Project Shad And Project 112 Veterans

[Tbird]

VA Supports "Project SHAD" Veterans

October 11, 2002

(Printable Version)

WASHINGTON – Veterans who believe they may have been exposed to dangerous substances as part of the military's "Project SHAD" or "Project 112" tests are encouraged to come to the Department of Veterans Affairs (VA) for a medical evaluation.

"VA's direct efforts on behalf of these veterans go back two years, when we asked the Defense Department to declassify information about the tests," said Secretary of Veterans Affairs Anthony J. Principi.

"VA is committed to helping the veterans of Project SHAD, Project 112 and all veterans who believe their military service has left them with medical problems," he added.

On Oct. 9, the Department of Defense (DoD) released declassified reports about 28 sea- and land-based tests of chemical and biological materials known collectively as "Project 112." They were conducted during the 1960s and early 1970s. DoD had previously declassified reports for 12 other tests.

The tests were designed to determine the vulnerability of U.S. warships to attacks with chemical or biological warfare agents. Other Project 112 tests involved similar tests conducted on land rather than aboard ships.

VA has already undertaken a number of efforts to help these veterans:

As DoD provides VA with personnel rosters of service members involved in tests, VA officials try to find the current addresses of veterans. So far, approximately 1,300 veterans have been notified by VA about their potential exposure and informed about VA programs to help them.

Since December 2000, VA has offered medical evaluations to veterans concerned about whether the tests have affected their health.

Fifty-five veterans have applied for VA disability compensation because they believe their medical problems are related to Project SHAD. Thirteen of the fifty-five receive VA disability compensation for medical problems unrelated to Project SHAD.

On Oct. 8, VA announced that it has awarded a $3-million contract to the Institute of Medicine for a three-year study of the health of Project SHAD veterans.

Information about VA's efforts on behalf of veterans of Project SHAD and Project 112 is available on the VA Internet site at http://www.va.gov/SHAD.

Veterans who want information about obtaining a medical evaluation or filing a claim for disability benefits, may call the SHAD Helpline at 800-749-8387 or send an e-mail to VA at SHADHELPLINE@vba.va.gov.

People wishing to receive e-mail from VA with the latest news releases and updated fact sheets can subscribe to the VA Office of Public Affairs Distribution List.

[Testvet]

110TH CONGRESS

2D SESSION H. R. 5954

To amend title 38, United States Code, to provide veterans for presumptions

of service connection for purposes of benefits under laws administered

by Secretary of Veterans Affairs for diseases associated with service

in the Armed Forces øand Project 112, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. THOMPSON of California introduced the following bill; which was referred

to the Committee on April 30, 2008

A BILL

To amend title 38, United States Code, to provide veterans

for presumptions of service connection for purposes of

benefits under laws administered by Secretary of Veterans

Affairs for diseases associated with service in the

Armed Forces øand Project 112¿, and for other purposes.

1 Be it enacted by the Senate and House of Representa2

tives of the United States of America in Congress assembled,

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[Discussion Draft] H.L.C.

1 SECTION 1. PRESUMPTIONS OF SERVICE CONNECTION FOR

2 PURPOSES OF BENEFITS UNDER LAWS AD3

MINISTERED BY SECRETARY OF VETERANS

4 AFFAIRS FOR DISEASES ASSOCIATED WITH

5 SERVICE IN THE ARMED FORCES øAND

6 PROJECT 112¿.

7 (a) PRESUMPTION OF SERVICE CONNECTION.—Sub8

chapter I of chapter 11 of title 38, United States Code,

9 is amended by adding at the end the following new section:

10 ‘‘§ 1119. Presumptions of service connection for dis11

eases associated with Project 112

12 ‘‘(a) PRESUMPTION OF SERVICE CONNECTION.—(1)

13 For purposes of section 1110 of this title, and subject to

14 section 1113 of this title, each disease, if any, described

15 in paragraph (2) shall be considered to have been incurred

16 in or aggravated by service referred to in that paragraph,

17 notwithstanding that there is no record of evidence of such

18 disease during the period of such service.

19 ‘‘(2) A disease referred to in paragraph (1) is any

20 diagnosed disease that—

21 ‘‘(A) the Secretary determines in regulations

22 prescribed under this section to warrant a presump23

tion of service connection by reason of having an in24

creased incidence of exposure to a biological, chem25

ical, or other toxic agent known or presumed to be

26 associated with service in the Armed Forces during

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[Discussion Draft] H.L.C.

1 which the veteran was subjected, directly or indi2

rectly, to øa chemical or biological warfare test or

3 project under Project 112¿; and

4 ‘‘( becomes manifest within the period, if

5 any, prescribed in such regulations in a veteran who

6 served on active duty and was subjected, directly or

7 indirectly, to a chemical or biological warfare test or

8 project under Project 112 and by reason of such

9 service was exposed to such agent.

10 ‘‘(3) For purposes of this subsection, a veteran who

11 served on active duty and was subjected, directly or indi12

rectly, to a chemical or biological warfare test or project

13 under Project 112 and has a disease described in para14

graph (2) shall be presumed to have been exposed by rea15

son of such service to a biological, chemical, or other toxic

16 agent associated with the disease in the regulations pre17

scribed under this section unless there is conclusive evi18

dence to establish that the veteran was not exposed to the

19 agent by reason of such service.

