA, ROE (Rules of Engagement) for the "soil sterilization" or "defoliation"
operations "conducted" at all U.S. occupied installations were approved by
the U.S. Embassy in Bangkok, or in the case of the Secret War, the U.S. Consulate
in Vientiane, Laos. See
Photo Gallery.
Source: Policy Section #J
Background
VARO/WACO Admission *
* And, in the VARO attempt to limit the scope of liability in disability benefits to
all Thailand veterans, the award was granted to sentry-type personnel and/or security
police with dogs (handler.) The only problem with that "abuse of authority"
is it wasn't only the perimeter, ie, "around," but "on" the bases and even if it was
only the perimeter areas, every (U.S.) personnel must pass through the base gate
which traverses any perimter! Link for more on:
Use of Herbicides in Thailand.
| |
Thailand Vets .. Trilogy of Hypocrisy
|
Now, some 40 years later, Thailand veterans have died, and
their widows, dependents, and family did not receive either compensation, or
recognition that they were a casualty of the Vietnam War. Others,
like myself are dying, deprived of compensation to be able to lead a reasonable
life of dignity with our heads up high in pride of military service.
This miscarriage of justice,
or attrocity of justice,
or "justice delayed," or "justice denied" is a direct
result of the intent of the V.A., first and foremost and the DOD to deny compensation
and recognition of "service connection" to those that served in Thailand during
the Vietnam War. Our names deserve to be etched in The Wall of
the Vietnam War Memorial in Washington, D.C. -- not some "disabled veterans
(proposed) monument." We want history to recognize our sacrifice
and the only place that that would be possible is The Wall.
I (We) can live with being treated as if we were "second-class citizens" by the
V.A. business offices and their Fee Basis department where because we are not
considered "service connection," we are warned that our regular trips to
hospital emergency rooms for our medical complications directly related to
our military service may not be reimbrused by the VA, or when we are hospitalized
for more serious incidents. My kidney dialysis weekly treatments
are scrutinized with requirements (because it is not "service connection" of
a VA renal physician "sign off" that my condition hasn't changed.
Changed?! Give me break, won't you?
re: Treated with dignity
Veterans, like myself, with permanent conditions; 100% disabled are treated with
dignity. First of all, for our medical needs outside the VA Healthcare
System, we are provided with a credit card-like card from this Fee Basis department
which we would present to any healtcare provider, emergency or otherwise, to insure
that they will be paid by the U.S. government.
In most instances, cases of advance stages of the progression of our medical
condition, the veteran will receive a "benefits card" which identifies him
and like any military retiree or theirs dependents, would be able to use
the facilities at any military installation, worldwide! Many
states, like mine - Nevada, have also significant monetary benefits to a
veteran that his disability is rated at 60%, or more. Right
now, (the past 4 years,) I have missed out on almost $5,000 that could have
been used to pay my DMV fees, or proprty taxes; sliced'n diced to meet my
personal needs. We all thank you very much.
|
Congress Representatives
in support of veterans' issues
Note: on this link you will find recognition statements
and a list of members of the House and Senate Veterans Affairs Committees
|
|
Get a Report Card on your Congressman
Vote Smart:
Write your
Congressman;
Senator * -
Ask them to answer the following questions:
1_ Why is the V.A. not accountable for judicial protocol, ie, due process?
2_ Why did Congress allow the V.A. grace on interest and penalties?
3_ Why are veteran claimants treated as frauds?
4_ The V.A. has an army of attorneys, why isn't a claimant afforded the same rights to legal counsel?
5_ How is it that the government is
above the law in judicial discovery when it comes
to a classified document from the war 35 years ago? See
VCAA/2000 about "Duty to assist."
6_ The rulings of the Board of Veterans Appeal Court, why are they not integrated into
(adjudication) policy? IOW,
"Benefit of the Doubt", a doctrine
introduced to replace a so-called "well-grounded" claim ...
7_ Thailand veterans are afforded the same rights under
"presumptive diseases" in exposure
to agent orange and other herbicides, why is the claimant pressed for evidence as to service
connection? See
Direct Cause provisions by law and a recent
Okinawan veteran ruling
regarding "presumptive diseases" provision coverage acknowledgment.
|
|
* You do not have to be a soldier or veteran to write.
