Joel. 1116 is a dual-function statute titled:Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam.. ; Delta des Roten Flusses: Diese fruchtbare Gegend rund um die Hauptstadt Hanoi (H Ni) erstreckt sich bis zum Golf . Joel. There is a group of reservist vets who flew the 123s that came from Man which sprayed AO in Nam. This means that veterans who meet certain eligibility criteria are automatically eligible for VA disability benefits. Veterans who meet the following criteria are eligible for Agent Orange disability benefits and disability compensation: A medical record of having been diagnosed with an Agent Orange-related illness or condition, AND any of the following: Certain Vietnam veteran who operated from Royal Thai Air Force (RTAF) bases near U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the airbase perimeter anytime between February 28, 1961 and May 7, 1975 may qualify. Malecare is the world's leading men's cancer support and advocacy nonprofit organization. Information within those records was assessed against stringent joint VA-DOD criteria for what constitutes a location where tactical herbicides were tested, used and stored, Prichard said. We also offer a free ebook The Road to VA Compensation Benefits, to help break down the claims process from start to finish. I served with MAG 15 H&MS 15 in Nam Phong, Thailand Feb Sep 1973. Moreover, the load class in the record, Y4, is the same load class that was noted in an Operation Steel Tiger mission in South Vietnam the primary goal of which was defoliation. According to Prichard, locations were selected or deleted based on criteria including the existence of an official record, to include government reports, forms, unit histories, shipping logs, contracts, scientific reports or photographs. Further, in a 1986 transcript of the Ad Hoc Subcommittee Agent Orange panel, the committee noted that the potential of exposure at base camps would appear to be considerable because of the regularity of spraying. Moreover, the subcommittee determined that levels of exposure are likely higher from exposure in the camps than from Ranch [H]and spraying.. Because of ongoing security concerns, Air Force leadership ordered the use of additional herbicides. The 1986 Scientific Feasibility of Agent Orange Ground Troop Study noted that the group could not gain a clear indication from exposed verses non-exposed veterans because the records were incomplete. Until 2009, VA made no distinction between commercial and tactical herbicides. Contacting us does not create an attorney-client relationship. This legislation expands benefits to veterans who served aboard ships off the coast of Vietnam. Vietnam-era Veterans whose service involved duty on or near the perimeters of military bases in Thailand anytime between February 28, 1961 and May 7, 1975 may have been exposed to herbicides. Do You Have Long-Term Disability Insurance Coverage? Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 When Congress enacted this law, it stated that the term herbicide agent means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962 and ending on May 7, 1975. 38 U.S.C. The expansion of Agent Orange exposure locations came as a result of Public Law 116-23, the Blue Water Navy Vietnam Veterans Act of 2019. Click the link below to learn more. To date only one of these have received disability bennifits and he died 0ne month later. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. By Telephone. This reporting directly corresponds to other Air Force archives documents from 1973 showing that the Civil Engineers had developed a standard operating procedure for the use of herbicide on Takhli to avoid misuse. This shows a robust relationship between the 315th Air Division and the movement of herbicides. widows, dependent children and dependent parents, Agent Orange Babies: The Effects of Agent Orange on Veterans Offspring, Benefits Every Veteran Needs to Know About (including 100 VA Disability Benefits) - 2023 Edition. His statement aligns with the CHECO report, which notes that heavy use of herbicides kept the growth under control in the fenced areas. Moreover, Mr. Hogstads statement correlates with a historical record showing a request dated October 11, 1967, sought six C-123 herbicide aircraft and 60 personnel to operate from [NKP] for a 15-day period.. The VA has recognized certain cancers and healthcare problems associated with Agent Orange, as outlined above. The district is located along Mittraphap Road (Thailand Route 2) and the Northeastern Railway. Additionally, the1973 CHECO Reportstates that soil sterilization and herbicide use was approved by the embassy in 1969 in accordance with the Rules. Why Hire CCK for Your VA Disability Appeal? But one who stepped off an aircraft for 10 seconds gets boot on the ground. Furthermore, there are several reference reports admitting herbicide use throughout bases in Thailand. Hence, herbicides including Agent Orange were used in Thailand. The heavy foliage provided excellent cover for the enemy. The news comes on the heels of the Jan. 1, 2020, VA expansion of Agent Orange benefits to veterans who were exposed to the herbicide during their service. The term commercial in reference to herbicides is equally absent from VAs internal policies and procedures and from federal statutes and regulations. In 1991, Congress passed the Agent Orange Act, which mandated that certain diseases associated with exposure to herbicide agents, including chloracne and non-Hodgkins lymphoma, be presumed service-connected. . Agent Orange was an herbicide that the United States military used during the Vietnam War. Contactour office today for a free consultation with a member of our team. Chemical Corps described these products as expandable supply items to be available to all users, meaning they were meant for use by facility engineers as an herbicide for grounds keeping (i.e., brush and weed control).. VAs distinction between tactical and commercial herbicides is therefore