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rthomass

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Everything posted by rthomass

  1. The VA Doctor in Oncology made a statement in his computer notes which is electonically signed stating that "He was stationed in Thailand on the Mekong River during the Vietnam war. Technically he was not in Vietnam. He states, however, that he was definitely exposed when it was used as a defoliant on the river. NHL is clearly one of the diseases associated with agent orange exposure. If he were exposed to agent orange, then it is quite probable that this is the cause of the NHL." Of couse it is clear in the total documetn that he is referring to myself Randall D. Thomas Sr. ....................... signed: FRED J. HINDLER ATTENDING PHYSICIAN 03/19/2007 09:21 VAMC VA MEDICAL CENTER 800 ZORN AVENUE lOUISVILLE KY 40206 As I said before I have a letter on ao exposure coming from vienam_war_vet and plan to have my lawyer put pressure on the BVA as regards the 1999 AO decision. Botton line is I need for any fellow veteran exposed to agent orange at NKP to contact me.
  2. BERTA: The post I am referring are cited below: NKP AO SHORT VERSION POST NKP AO LONG VERSION POST
  3. Berta:this will help you understand: Please review the post between myself and vietnam-war_vet. Visit This Post
  4. Berta, Thank you for you guidance. I know that Agernt Orange in Thailand is not Presumptive ..... that is subject to change based on Haas v. Nichoson and whether or not Mr. Nichoson prevails before the United States Court of Appeals for the Federal Circuit. I again state that I had an MOS (in the Air Force AFSC) 65170 whic is a Procurement Specialist. I had an office in the Headquarters building 56th Combat Support Group. My duties encompased that of Chief Operation Branch which is a fancy title for getting all the administrative duties of my office accomplished. On occasion I assisted in site inspections of various construction projects on the Base such as ditches being dug by local Thais near our perimeter fence where I saw Agent Orange and other chemical being sprayed. I have as I said previously a long post between myself and vietnam_war_vet dated 11 Decembet 2006. I again contend and hope the BVA takes a fresh look at the Veteran who was stationed at NKP at he sme time I was. Will it help? Have no ideal; but until the BVA assists me in this area I will never know.
  5. Thank you Jim; it is good to hear that I am not by myself in my views and beliefs...after all asking for no sympathy I would never have had to bring a claim before the VA if I had not served my Country for twenty years with one fateful year in NKP Thailand. I never bargained for cancer which the Va cites in their own regulations to be one of the eleven cancers that can be presumed under 38 CFR 3-309(e); oh I forgot that applies only to "BOOTS ON THE GROUND IN THE REPUBLIC OF VIETNAM". Again thank you for your comments.
  6. I thank you VIKE17....care to answer your rlationship to VA?
  7. Berta my "MOS" or "AFSC" (air Force Specialy Code) was 65190 which is a senior purchasing and contracting specialist. If you reviews a cnversation betwen myself rthomass and Vietnam_war_vet posted 6 December 2006 you will see that I have a cooroboating veteran. MY oncologist is giving me a letter. Additionally the nexus non-hodgskins lynphomas i.e folliculr lymphoma is cited in 38 CFR 3-309(e).....which was cited by the Acting Law Juge At BVA as 38 CFR 3-309(a).....this erroneous citation gives one year after discharge to submit a claim while 3-309(e) is open ended......perhaps the VA makes mistakes too.
  8. VIKE17, I respect your views, however I am aware tha BVA decisions a published on the web are in the public forum but without the assistance of the BVA as to who the person is , what the transcript says or doe not say I cannot determine what the evidence actually is. the ease as to the ability of BVA to provide information seems to be well within the realm of their reasonable assistance to help develop a veterns case. This individual was as I said served at the same base and time frame as I did. I did not just pick any un-related case I picked a case that mirrors my experiences to the very method by which we were exposed to the herbicide "Agent Orange". I cannot establish this person does not know me because the BVA will not allow me the information to determine this. Beside if I knew who the person is and where he lived why would I need the BVA to assist me in developing my case in this instance I could do it myself. As regards to "Boots on The Ground in Vietnam" is most certainly flawed..... per the decison of The United States Court of Appeal for Veterans Claims; reference Haas V. Nichoson. It is inconceivable that since Agent Orange as well as other hebicide "carcinogens" that travel by wind currents, ground water and by prevailing winds that only Agent Orange could be present only within the borders of Vietnam. I do have an eye witness to the use of agent orange durint this time period at NKP. Unfortunately I and many veterans disagree as to the non-adversarial aspect of the VA; is just not true in my experience with the loca VA and BVA. I feel that the law as relates to the presumption of exposure to Agent Orange in Vietnam is flawed in that it should read Sourth East Asia to include Vietnam, Thailand, Laos, and Cambodia. I have sent 540 letter arguing this to all the Senators and Representatives in the 110th Congrss. Veterans in Thailand, Laos and Cambodia as I stated before often in direct combat with enemy forces as evidence by many sapper attacks at Ubon, Udorn. Takli and even goof ole NKP. You are right I have lot to learn on how the Veterans Administration works. A process as complicated and bureaucratic as the VA is indeed an enigma in itself. Perhaps that would explain a 600,000 case back log. Perhaps you will concede from the 1999 Veterans Case that Agent Orange had to have been present somewhere on NKP during the time frame of August 1969 to August 1970 ?????? sine the BVA stated it was in their 1999 ruling. I for one know for a fact that C123's sprayed the HO-Chi Mihn trail just across the river from NKP in Laos; Oh yea wind, the river flow, and ground water never got contaminated ... right? I further know that our local CE and Air Police cleared our perimeer to afford a clear fire zone and enable them to pick off those pesky enemy pesonnel. Despite the beliefs of some the BENEFIT OF THE DOUBT and PLAUSIBILITY are still in the Veterans Administration regulation as cited in 38 C.F.R., Title 38 of the United States code as well ad th Va bible M21-1......................... One final query and only because of my curiosity and your unwaivering support of the VA adjuducation procedures are you employed by the VA in any position having to do with claims and appeals.