- a "concerned citizen" will do!
|
Write to your favorite local newspaper editorial staff, or one of these fine national editions:
Associated Press
L.A. Times
Las Vegas Sun
New York Times
Phoenix News
San Francisco Chronicle
Washington Post
CNN Cable News Channel -
Lou Dobbs
Cafferty File
|
|
GO TO PREFACE
GO TO VBA SITE MAP
GO TO FRANCO'S HEALTHCARE HEROES @ VA MAP
Pro-Bono Law Firms
.. Take care of our own
Accreditation Search @ VA Site for a
Service Officer to file your claim
From "Les Miserables," the book by Victor Hugo ~
(To paraphrase Inspector Jabert)
"Society turns its back on two kinds of people.
Those who violate it (the criminals,)
and those who protect it (the military and the police.)
Credits: Army Major Floyd McGurk, US Army (15.5 years)
Served in Thailand and Vietnam, Corps of Engineers
W/pride, two sons (Marshall and Stewart) West Point graduates
Both now serving in Iraq, Class of 2005 (Marshall) 2nd Tour
1LT Floyd McGurk, CE
HHC 44th Engr Grp
C.O. - 528th Engineer Detachment
Camp USARTHAI, Korat, Thailand (1964)
Click on Floyd's photo for the group of cads
The cads (or cadre) with him are:
2LT "Mac" - some sort of X.O. or payroll clerk
(the one in the middle wishing us all well)
and another (overpaid) officer smoking a pipe
|
Reform of the V.A. -- What reform?!
Like myself, many veterans are treated as second class citizens *
because they are not considered service connected conditions.
Veterans Claims Assistance Act of 2000
As signed into law by President Clinton
on November 9, 2000 before leaving office
and establishing a legacy as a veterans' advocate
* Without Fee Basis Automatic Approval, hospital bills come to me,
and then I am hasseled for months by collection agencies.
Introducing
The "Benefit of the Doubt" Doctrine
38 U.S.C.
§ 5107 Claimant responsibility; benefit of the doubt
The cover-ups, lack of reform,
the need for organizational changes,
abolishment of the regional office concept
is crucial for all disabled veterans.
The (Appeal) Court mouths the doctrine
over'n over with many instances sounding political
versus judicial in nature.
Battle Plan
Today, many veterans have been denied their right to disability compensation
and the V.A. does nothing to really assist claimants in filing their claims
with proper discovery where possible.
The V.A. must be recognized for what they are, a fraud!
The DOD must be recognized for what they are,
holders of the evidence for Thailand veterans
that served from 1961 to 1975 in Thailand.
U.S.C. TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES CHAPTER 101 - RECORDS AND REPORTS
§ 2701 Concealment, removal, or mutilation generally
U.S.C. TITLE 44 - CHAPTER 31 § 3106 (Obligations of Agency Secretary)
§ 3106 Unlawful removal, destruction of records
..for further reading on the law @ USC Guide
Claim Supporting Documents
Preparing for denial and the appeal process.
Thailand vets for equal treatment ..
To be continued ..
Presumptive
and
Direct Cause
Outside Vietnam Rulings -
Presumptive Diseases
Other Citings
Warning: V.A. Regional Offices
have been found to attempt to change
effective date of claims!
See my NOD notes for
details.
VA claims can take years to adjudicate. When the adjudication is found for the veteran,
the VA makes a retroactive payment from the date of the initial claim filing.
For veterans who had not retired from military service, that meant that they received a
significant amount of non-taxable cash. However, retired military had their VA compensation
withheld, up to the amount of retired pay they had already received. This was particularly
significant prior to enactment of Concurrent Retirement and Disability Pay (CRDP) in 2004.
After the retired veteran had received his or her letter from DVA, they could then
file an amended return for the affected years, deducting the amount of withheld
VA compensation from a particular year's total taxable income and generally receive additional
Federal income tax refunds - plus interest! Additionally,
the veteran could also amend their state income tax returns.
[Source: Public Law No: 110-245 Mar 09 ++]
|
Apocalypse Still from Mother Jones site
Deadly Defoliants (Background on the various toxin herbicides)
AO was tested in the only rain forest in the US that is a national park.
That is El Yunque Nat'l Forest in PR. Before they tested AO, they tested
radio isotopes in El Yunque in the 40s with disasterous results.
The USAF is never going to release info on the bases in Thailand even
though it should not have been classified after the mid-1970s, three plus
decades ago. And there is no rationality for the USAF's doing what they're
doing.
- Army Engineer Officer that served in both Vietnam and Thailand
It's gotta be an election year ... and me, thinking it was 2008.
