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Commission Review (presumptive Disorder Process)



  • HadIt.com Elder

fwd from Kelly

Commission Review (Presumptive Disorder Process)

Review of the Disability Commission Report

Dear Mr.

I am attaching my very expedient review of the Disability Commission Report in order to get the review submittted. Many of the issues are good but some are catastrophic, especially the IOM/VA that it is of one philosophy of putting the word “causation†back into presumptive disorder establishment. This is wrong.

As you know from my previous submittals this is not required by law or congress. Veterans have won that battle already and do not need to fight this all over again. Biological plausibility is one thing but causation is something science itself cannot prove in over 150 years of research.

You will also note the IOM’s own admittance of confusion in this process since 1991. Yet, they did not go back to congress for clarification of what congress or the law intended. Clearly, it seems that once again for the past 16 years, Veterans and/or Widows have not gotten a fair assessment in this process in many disorders created by exposures to the rainbow of herbicides.

You will also note the IOM contract by VA was for more than just finding of a “significant correlation†or “increased risk of incidence.†It is no wonder IOM has received the criticism they have by the Veterans Community in what are obvious herbicides connections denied by IOM. Once this happens then VA and VA raters along with the BVA judges have used those false IOM statements as legal statements to reject claims as presumptive.

This is nothing but fraudulent activity and Veterans Affairs, having been the IOM contractor, has to know this is outside the scope of what the courts ruled as well as what the Congress has clearly stated and mandated.

Therefore, no different than the Veterans Affairs Committee on Environmental Hazards (VACEH) that operated from 1979 to 1991 in this presumptive issue with the same confusion as to what constitutes a presumptive disorder we have not gotten a fair assessment of our associated health issues, which would then be Service Connected.

In cumulative total, we have not received a fair assessment for at least 28 years. I would submit to the congress this is not a mistake or was it done by happenstance.

With the other data I have submitted previously as to the actions of VA and of the White House and what is discussed in this letter and review, the conclusion must be made:

This has been a deliberate and an orchestrated discernible pattern, if not outright governmental collaboration, to deny compensation and service connection to Vietnam Veterans and Widows for death and disabilities associated with exposures to the Rainbow Herbicides with many toxic chemicals associated at unprecedented toxicity and application rates.

Congress must make this right by our Veterans and their surviving spouses ASAP.

I also have this review posted at:



Charles Kelley

DMZ Vietnam 67-68

Veteran Advocate


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