Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Question About Proving Exposure

Rate this question


USAFdaughter

Question

My father passed away in 2007.

I have heard stories of widows who successfully received DIC even if their husband had not been awarded VA disability before their death, if they could show exposure through medical records, etc...

Well,

I have found some letters that Dad wrote that explain how exactly he was exposed to experimental and confidential (at the time.. I don't know about now) toxic chemicals.

So far I only know it happened in 1967 (which is when he was stationed in Thailand, but also around the time he might have been doing clandestine missions with Air America), but knowing my dad, he probably has more specific information written down on a paper I am yet to find (I'm in the process of going through his papers). The papers are typed but at the end of one letter he did sign it with an ink pen (of course it's not certified, but as good as I'm gonna get with him passed away).

The story is that there was an emergency landing by an aircraft near the weapons shop where Dad was working. The rear door opened and the airmen in the back were gagging and struggling to get out of the aircraft and there was this dark sticky stuff sprayed all over them and everywhere in the aircraft, even dripping out the back door. Dad rushed over to help them out and, in the process, got covered in the stuff. It was quite some time before he could get to barracks to change and shower and by then there were large red sores where the stuff had soaked through his fatigues and his skin had been burning for quite some time, but there was nothing he could do. He got some salve from the dispensery, but his skin stayed tender for days and the red spots took weeks to go away. He asked around and discovered that the sticky stuff was some sort of confidential and experimental agent that they were spraying until the line burst within the aircraft, spraying the belly of the plane as well as everyone inside.

Within just a couple of months he started developing medical conditions such as bowel problems and reoccurring kidney stones, trouble taking deep breaths, fatigue, and upset stomach. Later medical tests showed that every organ in his body had sustained damage and he just got sicker and sicker until he died 40 years (to the year) after this incident.

Do you think there is any way, assuming I find out what day or month his exposure occurred, to use this incident as "proof" of his exposure? There may be a record in existence of the emergency landing?

Dad also mentioned extreme levels of radiation (due to a powerful radar system in place) at the Udorn RTAFB....and I wonder if there have been any claims related to that?

Am I hoping for too much or is there something I can do to help my mom to receive DIC benefits or anything else?

I have also found some papers that show that Dad submitted a disability claim with the VA in 1970. He was on disability, but it was NOT through the VA. It was through his employer as of 1979: General Motors. Dad DID have Type 2 Diabetes, which is now on the AO list. However, there was no autopsy and the cause of death is listed on the certificate as "Morbid Obesity".

Nice of the govt to wait until so many veterans have passed away to start adding more "diseases" and countries to the AO lists. I was telling mom today how "funny" it is that they "forgot" where they used the stuff until .. you know.. some guy just "happened" to be looking through this 40, 50 year old file and was like "by golly, lookie here! I guess we used herbicides in Thailand and Korea too!" Is that how it happens? Ridiculous. In another 20 or 30 years, it will start getting released that they had other chemical agents, that other health problems are symptoms. Other countries were affected. And about the time my generation is retiring, they might mention that some of our health problems COULD have possibly been caused by AO but they are not sure yet, and about the time we are in our 80's or 90's and they don't have to much worry about us causing a stink anymore, they will admit why we developed sicknesses later in life too.

Anyway,

Thank you for any advice! I went to the county Veterans Affairs office Friday, but the Service Officer was out and his secretary was less than courteous or helpful in any way. I thought forums might offer more helpful (or at least heart-felt) advice.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

This recent Thailand BVA AO award might help show what I mean:

In part :

"The Veteran is seeking entitlement to service connection for

diabetes mellitus, type II, as a result of in-service

exposure to herbicides. Specifically, the Veteran claims

that he was exposed to Agent Orange while serving in Thailand

during the Vietnam conflict. The Veteran contends that he

was exposed to Agent Orange or other herbicides during his

duties driving a supply truck, while on guard duty at the

main gate outside the perimeter fence, sprayed directly with

herbicides, or through some other means.