![AGENT ORANGE EQUIT BILL OF [YEAR TO BE DETERMINED]](images/agent-orange-equity-bill.jpg)
Agent Orange Equity Act of 2008
/slash one/
Agent Orange Equity Act of 2009
/slash two/
.. is 2010 next? .. the saga continues,
and more patriots die from Agent Orange each day
or, are humiliated with loss of integrity and financial support.
Vietnam Service Medal
Date Criteria
7/4/65 - 3/28/73
|
Vietnam Campaign Medal
Eligibility
|
Armed Forces Expeditionary
Medal / Vietnam
before July 4, 1965
1/9/62 * - 7/3/65
* Agent Orange exposure
|
VSM Executive Order 11231
Establishing the Vietnam Service Medal
Signed: July 8, 1965 by Lyndon B. Johnson See 1965 Federal Register
Federal Register page and date: 30 FR 8665; July 9, 1965
Terminal date for receiving the medal was set as March 28, 1973, by the
Secretary of Defense in a memo (DOD Instruction 1348.15) dated January
26, 1973. A soldier serving in Vietnam after that date was not eligible
for the medal.
|
p.s. according to the Executive Order,
an amendment (Equity Act) based purely on the VSM
is inadequate; requiring AFEM/Vietnam* (front) and date (1975) to end...
I must be dreamin .. nothin is going to happen this year,
or next! re: period beginning on January 9, 1962, and ending on May 7, 1975
* AFEM/Vietnam @ 01 Jul 58 - 03 Jul 65
These men answered the call to duty and served may be so you wouldn't have to ..
Don't they deserve some consideration and financial support and resting place
-- better than the streets?!
Please .. tell your Congressional delegation you support legislation to help such vets
live a reasonable style of life with such comforts as a bed to sleep in, 4 walls and warm
meals -- not from discarded garbage. Thank you.
We know that man was not created equal
and that some are better than others.
Nourishment (and fulfillment)
begins with the basic necessities;
coupled with vocational training to become independent
and, no longer a welfare burden on society.
God bless and keep you and yours from harms way.
|
Sunday December 6, 2009
VA Watchdog Series
Part 2 of a Tribune investigation finds that for many U.S. veterans, the bureaucratic fight to be compensated for health problems linked to Agent Orange amounts to a new and unexpected war, long after the shooting ended overseas.
Jack Cooley delivered his final argument in a long, distinguished legal career from a hospital bed.
Four months before succumbing to multiple myeloma, the Chicago-area Vietnam veteran and federal magistrate judge wrote a 140-page claim for justice and filed it with the U.S. Department of Veterans Affairs. Cooley's message to the government was personal and direct: Agent Orange is killing me, and you need to take responsibility.
Cooley didn't know it last spring, but when the former Army artillery captain filed his disability claim, he was just entering a maddening bureaucratic maze many veterans know well. The VA would kick back Cooley's claim after a month, saying he lacked the required proof he'd served in Vietnam.
November 20, 2009
3 New Presumptive Diseases Stay by BVA
VA Stay Directive @ C&P
/s/ Bradley G. Mayes FL = Fast Letter
Interesting .. Congress intent on passing subjective eligibility legislation @ VSM and these stay(s) ...
More than 200 Members of Congress Agree: Agent Orange Veterans Deserve Compensation for Their Sacrifice!!
Rep. Bob Filner, Chariman V.A. Committee:
Contact Kristal DeKleer at (202) 225-9756.
“Republicans and Democrats alike have joined together to stand up for Agent Orange veterans.
More than 200 Members of the House of Representatives have added their support for H.R. 2254,
a bill to expand the eligibility for presumptive conditions to all combat veterans of the Vietnam War,
regardless of where they served. Current law requires VA to provide care for service members
exposed to Agent Orange by virtue of their ‘boots on the ground,’ but ignores veterans that served in the
blue waters and the blue skies of Vietnam. H.R. 2254 will provide veterans with benefits based
on their exposure to Agent Orange regardless of an arbitrary geographic line or location.
These are benefits that they have earned, yet the Department of Veterans’ Affairs
illogically refuses
to acknowledge them.
Time is running out for these Vietnam veterans. Many are dying from their Agent Orange
related diseases, uncompensated for their sacrifice. 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 served.
There is still a chance for America to meet its obligations to these estimated 800,000 noble veterans.