20 ‘‘(B) DETERMINATION OF PRESUMPTION OF SERVICE

21 CONNECTION.—(1)(A) Whenever the Secretary makes a

22 determination described in subparagraph (B), the Sec23

retary shall prescribe regulations providing that a pre24

sumption of service connection is warranted for the dis-

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[Discussion Draft] H.L.C.

1 ease covered by that determination for purposes of this

2 section.

3 ‘‘(B) A determination referred to in subparagraph

4 (A) is a determination based on sound medical and sci5

entific evidence that a positive association exists be6

tween—

7 ‘‘(i) the exposure of humans or animals to a bi8

ological, chemical, or other toxic agent known or

9 presumed to be associated with service in the Armed

10 Forces during which the veteran was subjected, di11

rectly or indirectly, to a chemical or biological war12

fare test or project under Project 112; and

13 ø‘‘(ii) the occurrence of a diagnosed disease in

14 humans or animals.¿

15 ‘‘(2)(A) In making determinations for purposes of

16 paragraph (1), the Secretary shall take into account all

17 sound medical and scientific information and analyses

18 available to the Secretary.

19 ‘‘(B) In evaluating any report, information, or anal20

ysis for purposes of making such determinations, the Sec21

retary shall take into consideration whether the results are

22 statistically significant, are capable of replication, and

23 withstand peer review.

24 ‘‘(3) An association between the occurrence of a dis25

ease in humans or animals and exposure to a biological,

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[Discussion Draft] H.L.C.

1 chemical, or other toxic agent shall be considered to be

2 positive for purposes of this subsection if the credible evi3

dence for the association is equal to or outweighs the cred4

ible evidence against the association.

5 ‘‘© REMOVAL OF PRESUMPTION.—Whenever the

6 presumption of service connection for a disease under this

7 section is removed under subsection (B)—

8 ‘‘(1) a veteran who was awarded compensation

9 for the disease on the basis of the presumption be10

fore the effective date of the removal of the pre11

sumption shall continue to be entitled to receive

12 compensation on that basis; and

13 ‘‘(2) a survivor of a veteran who was awarded

14 dependency and indemnity compensation for the

15 death of a veteran resulting from the disease on the

16 basis of the presumption before that date shall con17

tinue to be entitled to receive dependency and in18

demnity compensation on that basis.

19 ‘‘(d) PROJECT 112 DEFINED.—In this section, the

20 term ‘Project 112’ means the chemical and biological

21 weapons vulnerability-testing program conducted by the

22 Department of Defense or any other Federal agency or

23 federally funded entity through the Deseret Test Center

24 and other similar facilities from approximately 1963 to

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[Discussion Draft] H.L.C.

1 1973, including the Shipboard Hazard and Defense

2 Project (Project SHAD).’’.

3 (B) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by adding

5 at the end of the items relating to subchapter I the fol6

lowing new item:

‘‘1119. Presumptions of service connection for illnesses associated with service

in support of chemical or biological warfare tests or projects.’’.

7 SEC. 2. REGULATIONS, PERSONNEL RECORDS, AND RE8

PORT CONCERNING PROJECT 112.

9 (a) REGULATIONS.—Not later than 180 days after

10 the date of enactment of this Act, the Secretary of Vet11

erans Affairs shall prescribe regulations to notify all vet12

erans potentially exposed to any biological or chemical

13 øagent, simulant, tracer, or decontaminant¿ during

14 Project 112 øof such potential exposure¿.

15 (B) PERSONNEL RECORDS.—Not later than 30 days

16 after the date of enactment of this Act, the Secretary of

17 Defense shall transmit to the Secretary of Veterans Af18

fairs all records of active duty personnel and reservists po19

tentially, directly or indirectly, exposed to øsuch sub20

stances already listed/exposed to any biological or chemical

21 øagent, simulant, tracer, or decontaminant?¿¿.

22 © REPORT.—Not later than 1 year after the date

23 of enactment of this Act, the Secretary of Defense, in con24

sultation with the Secretary of Veterans Affairs, shall sub-

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[Discussion Draft] H.L.C.

1 mit to Congress a report concerning Project 112. The re2

port shall—

3 (1) document the costs, benefits, and challenges

4 associated with continuing the search for additional

5 Project 112 participants;

6 (2) provide a full accounting of all information

7 known concerning Project 112 participants; and

8 (3) address other concerns regarding Project

9 112 held by the Department of Veterans Affairs,

10 veterans, or veterans service organizations.

11 (d) PROJECT 112 DEFINED.—In this section, the

12 term ‘‘Project 112’’ means the chemical and biological

13 weapons vulnerability-testing program conducted by the

14 Department of Defense or any other Federal agency or

15 federally funded entity through the Deseret Test Center

16 and other similar facilities from approximately 1963 to

17 1973, including the Shipboard Hazard and Defense

18 Project (Project SHAD).

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[Jerrel]

Please support the Legislation H.R. 5954 we need this Legislation in order

that much needed relief can be provided for Veterans and their Families.

By supporting H.R. 5954 you will be helping to right a wrong so please do not

hesitate.

http://www.freespeechcoalition.org/reach.htm

http://cbs5.com/video/?id=32832@kpix.dayport.com

http://cbs5.com/investigates/project.shad....n.2.714986.html

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Jerrel svr