  9. Beating the NKP Thailand Bushes.......I need some one to come forward to give me a letter on Agent Orange usage at NKP especially during August 1969 to August 1970. BERTA; VIKE17 what is your views on BVA's responsibility to help develope my claim in regards to Their 1999 award decision?
  10. VIKE17 Thank you for your inciteful comments. I cannot cite or tell what the veteran that won his claim used as evidence since the BVA and only the BVA knows who this individual is and what his transcript or arguments of his case were. This information is under the control of the BVA and as such either they or the local Va RO should have assisted me as part of their duty to develpe my claim; I after all pointed the decision (case) out to them and even provided them a complete copy of the decision. I am in contact with a veteran staioned at NKP during this period and he corroborate my case. In addition he has agreed to send me a letter attesting to his post statements pertaining to the presence of agent orange at NKP during this period in time. Remember this is supposedly a non-adversarial process.......when in truth we are all lying SOB"s and our word is not worth a plugged nickle. This whole idea of the Secretary of Veteran Affairs' boots on the ground in Vietnam is flawed. Veterans that were in Thailand, Laos and Cambodia were a big part of the Vietnam war as well as the Blue Water Navy. Has anyone heard of ground water conatamination, wind, and troical storms? They all disperse he herbicides in South East Asia. The VA has the bat, ball, glove, and rules....and they play the game any way they want....It is the GI's nature to use all means to protect himself from the enemy and the VA has a lot to learn about the ingenuity of that GI. If they used it in Vietnam to reveal the enemy and provide clear fire zones; The GI's in Thailand, Laos and cambodia took it upon themselves to use it too; often without the knowlege of the brass.[/b]
  11. Berta I firmly believe that the Veterans Board of Appals as well as the RO are bound by M21-1 to assist me on developing my claim. Contacting this individual by the Veterans Administration wopuld fall into that area. Sure would lik for VIKING17 TO GIVE HIS 2 CENTS worth on this..........Service Mediacal Records for NKP 69-70 would only show a operation for a double hernia; supposedly acute food poisoning ....so the doc said....AO ? Wonder...... The real answer is for me to come up with buddy letters..got one coming from a membet of this site vietnam_war_vet.
  12. Berta this is indeed my claim that is before the United States Court of Appeals for Veterans Claims (06-2225). I have been recently notified by my lawyer that in a telephonic confernce that the Va , Court and my counsel ;deemed a remand was in order. Trying to bolster my case once it gets back to the BVA. Have a statemnet from (vietnam_war_vet from the hadit.com web site) coroborating my claim statements as regards use of agent orange on and NKP as wel on a portion of the HO-Chi-Mihn trail across the Mekong river in Laos....directly opposite Nakhon Phanom Royal Thai Air Force Base. In addition we were attacked once while there and we had quie a lively fire fight.....My lawyer used this to state I was in direct combat etih the enemy....don't really know what is significant about this ? Will see the actual remand in 0ne to two months.