The courts have turned their backs on our veterans, but I believe this Congress
will not allow veterans to be cheated of their earned benefits. I would like to thank
the more than 200 Members of the House who have bravely joined the fight to stand up for the rights
of Agent Orange veterans. I also urge Senators to cosponsor S. 1939,
Senator Gillibrand’s companion legislation."
-- Rep. Bob Filner, Chairman of V.A. Committee
House of Representatives
United States Congress
Senator Kirsten Gillibrand introduced legislation this week in the Senate
to cover Navy, Air Force and other personnel who came into contact with Agent Orange at sea
or while loading aircraft used to deliver it.
Veterans who received the Vietnam Service Medal or the Vietnam Campaign Medal
automatically would be covered.
An identical bill introduced in May in the House has 180 sponsors, including New York Reps. John Hall, D-Dover, Eric Massa, D-Corning, Mike Arcuri, D-Utica, Brian Higgins, D-Buffalo, Louise Slaughter, D-Fairport, Maurice Hinchey, D-Hurley, and Nita Lowey, D-Harrison.
Gillibrand said she became aware of the issue from a veterans' advisory committee she set up while serving as a House member representing the Hudson Valley.
"These veterans are being treated very poorly,'' she said.
Passage of the legislation - which would increase the VA's health care costs - may be difficult.
Recent scientific findings, such as a study this year by the Institute of Medicine, have added to the large body of evidence that exposure to Agent Orange increases the risk of health problems such as heart disease or Parkinson's.
New York's junior senator also has introduced another bill, the Agent Orange Children's Study, that would require the VA to examine the possibility that chronic illnesses such as multiple sclerosis and asthma in children can be traced to their parent's exposure to Agent Orange
Senator Gillibrand's S. 1939, identical to Rep. Filner's H.R. 2254,
will resolve VA's discriminatory "boots on the ground" premise.
Senate Bill
See Thai Vet Feedback
AGENT ORANGE EQUITY ACT OF 2008 /dead .. now/ 2009
2008 DID NOT GO ANYWHERE
May 5, 2009:
Mr. FILNER (for himself, Ms. CORRINE BROWN of Florida, Mr. KAGEN, Mr. LATHAM, Mr. ROE of Tennessee, Ms. BORDALLO, Mr. HALL of New York, Mr. KENNEDY, Mr. REYES, Mr. PASTOR of Arizona, Mr. ORTIZ, Ms. LORETTA SANCHEZ of California, Mr. MICHAUD, Mr. TIM MURPHY of Pennsylvania, and Mr. PLATTS) introduced the following bill; which was referred to the Committee on Veterans' Affairs
Navy Cover-Up
2009 AMENDMENT
Tracking H.R. 2254
SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED IN THE VICINITY OF THE REPUBLIC OF VIETNAM.
(a) Clarification- Section 1116 of title 38, United States Code, is amended--
(1) in subsections (a)(1) and (f), by striking `a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975' and inserting `a veteran described in subsection (g)'; and
(2) by adding at the end the following new subsection:
`(g) A veteran described in this subsection is a veteran who--
`(1) during active military, naval, or air service--
`(A) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period beginning on January 9, 1962, and ending on May 7, 1975; or
`(B) served in Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or
`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect as of September 25, 1985.
A BILL (in 2008)
To amend title 38, United States Code, relating to presumptions of exposure for veterans who served in the vicinity of Vietnam.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Agent Orange Equity Act of 2008'.
SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR
VETERANS WHO SERVED IN THE VICINITY OF VIETNAM.
Effective on and after September 25, 1985, subsections (a) and (f) of section 1116 of title 38, United States Code, are each amended by inserting after `Republic of Vietnam' each place it appears the following: `including the inland waterways of such Republic, the waters offshore of such Republic, and the airspace above such Republic'.
What is being changed in the bill amendment?
Inclusion of all navy personnel that served offshore and in the inland
waterways (that by chance, never set foot on land.)
Anyone else being affected?
Yes, anyone that served in the airspace above Vietnam, aka Republic of Vietnam.
Does that mean if I wasn't in the navy either offshore or inland waterways,
it doesn't help my claim? I understand that this amendment
will do away with the VA policy of having "set foot on Vietnamese soil" to be
considered service connection and the presumption of exposure to herbicides.