The Veteran also submitted a document titled "Project CHECO

Southeast Asia Report: Base Defense in Thailand." The

document noted that herbicide was used to assist in

vegetation control between 1968 and 1972. With respect to

Nakhon Phanom Royal Thai Air Force Base, where the Veteran

claims to have been stationed, "heavy use of herbicides kept

the growth under control in the fenced areas. Interior

vegetation was usually kept closely cut."

and

"Insofar as exposure to Agent Orange in Thailand is concerned,

the Department of Defense has indicated to the VA Chief

Officer for Public Health and Environmental Hazards that

there was some limited spraying of the herbicide Agent Orange

in Thailand, but this occurred in 1964 and 1965, or several

years prior to the Veteran's service in Thailand. However,

as discussed above, the Veteran submitted documents

indicating that herbicides were used to maintain clear site

lines around the perimeter of air bases between 1968 and

1972, to include Nakhon Phanom to which the Veteran claims to

have regularly transported supplies by truck. The Veteran's

DD 214 indicates an MOS equivalent to that of an inventory

clerk. The Veteran contends that he regularly transported

inventory by truck between military facilities in the course

of his duties. The Board finds that the Veteran's contention

as to regularly transporting material between facilities is

consistent with his listed MOS. Despite, the Veteran's MOS,

it is also not inconceivable that he performed guard duty for

a limited time, as he has alleged. Therefore, the Board

concludes that there is at least an approximate balance of

positive and negative evidence as to whether the Veteran was

exposed to herbicides while serving in Thailand in 1969 and

1970."

"ORDER

New and material evidence having been received, the claim for

entitlement to service connection for diabetes mellitus, type

II, is reopened.

Entitlement to service connection for diabetes mellitus, type

II, is granted."

The veteran lost one other claim in this decision but the point is that the veteran raised the CHECO Report and the BVA found his MOS was consistent with limited guard duty.

http://www4.va.gov/vetapp10/files3/1023272.txt

There is usually more evidence regarding BVA awards than we know of.I feel something in the record triggered BVA to conceded the alleged guard duty=maybe a buddy statement or something they didnt mention in this decision.

I was a little disappointed when the BVA awarded my claim but only focused on some of the evidence in the decision and not all of the extensive evidence I had compiled because I created a medical template that I felt someone else might be able to use if they too claimed a AO condition that the VA had never diagnosed at all.It goes to show that not all eidence is mentioned in BVA decisions.

They award as soon as they find enough to award and a long rendition of more evidence isnt productivce for BVA purposes buut I sure wish their decisions were,in fact, more detailed.

Link to comment
Share on other sites

Mom has no knowledge of Dad EVER receiving money from the VA in relation to a disability. So the letter stating his disability has been deemed service-related baffles us (and certainly intrigues us). Pursuing his C-files from the VA does seem the route to take concerning that.

I do know Dad was not "on disability" until he acquired disability through General Motors around 1979. He was 100% disabled. GM even tried to tell him that it was all in his head, so he had to see a psychiatrist for a period of time, to prove that he wasn't a hypochodriac. (Clearly he wasn't. The extent of the physical damage to his body is just ridiculous. I've never met another person with a plethora of so many different medical problems--all seemingly unrelated and not genetic.)

That BVA AO award WAS really helpful. And I see what you mean about them not including very much. It sounds so easy because they only include what attributed to their decision.

Link to comment
Share on other sites

"Pursuing his C-files from the VA does seem the route to take concerning that. "

Yes-that is a VERY good idea.

As far as diabetes -I am only guessing as a non -doctor that this was potential contributing cause of his death.

I believe now however that there is much more to his medical picture and VA relationship which could possibly reveal an already established SC condition that would have contributed to his death.

You need to obtain all f his VA medical records too as well as his SMRs and any private records he had.

"It sounds so easy because they only include what attributed to their decision." Re the BVA decision.

Yes but the BVA had this veterans SMRs and all available records to review first -so this is why they awarded him.

Link to comment
Share on other sites

* There is a letter dated July 20, 1970 from the VA center in St. Paul Minnesota with a different reference number that states "Since your disability has been rated as service-connected, you may be eligible for this insurance..."

USAF,

I would certainly find out more regarding the above from the VA.

Like what he was SC'd for, when and was it at zero percent or a compensable level.

This will probably b,e quite important.

JMHO

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use