More on Government Cover-Ups.

    Other News Articles on AO:

Court splits on Agent Orange     June 9, 2003     Skeletons?   Our President?

S.Korea court rules US firms pay for Agent Orange     January 26, 2006

High Court Deadlocks On Agent Orange   Source:   Lexus One     Gulf War Plague     Roswell     MIAs

    "The Supreme Court deadlocked Monday on whether it's too late for sick Vietnam veterans to sue chemical companies over Agent Orange exposure, but allowed vets to continue lawsuits claiming they were wrongly shut out of a decades-old national settlement.

    Business groups had feared a ruling that would threaten to reopen many class-action settlements at a cost of millions or possibly billions of dollars.

    Instead, justices were divided 4-4. A ninth justice, Justice John Paul Stevens, did not participate in the case. He did not give a reason for his recusal, but his only son was a Vietnam veteran who apparently suffered from cancer before his death in 1996 at age 47.

    The case raised an interesting question of how courts should handle claims from war veterans who got cancer and other diseases after the $180 million Agent Orange settlement was spent. Two veterans argued their constitutional due process rights were violated in the 1984 settlement, which included no payments to people who became ill after 1994."

"Although the Vietnam war ended 30 years ago, some war-related illnesses are just being discovered, the court had been told."

    "Justices, in issuing a two-paragraph unsigned opinion, did not deal with either question.     The effect of the tie vote, extremely rare at the court, is to affirm the 2nd U.S. Circuit Court of Appeals judgment and allow litigation to proceed in lower court."

    "A lot of veterans have been waiting for 10 years to hear this, their rights are vindicated," said Gerson Smoger of Oakland, Calif., the attorney for Isaacson and Stephenson.

    During arguments in the case in February, some justices seemed concerned that the settlement shut out veterans.

    The case is Dow Chemical Co. v. Stephenson, 02-271.     See FindLaw Case

    Copyright 2003 Associated Press by Gina Holland

Agent Orange Law     Dr. Gerson H. Smoger     Other Links
    was the lawyer for Joe Isaacson and Daniel Stephenson.

Agent Orange Collection     Agent Orange legal briefs, research files, and correspondence regarding the federal suit brought by veterans of the Vietnam Conflict against the federal government, contractors, and chemical manufacturers regarding the health effects of the use of the herbicide, which was used to defoliate large areas of South East Asia.     The Agent Orange Collection was donated by Irving Like, Esq., of the law firm of Reilly, Like and Schneider of Babylon, New York, in 1989.

About the Dioxin Act of 1984     Essentially, it says the VA violated an agreement by (1) refusing to pay retroactive disability and death benefits to Vietnam veterans and their survivors and (2) by refusing to pay the estates of deceased Vietnam veterans the retroactive benefits due them while they were living.

A Visit to Vietnam   (Web Currents)     The war in Vietnam has been over for 30 years, but decisions made by the United States and other governments during the conflict still haunt thousands of Americans and Vietnamese today.

    The decision to use the toxic chemical called Agent Orange, for example, has been linked to birth defects, cancer and other illnesses among those living in Vietnam and neighboring regions.     American soldiers were exposed to Agent Orange while stationed there, and many of them have also developed serious health problems.

    ".. the federal court judge ruled on Thursday, March 10, 2005, that the chemical companies could not be held responsible for the damages done.     Supplying the toxic chemicals doesn't qualify as a war crime, he said, because the agents weren't specifically used to poison the people -- that was just a side effect of its primary use as a herbicide."

Physics Forum on Of Human Rights in Vietnam     American soldiers were not the only victims of such mismanagement.     Vietnamese civilians died as well.     Our president today and his secretary of defense do not like to refer to such "collateral damage" in the wars today in Iraq and Afghanistan, but since we have been there, thousands of their people have suffered and died as a consequence to our leaders' actions.     To see the real casualty toll of the Vietnam War, the Wall in Washington, D.C. should be updated to include those with service-connected diseases that eventually died (and suffered) in their later years as a result thereof.

We are now working on another Wall for those that died in Iraq and Afghanistan in a world war where only our British allies (and very few others) sacrifice for the world dilema on terrorism.

TalkLeft - the politics of crime and Obit of R.I.P. Colonel David Hackworth     -- the first senior officer to come out and say the Vietnam War was a mistake, has died of bladder cancer.

    It was Col. Hackworth who was responible for the Abu Ghraib prisoner abuse photos getting to "60 Minutes II" last year.     He also warned about the return of the draft.     Col. Hackworth was an outspoken and early critic of the Iraq War.

Editorial:   the draft should return.     It was a silly/pathetic notion that the military could be run with only all-volunteers.     Everyone, in a democracy, should bare the burdens of sacrifice and then may be we would elect appropriate government representation, as in the old days, before Nixon and Johnson (republican and democrat.)     More on Bush's (Sr.) bullshit -- Worlds of Hurt.     Senior Bush, you know, the one that served only one term before we got a president that set the record straight for veterans of all ages to get assistance in their claims, The Honorable President William Jefferson Clinton;   VCAA 2000, signed before leaving office (with a surplus -- not a deficit) on November 9, 2000.