You are not listening. "[the] airspace above such Republic." and
that served (aka worn the uniform .. you did didn't you?) Unless you
came to Thailand, or Laos, or Cambodia via Singapore and flew in a straight path
across the Gulf of Siam into Don Muang or anyone of a half dozen military airbases,
you had to fly "in the airspace above Vietnam" -- you sure the hell didn't come on
a pleasure cruise; you were in uniform, serving your country.
Background on Vietnamese airspace: During the Vietnam war, many
Thaland veterans reenlisted in the "airspace above Vietnam" giving them a
combat zone
("CZ") tax exemption. I wanted to do that in 1974,
but it was too late. Also, you should have received a tax
exemption for just flying over Vietnam in recognition of the borders of the
combat zone
having been intruded.
Defining "served in Vietnam" per CFR:
Sec. 3.313
Claims based on service in Vietnam.
(a) Service in Vietnam. Service in Vietnam includes service in
the waters offshore, or service in other locations
if the conditions
of service involved duty or visitation in Vietnam.
Hold on! Wait just a damn minute ...
I flew over Vietnam ("the airspace above") and served "in other locations," and
it is then considered service connection for exposure to herbicides?
Yes Per the Equity Act amendment, the criteria of
"stepping foot in Vietnam [or] Vietnamese soil" is history.
Did Congress screw up?
We know damn well that they were attempting to pacify the
"navy community" and rectify, or at least, fix a major injustice.
Because of the intricacy of the "woven fabric" of
the (verbose) nature of the government lawyers, well, they can
replace all over the provisions of law, and the federal regulations,
and unless they really show their "hand" and desire to limit the
liability, Congress ain't gonna do a thing .. except pass this bill
amendment. Don't look for Thailand, Laos, or Cambodia
to be mentioned -- we are accounted for as "other locations" .. that we
served in and while intransit; flying over 'Nam, we now qualify
under the new definitions of the law.
Editorial: If you did stop in Vietnam, ie, TSN, you should
still file your claim for "boots on the ground." For more on the
various supporting statements and attachments of supporting evidence, please go
to Claim Supporting Documents.
All Thailand veterans should take the time to understand the
law, especially Sections 1110 and 1116 of Title 38 U.S.C.
Under the provisions of "direct cause" or "direct causation," -- especially
those from 1968 to 1972. As more evidence is uncovered of the
government wrong-doing, you will find it here.
To get started, please turn to
Direct Cause vs. Presumptive. It will be an eye-opener!
Denials and Appeals (Remanded or Disapproved)
Effective 25 Seo 85, all such claims that would be affected by this amendment
should be granted -- including those remanded back to the regional office and/or
AMC (Appeals Management Center.)
It's like the Haas fiasco, only bigger.
AGENT ORANGE EQUITY: On 23 JUL House Veterans' Affairs Committee
Chairman Bob Filner (D-CA) held a press conference to announce the
introduction of H.R. 6562, the Agent Orange Equity Act of 2008.
The bill restores equity to all Vietnam veterans that were
exposed to Agent Orange. It would clarify the laws
related to VA benefits provided to Vietnam War
veterans suffering from the ravages of Agent Orange exposure.
From 1991 to 2002, the VA granted hundreds, if not thousands of disability claims
filed by Navy blue water veterans suffering from one of the many diseases
that VA recognizes as related to Agent Orange exposure.
These benefits were awarded based on VA rules providing that service in
the waters offshore Vietnam qualified the veteran for the presumption of exposure
to Agent Orange. In FEB 02 VA did an about face and
required veterans to have 'actually served on land within the Republic of Vietnam.
to qualify for the presumption of exposure to' Agent Orange.
As a result, all pending and new disability claims filed by Navy blue water
veterans for an Agent Orange-related disease were denied unless there was proof
that that the veteran actually set foot on Vietnamese soil.
In addition, the VA began to sever benefits that had been granted to Navy
blue water veterans prior to the 2002 change in VA rules.
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 8 MAY,
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.
If enacted 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. It 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. Chairman John Hall
who leads the Subcommittee on Disability Assistance and Memorial Affairs,
the subcommittee with jurisdiction over these issues 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."
[Source: HCVA Bob Filner News 23 Jul 08;
Army Times 24 Jul 08;
HR Bill Full Test]
Editorial:
Under the existing direct cause provisions of the Title 38, it is not necessary
to introduce new legislation to enforce justice for Thailand veterans.
The only thing that is necessary is "a set of balls."
