Agent Orange Question

[goofycow]

This may sound like a really dopey question but here goes. How was ao applied? Which branch of the service actually did it? Was it from Army helecopers, Navy planes??? The reason I ask is because my husband was on an aircraft carrier right off the coast. If navy planes dropped the ao, how can VA deny that anyone to not actually set foot on the ground in country could contact ao? Just wondering how this stuff was delivered & who delivered it.

Liz

[maxwell18]

I know about the Air Force used C123s spraying the agent orange. The project name was "Operation Ranch Hand". Hopes this helps.

[evandc]

Air Force used the C-123. Also was sprayed from choppers (not sure just Army or others). It was also sprayed from back-packs around bases, towns etc.

Don

[Vike17]

Liz,

Any veteran that was exposed to AO and has disabling residuals from that exposure can obtain service-connection regardless of where they were when that exposure happened i.e aboard a ship, Thialand, bases in CONUS where AO was used ect... The only difference with claims like these from those of veterans that served in Vietnam is that it isn't "presumed" that the veteran was exposed. The veteran must be able to prove to VA that he/she was exposed to AO and submit medical documentaion showing a nexus between any medical condition and the AO exposure. With veterans that served in Vietnam, they do not have to prove to VA they were exposed, it is "presumed" they were exposed if they suffer from any of the disabilities listed on the presumptive list.

Vike 17

Edited June 22, 2007 by Vike17

[Berta]

Liz- Vike is correct and any vet regardless of where they served- if not a presumptive exposure -they should do all they can to support the fact that they were exposed to Agent Orange-if they have an Agent Orange disability.

Not only does the presumptive list include incountry Vietnam Veterans-it also includes Korean War vets who were within a specific time frame and area in Korea- I have posted this list many times an hadit- with their units etc.

Commander Jonathan Haas received the first CAVC decision that service connected him-a Blue Water Navy veteran-to Agent Orange.

Blue waters and AO became law for a very short period of time and asvocates like me tried to reach many vet sites to make sure Blue Waters who had not filed claims yet- did so ASAP.

Because the hand writing was on the wall- Nicholson ordered a moratorium and any claims filed after that order are in limbo awaiting more litigation between VA and NVLSP and other vet orgs fighting for Blue Water veterans.

You husband-maybe Dixie Station - 7th fleet?

most surely was exposed and if this Naval service off the coast was during the dates of the Vietnam war and he suffered from a known AO disability he should file a claim for service connection due to AO.

Also I suggest going to The Blue Water Navy site and many of the AO sites as there is plenty of info on the net.

The BVA has granted AO comp for a Thailand veteran, an Okinawa veteran, some Korean vets and has a remanded a Guam vets claim-

These claims can be won -I posted links to them here in the past. The veteran did the leg work involved in each case-proving they were exposed.

It is difficult to know when the moratorium will be lifted as the briefs before the court now will determine that outcome.

full story at http://www.nvlsp.org/

[goofycow]

yes Berta, I realize that you have posted on this topic many times. My husband died last from heart failure & other complications of diabetes.

He served on board several aircraft carriers. He had 2 Viet Nam service metals plus a viet Nam gallantry cross on his final DD 214. But I am sure that will probably not be good enough for VA.

BTW, I wasn't aware that there was a Blue water Navy site. I will have to check it out.

Liz

[Berta]

She already gets SC apparently-but I dont know what for-maybe the enhanced 10 year SC prior to death- but I am missing a year there-

If it is for direct SC (AO or what ever else contributed to this death)

this claim could still have Section 1151 potential and if she files the SF 95 ASAP-that potential too-

The 1151 and the FTCA claim would be if the fall this veteran had and the other complications right before death if in a VAmc -contributed to death.

Was an autopsy done?

It could get into the area of forensic stuff if she goes that way- however- if he died from AO her claim would be like mine-

AO death or any direct SC death and Section 1151 death and there is no precedent for them or how the VA will handle both of these awards.

They do not come under prohibit regs for duplicate benefits-

"If she is receiving DIC doesn't that indicate that the VA considers her husband's death to be SC?"

Yes either direct SC, DIC under the ten year enhanced DIC, or "as if" SC under 1151.The "as if" is a big difference in the three types.

I expect a decision soon and it would impact on her claim perhaps -

or at least set a plan of action for her to consider if there is any potential for any other benefits.

Does she get CHAMPVA now and also the Mortgage guaranty cert?

A lot depends on what kind of DIC she receives now.