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit

Related Supreme Court Article @ FindLaw -   United States Supreme Court Hears Challenge to Twenty-Year Old Agent Orange Class Action Settlement     And, CNNMoney.com Article

Another good read from Proxyinformation.com


    "The US Navy (and other military branches) have been found to have severely contaminated various foreign ports and waters.     They have been mandated through agreement with other foreign countries to "clean up their mess." Specific standards for the clean-up were set.     And guess what...?.... They did a small part of the clean-up, submitted false documentation that said they had complied with the standards, and have consequently been caught.     And, they've paid literally billions of dollars in fines to those foreign governments for having filed false documentation.     BILLIONS OF DOLLARS !! .... which they have paid out as a consequence of their lies instead of paying Navy veterans the compensation they deserve from the poisonings they incurred."
 
The U.S. Veterans Dispatch     August 22, 2006
Taken from November, 1990 issue.

Quote:     "Study Canceled" --   On August 2, 1990, two veteran's groups filed suit in U.S. District Court in Washington, D.C., charging that federal scientists canceled an Agent Orange study mandated by Congress in 1979 because of pressure from the White House.

    The four year, $43 million study was canceled, according to the Centers for Disease Control (CDC) in Atlanta, because it could not accurately determine which veterans were exposed to the herbicide used to destroy vegetation in Vietnam.

    Charges of a White House cover-up have been substantiated by a report from the House Government Operations Committee.     That report, released August 9, 1990, charges that officials in the Reagan administration purposely "controlled and obstructed" a federal Agent Orange study in 1987 because it did not want to admit government liability in cases involving the toxic herbicides.

SIX TO TWENTY-FIVE TIMES STRONGER THAN RECOMMENDED
-- see story for details.

MAKERS KNEW OF DANGER TO HUMANS

    Unknown to the tens of thousands of American soldiers and Vietnamese civilians who were living, eating and bathing in a virtual omnipresent mist of the rainbow herbicides, the makers of these chemicals were well aware of their long-term toxic effects, but sought to suppress the information from the government and the public, fearing negative backlash.

    According to documents uncovered only years later, the purpose of this meeting was "to discuss the toxicological problems caused by the presence of certain highly toxic impurities" in samples of 2,4,5-T.     The primary "highly toxic impurity" was 2,3,7,8 TCDD, one of 75 dioxin compounds.

CONCERN OVER DIOXINS KEPT QUIET

    Three months later, Rowe sent a memo to Ross Mulholland, a manager with Dow in Canada, informing him that dioxin "is exceptionally toxic, it has a tremendous potential for producing chloracne (a skin disorder similar to acne) and systemic injury."     Rowe ordered Mulholland in a postscript to the letter that "Under no circumstances may this letter be reproduced, shown or sent to anyone outside of Dow."     Among those in attendance at one of the meetings of chemical company officials was John Frawley, a toxicologist for Hercules, Inc.     In an internal memorandum for Hercules officials, Frawley wrote in 1965 that Dow was concerned the government might learn of a Dow study showing that dioxin caused severe liver damage in rabbits.     Dow was concerned, according to Frawley, that "the whole industry will suffer."    Frawley said he came away from the meeting with the feeling that "Dow was extremely frightened that this situation might explode" and lead to government restrictions.
 
AIR FORCE KNEW OF HEALTH DANGER     See GAO Report

    But, scientists involved in Operation Ranch Hand and documents uncovered recently in the National Archives present a somewhat different picture.     There are strong indications that not only were military officials aware as early as 1967 of the limited effectiveness of chemical defoliation, they knew of potential long-term health risks of frequent spraying and sought to keep that information from the public by managing news reports.

    Dr. James Clary was an Air Force scientist in Vietnam who helped write the history of Operation Ranch Hand.     Clary says the Air Force knew Agent Orange was far more hazardous to the health of humans than anyone would admit at the time.

MILITARY DOWNPLAYS USE OF HERBICIDES

    Aware of the concern over the use of herbicides in Vietnam, particularly the use of Agent Orange, the U.S. Military Assistance Command, Vietnam (MACV), attempted to put the proper public relations spin on information concerning Operation Ranch Hand by announcing a "revision" in its policy on the use of herbicides.
 
USE OF AGENT ORANGE FINALLY ENDED

    Despite the order, some troops continued to use Agent Orange when they ran out of the other rainbow herbicides.     Finally, in early 1971, the U.S. Surgeon General prohibited the use of Agent Orange for home use because of possible harmful effects on humans and on June 30, 1971, all United States defoliation operations in Vietnam were brought to an end.

VETS BEGIN DEVELOPING HEALTH PROBLEMS

    As soldiers who had served in Vietnam attempted to settle back into civilian life following their tours, some of them began to develop unusual health problems.     There were skin and liver diseases and what seemed to be an abnormal number of cancers to soft tissue organs such as the lungs and stomach.     There also seemed to be an unusually high number of birth defects among children born to Vietnam veterans who had been exposed to Agent Orange.     Some veterans experienced wild mood swings, while others developed a painful skin rash known as chloracne.     Many of these veterans were found to have high levels of dioxin in their blood, but scientists and the U.S. government insisted there was no link between their illnesses and Agent Orange.