The DOD/VA have denied disability for service-connection to Thailand veterans for
some 40 years now and many have died waiting, trying and their widows have suffered
the shame of poverty only because their spouses chose to serve our country in an
unpopular war. Ask Cheney -- it seems his personal schedule was full
at the time with five (5) deferments.
Agent Orange Equity Act of 2009 (Introduced in Senate)
S 1939 IS
111th CONGRESS
1st Session
S. 1939
To amend title 38, United States Code, to clarify presumptions relating to
the exposure of certain veterans who served in the vicinity of the Republic
of Vietnam, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 27, 2009
Mrs. GILLIBRAND (for herself, Mr. SPECTER, Mr. SCHUMER, Mr. TESTER, and
Ms. LANDRIEU) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to clarify presumptions relating to
the exposure of certain veterans who served in the vicinity of the Republic
of Vietnam, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Agent Orange Equity Act of 2009'.
SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED
IN THE VICINITY OF THE REPUBLIC OF VIETNAM.
(a) Clarification- Section 1116 of title 38, United States Code, is amended--
(1) in subsections (a)(1) and (f), by striking `a veteran who, during active
military, naval, or air service, served in the Republic of Vietnam during
the period beginning on January 9, 1962, and ending on May 7, 1975' and
inserting `a veteran described in subsection (g)'; and
(2) by adding at the end the following new subsection:
`(g) A veteran described in this subsection is a veteran who--
`(1) during active military, naval, or air service--
`(A) served in the Republic of Vietnam (including the inland waterways,
ports, and harbors of such Republic, the waters offshore of such Republic,
and the airspace above such Republic) during the period beginning on January
9, 1962, and ending on May 7, 1975; or
`(B) served in Johnston Island during the period beginning on April 1, 1972,
and ending on September 30, 1977; or
`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
as of September 25, 1985.
-------------------------
Agent Orange Equity Act of 2009 (Introduced in House)
HR 2254 IH
111th CONGRESS
1st Session
H. R. 2254
To amend title 38, United States Code, to clarify presumptions relating to
the exposure of certain veterans who served in the vicinity of the Republic
of Vietnam.
IN THE HOUSE OF REPRESENTATIVES
May 5, 2009
Mr. FILNER (for himself, Ms. CORRINE BROWN of Florida, Mr. KAGEN, Mr. LATHAM,
Mr. ROE of Tennessee, Ms. BORDALLO, Mr. HALL of New York, Mr. KENNEDY,
Mr. REYES, Mr. PASTOR of Arizona, Mr. ORTIZ, Ms. LORETTA SANCHEZ of California,
Mr. MICHAUD, Mr. TIM MURPHY of Pennsylvania, and Mr. PLATTS) introduced the
following bill; which was referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to clarify presumptions relating to
the exposure of certain veterans who served in the vicinity of the Republic
of Vietnam.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Agent Orange Equity Act of 2009'.
SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED IN
THE VICINITY OF THE REPUBLIC OF VIETNAM.
(a) Clarification- Section 1116 of title 38, United States Code, is amended--
(1) in subsections (a)(1) and (f), by striking `a veteran who, during active
military, naval, or air service, served in the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7, 1975' and inserting `
a veteran described in subsection (g)'; and
(2) by adding at the end the following new subsection:
`(g) A veteran described in this subsection is a veteran who--
`(1) during active military, naval, or air service--
`(A) served in the Republic of Vietnam (including the inland waterways, ports,
and harbors of such Republic, the waters offshore of such Republic, and the
airspace above such Republic) during the period beginning on January 9, 1962,
and ending on May 7, 1975; or
`(B) served in Johnston Island during the period beginning on April 1, 1972, and
ending on September 30, 1977; or
`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect as of
September 25, 1985.
Thai Vet Feedback
From: RetAirForceMan@aol.com [mailto:RetAirForceMan@aol.com]
Sent: Monday, July 13, 2009 2:07 PM
To: mar_vic_cagurangan@yahoo.com; Senator_McCain@mccain.senate.gov;
theresa.kennedy@mail.house.gov; durrin@alltel.net; RevDayle@Netsync.net;
cyoung@senate.state.ny.us; chiefbmur@mindspring.com; colonel-dan@sbcglobal.net;
Barker, Dave (Chilli.OH); davny@optonline.net; editorial@observertoday.com;
editorial@erietimes.com; JIMCAMVICKERS@aol.com; Violante, Joseph;
Kawika_Riley@VETAFF.SENATE.GOV; LMichel@buffnews.com;
tfulcher@wgrz.gannett.com; Tom.Foster@hilton.com; trzepka@observertoday.com
Cc: Carriagehousegrl@aol.com
Subject: Guam and Agent Orange, Agent White and other herbicides VA acknowledgement
To all, this was recently sent to me which should give congress and the VA more reason
now then ever to reverse all denied decisions for veterans for Agent Orange,
Agent White and other herbicides exposure on Guam. As I have stated many, many times
since 1988, I personally was ordered to prepare, mix and apply these herbicides on
Anderson AFB and the cross country pipleine to include all fuel tank farms and
transfer booster pump stations along the way to the Naval Fuel Supply Depot in Agana Guam.
