Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Agent Orange Issue

Rate this question


JohnM

Question

Back in 1984 Veterans of Vietnam were compensated from the chemical companies who supplied agent orange. Most Vets did not know of their illness till much later in life. Does anyone know if there is another lawsuit with these companies to compensate the Vets that did not recieve anything? Does anyone know of a website that we can read about this or find out about this? My sister-in-law said she read something about a lawsuit but did not understand it and also did not save the article. She is not to good on the computer and did not think of saving it.

JohnM's Wife Dianne

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

no updates in quite a while-

I forgot and Don you reminded me- I re-did the application because I have the two IMOs from Dr. Bash SCing my husband's death to AO-

I might not have applied before although Smoger told me too- because I was waiting for VA decision-

first and that was before I got the IMOs from a real doctor.

Thanks for reminding all of this lawsuit-

BTW at 6:30 EST at the Stardust Radio on line SVR Veterans radio/internet podcast-I will be guest speaker covering the latest news on the Blue Water Agent Orange court situation (Haas decision)

Stardust Radio- dedicated to the men and women (and their families)who serve now and who have served in the past-Fully accessible on your PC-it takes seconds to dwld the plug in- and also toll free number for call ins-

1-877-213-4329

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

My sister-in-law and I both tried to email and it was rejected,I am going to try and call him today. Is this also covering DII or is this just for cancer?

my brother has several lung problems that his primary doctor did not tell him about, but did write in down on the medical papers, as of yet he has not been diagnoised with cancer, but he is having several problems with his upper respitory, He will be going to a pulmanry doctor soon, since we read the medical reports that explains why he is having breathing problems. and John Has some breathing problems which we will be bring up to his doctor at the VA Clinc in two weeks, he does have a lot of problems with broncitis and always needs air.

JohnM's wife Dianne

Thanks for the info, we will be getting in touch with them today

Link to comment
Share on other sites

Gerson Smoger was here in New York on June 18th arguing the veterans AO matter at the Second Circuit Court of Appeals-

He was heard in the AM and stayed for the argument of Nquyen Van Quy-

a Vietnamese national who is suffering along with his family from severe disabilties they attribute to AO dumped on Vietnam.

I have no update on all that yet-

I have posted the situation of Mr. Quy here before at hadit-and I feel this separate case will have impact on all AO vets- only regarding whether Mr. Quy or other Vuetnamese can provide medical evidence from Vietnam (not a VA C & P doc) that their disabilties are due to AO-

in my opinion- I would hope in our lifetimes that other disabilties will be added to the AO presumtive list-it only makes sense that if the Vietnamese medical community can provide strong rational-since out medical community on this issue is dependent on the VA doctors and their experts-

that bonafide medical evidence- whether from Vietnam or the USA could begin the process of adding numerous other conditions to our VA presumptive list.

Unfortunately many Vietnam vets but not all still view the Vietnamese as our enemy-

some of those vets are in high positions in our gov-

the war is over and it is time to start considering the medical situation of Vietnam as to their citizens long term disabilties which My. Quy's lawsuit hopes to prove,with medical rational for the nexus of Agent Orange to thousands of disabled Vietnamese- veteran and civilians alike-

BTW-all presumptives are included in this Smoger suit-

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

The US government's real fear is of a huge liability for the Vietnamese civilians we poisoned with AO. It was not enemy we dumped AO on but farmers, old men, women and kids in S. Vietnam.

Link to comment
Share on other sites

Yeah it contaminated the waterways too and the wells-

in this respect when tankers were filled by the US military for water for bathing etc-if you were lucky enough to even get a shower-and for the washing machines (converted from grass mower engines-ot whatever if you men and women even got to wash your clothes) hopefully all the MASH water was sterilized-

the contaminantation was surely to everyone exposed- American men and women in the military and the Vietnamese-

they sprayed the dense jungles but the enemy was often in the miles of tunned- anyhow- those tunnels had been built when the French were fighting over Vietnam- during the war they had arms rooms, bathrooms, cooking facilities - everything they needed (unlike the caves and tunnels on Surabachi during WWII)

The CCR )Center for Constitutional Rights) is monitoring this lawsuit. They recently stated that these AO cases "are being heard in the context of the current war in Iraq and questions about the use of white phosphorus, depleded uranium,and other chemical agents."

This is why I am so gung ho on the Blue Water AO issue and spend much of my time on that -off of hadit----

it is the same premise- and any victory for any vet with any chemical or herbecide, etc. sarin, radiation, etc etc exposure causing disability-

deserves acknowledgement and compensation for it from the USA (VA).

As you all know better then me-I am a civilian- the Hague Convention pronhibited the use of any weapons that cause unnecessary suffering.

AO was a defiance of the Hague prohibition of 1907 and was re-enf0rced twice by the Geneva convention.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use