misguided, arbitrary, and contrary to law. Disability claims from those veterans who received the VSM for Thailand service, but who did not set foot in the country of Vietnam, were placed under the Haas stay. The Department of Veterans Affairs has released an updated list of locations outside Vietnam where tactical herbicides such as Agent Orange were used, tested or stored by the military. This benefit is a tax-free monthly, There are a wide variety of benefits that we have found, which every veteran should know about. Agent Orange was a weed killer sprayed on the jungles of Southeast Asia during the Vietnam War to eliminate forest cover and crops for North Vietnamese and Viet Cong troops. I will have to get a rep to speak for me. With those mandates, VA instituted a systematic process that restricts the law and ensures that otherwise qualifying veterans and their families are denied benefits. The Department of Defense had legitimate concerns about the threat to U.S. personnel and equipment, which led to the decision to use herbicides within base perimeters as a means of preventing ambushes in Thailand.6. Kenneth Witkins statement, he attested to observing Agent Orange being sprayed around the barracks at Udorn in 1970-1971. From December 29, 1968, to January 2, 1969, RANCH HAND aircraft flew Agent Orange missions out of Udorn. Since that time, we have provided compassionate Prichard said locations where exposure occurred under conditions already granted presumption of exposure such as Vietnam and the Korean DMZ were not included on this list. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Once Operation Ranch Hand began, around 20 million gallons of Agents Green, Pink, Purple, Blue, White, Orange,. If your VA disability claim related to exposure to Agent Orange in Thailand has been denied, we may be able to help you. During the Vietnam Era, the military made no distinction between commercial and tactical agents in their own supply system. The 355th Civil Engineer Squadron and Pacific Air Force (PACAF) Command Agronomist sponsored the training. Public Law 116-23, the. What in the world is going on, and why isnt the VA recognizing any of us? The Marines were coming. I have photographs which I took of the area which demonstrate the extensive defoliation of the area. It's been called "the worst base in Thailand, but the best base we had in Vietnam." It was the home of the 56th Air Commando Wing, renamed in 1968 the 56th Special Operations Wing. The use of herbicides on NKP was noted in the 1973 CHECO report and in a soldiers sworn statement. Notably, Mr. Pippengers statement and the time period in which he served at Udorn coincide with official records of the delivery of 28,000 gallons of Agents Orange and Blue to Udorn in 1969 and the use of some of those herbicides by C-123 aircraft. Their dependents and survivors may also be eligible for benefits. I have no genetic background history in my family of this issue. Those who had served at one of the military bases in Thailand listed in the below URL and the locations at those bases identified, and experiencing any of the ailments considered possibly caused by Agent Orange (including prostate cancer) may now be eligible for VA treatment and compensation. For example, 28,000 gallons of herbicides were airlifted by two C-130s from Phu Cat Airbase in Vietnam to Udorn prior to some of the RANCH HAND missions later launched from Udorn to targets in Laos from February 2 to 7, 1969. The remarks come amid a growing debate in the halls of Congress over how the Navy is meeting the legal requirement to operate Col. Meghann Sullivan, commander of the 5th Brigade Engineer Battalion, 5th SFAB, faces allegations of assaulting at least All of these veterans, who used education benefits earned in the military to pay for the training, had signed agreements Joint Expeditionary Base Fort Story sustained an estimated $3 million in damage from Sunday's tornado in Virginia Beach Two boaters were rescued from a marshy island in Virginia after they were stranded in poor weather, the U.S. Coast Guard said A federal watchdog agency says the Defense Department has taken steps to ensure that it is not buying products containing the A Marine veteran was killed last week in an eastern Ukrainian city where the country's military has been locked for months in Military and overseas voters will effectively get more time to return absentee ballots under a bill Gov. Thailand Agent Orange Claim Denials VA's Herbicide Problem Introduction: Agent Orange is an herbicide that was used by the United States during the Vietnam War. Interestingly, this was after all aerial herbicide spray missions in Vietnam had ceased. Instead, the law mandated that a veteran show as a factual matter that they were as likely as not exposed to an herbicide agent like those used in Vietnam. It stands to reason that this remaining herbicide was used at other bases since 21,000 gallons was far more than necessary for a single base. Without these cookies, services you have asked for cannot be provided. But historical documentation shows no evidence that the military made any distinction between commercial and tactical herbicides at the time of the Vietnam War. Aircraft mechanic George Collins testified in a sworn statement that he worked on a RANCH HAND aircraft after it made an emergency landing in U-Tapao. The office recommended that the Pentagon refine the list so that it was as complete and accurate as available records allow, develop a process for updating the list, develop criteria for determining locations and work with VA to keep veterans informed of the information. San Jose, CA: 2880 Zanker Road, Ste. Was in NamPhong 11/72 thru Sept 73, my wife has had 4 miscarriages, we had a daughter born with a form of Spina Bifida, my son has the digits of his left foot deformed and I have been diagnosed with ischemic heart disease. His claim was denied because the location he served in is not recognized as having been treated