EPA BANS USE OF AGENT ORANGE IN U.S.

    Then, in 1979, the Environmental Protection Agency banned the use of Agent Orange in the United States when a large number of stillbirths were reported among mothers in Oregon, where the chemical had been heavily used.

WHITE HOUSE COVER-UP

    Despite information from three sources that there were adequate records available for a comprehensive CDC study on Agent Orange, the White House and CDC sought to cover it up.

    First, the Institute of Medicine's study was never turned over to the White House.     Then, Murray decided that as a non-scientist, he was in no position to challenge the objections of CDC's Houk and deferred to his judgement on the matter of records.     Then, according to Daschle, the Pentagon came down hard on Christian for criticizing the CDC.

    "DOD officials altered his follow-up testimony before it was sent to the Hill, deleting his information challenging CDC's claims," said Daschle.

    By mid 1986, the White House had set the wheels in motion to cancel the CDC's Agent Orange study.

STUDY CALLED A FRAUD

    But again, there was more information available that was never presented.     The Institute of Medicine in the weeks before the CDC released its results of blood tests wrote a stinging rebuke of the CDC's tests methods.     It said that none of the CDC's conclusions was supported by scientific data.     The CDC refused to turn this report over to the White House.

    "Either it was a politically rigged operation or it was a monumentally bungled operation," said Rep. Ted Weiss (D-NY), chairman of the Government Operations Human Resources and Intergovernmental Relations Subcommittee.

    Other information began turning up that there were concerted efforts by various agencies of the government to conceal records and information about the effects of Agent Orange.

MONTGOMERY HOLDS UP AGENT
ORANGE LEGISLATION

    Efforts to get comprehensive Agent Orange legislation through Congress to right the wrongs of the cover-ups have been unsuccessful largely through the efforts of one man:   Rep. Sonny Montgomery of Mississippi, chairman of the House Veterans Affairs Committee, who claimed to be the friend and champion of veterans in Congress - in fact had virtually single-handedly bottled up Agent Orange legislation.

    The CDC, meanwhile, continues to perpetrate the scientifically flawed myth that Agent Orange and dioxin posed no health threats to Vietnam veterans.

GOVERNMENT PLAYS WAITING GAME

    But as the government continues to drag its feet, more veterans and their children continue to suffer the effects of Agent Orange.

    Time is on the side of the government.     The longer it waits, the longer it procrastinates, the more the problems of Agent Orange exposure is diminished by the deaths of those who suffered from exposure to it.     Their names could be added to the black granite wall of the Vietnam memorial, casualties of the rainbow herbicides that followed them home from the war.

RAINBOW HERBICIDES AND THEIR COMPONENTS:

- Agent Orange: 2,4-D and 2,4,5-T; used between January 1965 and April 1970.
- Agent Orange II (Super Orange): 2,4-D and 2,4,5-T; used in 1968 and 1969.
- Agent Purple: 2,4-D and 2,4,5-T; used between January 1962 and 1964.
- Agent Pink: 2,4,5-T; used between 1962 and 1964.
- Agent Green: 2,4,5-T; used between 1962 and 1964.
- Agent White: Picloram and 2,4-D.
- Agent Blue: contained cacodylic acid (arsenic).
- Dinoxol: 2,4-D and 2,4,5-T; used between 1962 and 1964.
- Trinoxol: 2,4,5-T; used between 1962 and 1964.
- Diquat: Used between 1962 and 1964.
- Bromacil: Used between 1962 and 1964.
- Tandex: Used between 1962 and 1964.
- Monuron: Used between 1962 and 1964.
- Diuron: Used between 1962 and 1964.
- Dalapon: Used between 1962 and 1964.


Editorial:     And, for those that still think that such cover ups is "only in the movies," I would suggest you are due for a reality check.     I suggest you see Michael Moore's epic film about George W. and the Congress that sends our all-volunteer military to do their dirty work while they (and their relatives) sit comfortably at home.     The "bird" to them.



Thailand Vietnam Veterans for Equal Treatment (TVVET)
Exposure to AO while serving in Thailand


Purpose of VBA Section      

1)   Educate veterans on the processes associated with VA Appeal Board

2)   Provide meaningful examples and case illustrations for your research,   example.     Thailand Veterans - see "Serving in Thailand".

3)   Educate veterans on terms and make reference to applicable CFR   (Code of Federal Regulations) and USC (United States Code)

4)   Provide you with website URL addresses for further research

    In Las Vegas,  give Joe Odya/AMVETS, retired Navy with 15 years advocacy experience as a
    VSO/DSO, a call @ (702) 258-3691 and schedule an appointment

      Veterans Service Organizations ( VSO )

    Other areas of the country, go to Veterans Service Organizations to locate one nearest your home

5)   Motivate you to action, file your rightful claim to compensation

6)   Contact your U.S. Senator   or   Congress Representative in the House.

    Now, that you know you have come to the right place, here is a prologue to an official V.A. document regarding adjudication (passing judgment; making a decision authority on your claim.)