I would like to get a reply to this email and to see Congress and the State of New York
issue laws concerning this issue to remand all negative denied claims back to the VA to
approve all denied claims for exposure to these life threatening chemicals immediately.
As you read below, you can clearly see what these denials caused in disabled veterans'
lives over the last 20 to 40 years which clearly affected us emotionally, financially
and phsycially while we died off and have suffered for many, many years. As you can
clearly see, disabled veterans are also uninsurable because we could die any minute
of any day from the complications of these deadly chemicals which we were exposed to.
Won't you help us please?
Message sent to the following recipients:
Senator Gillibrand
Senator Schumer
Message text follows:
MSGT LEROY FOSTER, RET.
7524 E MAIN ROAD RTE 20
WESTFIELD, NY 14787-9663
July 8, 2009
[recipient address was inserted here]
[recipient name was inserted here],
SENATOR SCHUMER AND SENATOR GILLIBRAND, PLEASE SUPPORT THIS BILL WHICH
WOULD HELP OUR NATIONS ACTIVE DUTY AND MILITARY EXPOSED TO HAZARDOUS
CHEMICALS, RADIATION, AGENT ORANGE, AGENT WHITE, ETC. I PREPARD, MIXED
AND SPRAYED AGENT ORANGE AND OTHER HERBICIDES ON ANDERSON AFB PROPER AND
THE ENTIRE LENGTH OF THE CROSS COUNTRY PIPELINE SPANNNG THE ISLAND. I AM
DYING NOW FROM IT. ONLY VIETNAM IN COUNTRY VETS ARE GIVEN SERVICE
CONNECTION I WAS NOT DURING THE VIETNAM WAR.
'A bill to require the Secretary of Defense to establish registries of
members and former members of the Armed Forces exposed in the line of duty
to occupational and environmental health chemical hazards, to amend title
38, United States Code, to provide health care to veterans exposed to such
hazards, and for other purposes.' Bill # S.642
Original Sponsor:
Evan Bayh (D-IN)
Cosponsor Total: 7
(last sponsor added 04/01/2009)
6 Democrats
1 Republicans
About This Legislation:
A bill to require the Secretary of Defense to establish registries of
members and former members of the Armed Forces exposed in the line of duty
to occupational and environmental health chemical hazards, to amend title
38, United States Code, to provide health care to veterans exposed to such
hazards, and for other purposes.
Detailed, up-to-date bill status information on S.642.
|
Pro-Bono Law Firms
LEGAL HELP FOR VETERANS . COM
Mr. Picchione - we are familiar with your situation. Please fax us the
April 11, 2008 denial and any NOD that you have filed. We will then review
and determine if we can help you as we are doing for over 400 veterans from
around the country that honorably served their country and are now being
treated as second class citizens.
|
James G. Fausone
Legal Help for Veterans
41700 West Six Mile Road,
Suite 101
Northville, MI 48168
|
Phone: (248) 380-0000
Fax: (248) 380-3434
Toll-free Phone Nos.
Phone: (800) 693-4800
Fax: (866) 606-8496
|
Franco, for anyone's information this is the attorney that contacted me through
U of D Mercy.
I was contacted by school for follow up and was told that this is an outstanding attorney.
I taked with Mr.Vopat on phone and he told me that he is very interested in helping me. Some that want to talk
to him should do so @ 516-804-3524
or longislandlawyer@yahoo.com,
Bellmore,NY 11710.
Thanks,
David Adkison
|
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provide advice only. It is up to you to decide whether you agree with and/or act
on these suggestions. Advocates, unless otherwise explicitly stated,
are not attorneys of law and not licensed to practice law under any conditions.
If you need an attorney, please check your telephone book yellow pages.
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without profit to those who have expressed an interest in receiving the included information for educational
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If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use',
you must obtain permission from the copyright owner.