with herbicides. The class consisted of twelve non-commissioned officers. *Exceptions: osteosarcoma, chondrosarcoma, Kaposis sarcoma, and mesothelioma. Veterans who served in Vietnam, the Korean demilitarized zone or other areas where Agent Orange was sprayed may be eligible. However, these stayed claims did not involve claims due to herbicide exposure around Thailand bases or their perimeters. The new toxic exposure bill/Agent Orange Act ( Honoring Our PACT Act of 2022 ) broadens presumptions for Agent Orange exposure in Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll! The VA offers health registry exams, health care, disability compensation and other benefits to eligible veterans affected by Agent Orange toxic exposure. Please call for an appointment before visiting: Mail Processing Center: P.O. The distinction between a tactical herbicide and a commercial herbicide has no legal or factual significance. . Thailand veteran Wayne Hogstad was stationed at NKP from April 1967 to April 1968 and was assigned to the police squadron. Money Minute, What's next for experimental AI projects in the C4ISR sphere. As a part-time VA employee, Dr. Dahl conducts about 4 Agent Orange Registry exams per week, and 15-16 Agent Orange Registry exams per month. Also, they must have been used in application at test sites, in labs or greenhouses, while being transported on vehicles or ships or stored. Disabled Veterans Sign up for a Career Change. Sometimes it takes an act of Congress to modernize benefits like in the case with the Blue Water Navy legislation. In response to a 1971-72 Congressional record, an Air Force consultant wrote, [t]he Air Force does not and has not used any defoliants that are not in general use in this country. Later, in the 1980s, the government did indeed ban the use of all 2,4,5-T based herbicides for the same reasons it previously stopped the use of Agent Orange (a 2,4,5-T based herbicide) in Vietnamcontamination with 2,3,7,8-Tetrachlorodibenzo-p-dioxin, or TCDD.. Moreover, VAs previous position that herbicides were only used along the perimeters is contradicted by documented evidence and sworn statements. They sprayed our living areas with DDT, which was banned in the US. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 He wrote in a sworn statement that he was twice assigned the task of diagnosing and repairing a Buffalo Turbine fogger/sprayer unit which sprayed the base consistently for insects and defoliated the base perimeter and other areas on the base. He witnessed drums with orange, blue, or white bands being stored in a shed at the AGE facility surrounded by defoliated soil. Children who have certain birth defects and are biological children of Vietnam-era veterans may be eligible for VA compensation, healthcare and vocational training. The VA currently awards service-connected benefits for exposure to Agent Orange to veterans whose duties placed them on or near the perimeters of Thai military bases from February 28, 1961 to May 7, 1975. Defense Secretary Mark Esper added that the new list will be updated as verifiable information becomes available.. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. The latest additions to the Agent Orange presumptive list comes from Sec. Cookies help us deliver the best experience on our website. The Department of Veterans Affairs lists these conditions as presumptive. In a 1986 memorandum from an Agent Orange Working Group, the panel concluded that herbicide records were incomplete and that a large proportion of firebase perimeter spray operations were never recorded. In a 1981 draft statement, James Stockdale, the Deputy Under Secretary for Intergovernmental Affairs, noted that documentation regarding perimeter spraying was poor and that less than 5 percent of all helicopter spray missions were recorded on Herbs tapes., The governments inability to identify exposed veterans led Congress to afford veterans the benefit of the doubt as to whether they were exposed by granting the presumption of exposure to all veterans who served in Vietnam. Soldiers lived, worked, and conducted recreational activities near the perimeter and in areas well within the 500-meter drift zone. Before the PACT Act was enacted on August 10, 2022, VAs application of its Thailand perimeter policy only conceded exposure for service members with a security-related military occupational specialty (MOS), such as military police, who conducted foot patrols at the perimeter. An on-site visit in January 2019 by several Marine veterans of Task Force Delta report that the base was minimally staffed and the runway surface is in poor condition and would not support non-emergency fixed-wing aircraft use. You can read the full set of eligibility requirements on the VA website . I am mow 69 and am probably .dying. Our job was to off load air craft. How Many Vietnam Veterans Have Been Affected by Agent Orange? By using our website, you agree to the use of certain cookies. All rights reserved. 3.307 and 3.309 provide the legal authority and framework for awarding benefits to Vietnam veterans with herbicide agent-related diseases. The location must have been a DoD installation, land under control of DoD or a non-DoD location where service members were present during testing, application, transportation or storage. Nam Phong has been a Royal Thai Air Force (RTAF) communications center. The term is used only in the Memorandum for the Record and in individual cases wherein VA uses the distinction to deny benefits. (Agent Orange didn't appear orange, though it looked like that to Pilsch.) This is an up-to-date list of conditions on the VAs Agent Orange presumptive list. Editors note: This story was updated to include further input from the Department of Defense. The VA is looking at that data now to determine if changes should be made. I was only a PFC and did not get any higher than that. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved.
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