  13. An individual who served at NKP thailand from August 1969 to August 1970 was granted service connection for immunoblastic lymphoma as secondary to agent orange exposure. This award was made by The Board Of Vetterans Affairs 06/16/99; Docket # 96-31 706A. This appeal and decision mirrors my appeal and claim in that I too was stationed at NKP Thailand From August 1969 through August 1970. I cited this in my appeal to the BVA but even though they said they considered the other veterans decision as related to my claim they deemed of course that this case could not be used as a precedent. I never really tried to use it as precedence or corroboration bu t I stated that I witnesse point by point the incidents of agent orange usage set forth in this appeal and ultimately approved claim. I of course have follicular lymphomas af the small messentary part of the small intestines. The BVA judge cited 38 CFR 3-309(a) which is for Chronic diseases that have a time period of one year after leaving the Service. I retired in 1981. Th e correct reference is 38 CFR 3-309(e) that cites among other cancers "non-hodgskins lymphoma" which has no time period. The Judge further stated he did not doubt my voracity or truthfulness....of course I was making statements under sworn testimony. My attemps to contact this veterna met with extreme resistance from the BVA....seems they had a responsibility to pursue this veteran to assist me in my claim. Gentleman from Las Cruces New Mexico (vietnam_war_vet) as used on hadit.com Dec 11, 2006 corroborated my exposure in corespondence with him by means of the hadit.com site. Stated he would prepare a letter supportin my claim and use the postings on hadit.com as an attachment.
  14. Chuck75 I appreciate your information; I believe a close read of he cited web page cites The DMZ Korea. Any info is a help though. have info from Veteran statoned at NKp 69 that corroborates my statement of Agent Orange use at NKP 69 - 70. Also Berta There weere Definitely C-123 Ao Spayers a NKP; never bothered to count them.
  15. I need help from any Veteran that served in Thailand during the Vietnam Era; Specifically Nakon Phanom RTAFB "NKP" Air Force Base, "naked Fanny" during the peiod of August 1969 to August 1970. Need Corroboration of Agent Orange use to support claim remanded by the CAVC to the Board Of Veteran Appeals "BVA". Randall D. Thomas Sr. rthomass@insightbb.com
  16. You can all have my retired militay ID card........Don't need it.........don't use it............wish I had never served 20 years in the service.........soon as you retire you are another has been...................take my medals........take my ribbonns.......take my performance reports.........
  17. Fellow Veterans it is a sad day when a concerned veteran sends a letter advocating Agent Orange legislation and over one month later no replies from Congress. 540 total lettters sent 0 replies; hell of a representative government. Looks like those in Washington could care less about anything but their own hide. I was proud to serve 20 years in the service but under present day circumstances they could go F@#k theirselves. Disallutioned ? Depressed? Pissed? you bet!
  18. This topic of extreme importance now that the 110th Congress is session. Please write or call you Senators and Representative to pass this bill.
  19. No Vicki; Designaton of Record forwarded by Veterans Admnistration 11/21/06. She responded with a Statement in lieu of Conter Designation of Records on 12/26/2220. Problem is I have never seen the record. Perhaps she will humor me and let me have a copy of the brief.
  20. Vicki I am afraid you are correct. It is like pulling hen's teeth to get her to talk to you. I have a case befor the US Court of Claims For Veteran Appeals. I am afraid she will screw up a slam dunk claim on Agent Orange. We are at the Briefs stage......In a quandry of what to do.
  21. Has any one on the forum had any dealings with the legal team of LIberman and Mark representing a Veteran before the US Court Of Appeals for Veterans.; specifically Ms. Kathy Lieberman. Track record for Lieberman appears to be good.
  22. Dorothy Kansas: How did they initially conclude it was a Lymphoma and did they perform a biopsy?Please reply I need to know. rthomasss@insightbb.com
  23. Stretch: Looks like one of the letters that Senator McConnell of Kentucky sent me. It was basically a civics lesson in how Government works or rather should work. It never referred to a subject matter and since I have sent him many letters I was not sure if this referred to my all important Agen Orange Legislation. "I replied at the bottom of his letter "Thank you for your response to my concerns, unfortunately I have sent several letters with various concerns and I frankly do not know which isssue you are addressing. My paramount concern is a letter that I sent to you dated Decembar 2006 pertaining to legislation on Agent Orange exposure. I have enclosed another copy of my Decenber 7, 2006 letter". The Good old boy horse hockey ain't going to get it any more..........It is put up or shut up time......I f you want my vote you have to consider my needs both as a Citizen and a Veteran.
  24. Time for the 110th Congress to hear us all the "VETERAN" Will advise all any letters. reactions etc. I receive from Congreess.
  25. I have now sent 100 letters to every Senator and 430 letters to every menber of the House of Representatives. I am asking for legislation to force the Department of Veteran Affairs and Their Secretary Mr. Nichoson to have every soldier, sailor, marine, and airman that seved during the Vietnam ERA in Vietnam, Thailand, Laos , Cambodia as well as their territorial waters and has a disease listed under 38 C.F.R. #-309(e) "herbicide EXposure" i.e. Agent Orange be presumed to have been exposed. The legislation should not be entitled service in Vietnam but service in Southeast Asia.
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