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click here.
The information provided on this website is intended for general information only and does not constitute legal advice. Responses to e-mail inquiries are, of necessity, rather generalized in that each case involves specific facts and circumstances that must be ascertained from military and VA records before a competent legal analysis is rendered. Legal representation of your claim is commenced only upon the execution of a legal retainer agreement that has been signed by both parties.
I'm sorry folks, you'll have to excuse me
-- before I puke !!!
Franco
Email:
THAI-VET@GMX.COM
|
Korat '68
@ 21 Mother's Day
"Buk" Frank
Vet Advocate
Email:
THAI-VET@GMX.COM
Selecting a VSO
(for representation)
USARPAC Hqs '76
With my mentor
- Lorna LY Yee
- Las Vegas -
Franco - Today
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Qui Nhon to An Khe
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Mailing Address:
Frank Picchione
8613 Freeport Ln
Las Vegas, NV
89117-5566
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Support your
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please.
Disclaimer:
Representation
by VSO Reps
Only
Counselors
can only offer
free advice
based upon
experience.
The Forgotten
Servicmen
(Offshore)
Claims :
"Getting Started"
Filing a Claim
Claim Supporting Documents
Thailand Vets ..
plan for denial
(and appeal)
Thailand - Agent Orange
Photo Evidence
USARSUPTHAI
Notice: command patch
may be worn as
"Combat Unit"
on Class A Uniforms
USARSUPTHAI
U.S. Army Support,
Thailand
Effective 1 October 1992,
AR 670-1,
Ch. 28, Para. 17, b (3) authorized
service members stationed
in Thailand,
Laos or Cambodia to wear
the distinctive unit insignia
on the right sleeve of
their military uniform
(combat patch).
This is good news for those
who are still on active duty.
Source:
519th Tiger Pawz
Award Authority
for VSM/VCM in Thailand
AR 600-8-22, Ch. 9, Para 19
Vietnam Service Medal
Date Criteria
Vietnam Campaign Medal
Eligibility
Meritorious
Unit Citation
Cross of Gallantry
Purple Heart
Awarded for wounds/death
Not for Agent Orange
Or, inclusion in
Vietnam Memorial
(The Wall)
Armed Forces
Expeditionary
Service
Medal
AFEM History
Vietnam
01 Jul 58 - 03 Jul 65
(AFEM earned for Vietnam service
prior to 04 Jul 65
may be exchanged for
Vietnam Service Medal (VSM),
but may not revert back to AFEM)
Other Awards - N/A
Laos
19 Apr 61 - 07 Oct 62
Cambodia
29 Mar 73 - 15 Aug 73
Thailand
29 Mar 73 - 15 Aug 73
(Only in 'Direct Support' of Cambodia)
Operation
EAGLE PULL
[Cambodia]
11-13 Apr 1975
Operation
FREQUENT WIND
[Evacuation of Saigon]
29-30 Apr 1975
"Waging War
against the VA"
"All advocate services
our provided
to veterans
free of charge"
Legal Precedence
Definition
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"Well-Grounded"
Claims
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Forum
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Franco Brand Bull
If you do not see
the Superman logo,
you can not be sure
whether you have
genuine (Franco) bull.
This is by no means an official VA website. You get honesty and things you can use here.
"Claims Fixers"
Thailand Vets
Do not expect any more than a "rubber stamping" of your claim
as my experience has been these VSOs do not "exert" * themselves
on your behalf.
* "Exert" is a polite way of saying: "Looking past their nose."
You can present "CZ" pay vouchers, legal precedence, be reviewed for
administrative errors and you will still have to appeal to the court.
|
| | |
40 years of denial ..
Direct Cause: exposure to herbicide agents (AO/Agent Orange)
© Shit -
All material on this website is written
.. in the beggining, there was a Joint Task Force
(JTF 116)
Vietnam
Folks,
Okay, suggestions? (1) Get rid of all adjudicators with tenure; and/or over 2 years
at the position, (2) Consider summary review if initial claim denied
and pending potential appeal, ie, to relieve Appeals Court backlog, (3) AMC
remands reviewed for whether the discovery was error of agency or truly benefit the
veteran claimant.
Posted : Tue, 01 Jul 2008
!["Vietnam-era herbicide [orange] exposures represent a special case."](Congress/Akaka/Response-12-01-08-DOD-Agent-Orange-Nam.gif){kind=link}
