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How Hr 6562 Got Hijacked


allan
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<H2 class=date-header>Tuesday, August 26, 2008</H2><H3 class=post-title><A href="http://vnvets.blogspot.com/2008/08/how-hr-6562-got-hijacked.html">How HR 6562 got hijacked </H3>

This is really very simple folks. Below is the text of a fax sent to Congressman Filner by a very interesting group. Blue Water Navy, Fleet Marines, Coast Guard, Blue Sky Air Force, and Thailand-Laos-Cambodia Veterans should take a good look at the signatures under the document. This document persuaded Filner to drop HR 6562, which you have been working very hard to get passed in this term, and stood a good chance of doing, in favor of a much more complicated bill that will be introduced sometime next year, and face many committee hearings, and a very long process, if it gets passed at all.

HR 6562 was designed to right a wrong by the VA: the halt of benefits that were given to the Veterans who served in the above mentioned areas. Filner wanted to restore that eligibility for all those Veterans. Now they must wait 1-2 years, perhaps longer, instead of seeing their claims processed next year.

Here is the complete text of what this group, who operated in secret, convinced Filner to include. [We have edited it lightly to remove some extraneous code]. Note the signers and the section in bold.

Honorable Bob Filner this date of August 20, 2008

A Joint Request for Modification to H.R. 6562, "The Agent Orange Equity Act"

in Coordination with Blue Water Navy (BWN/VVA) and

Herbicide Exposure Legislative Proposal & Promotion Project (HELPPP)

Request for Inclusion #1: We respectfully request that H.R. 6562 be modified to add in the appropriate sections, subsections, and paragraphs the following language to § 1116:

"including the inland waterways, ports, and harbors of the Republic, the waters offshore of the Republic, and the airspace above the Republic"

The inclusion of "ports and harbors" as written above establishes the fact that these areas are to be considered part of the inland waterway system, and not as part of the "waters offshore." - John Rossie, Executive Director, BWNVVA

Request for Inclusion #2. We respectfully request that H.R. 6562 be modified to add in the appropriate sections, subsections, and paragraphs the following language to § 1116:

"including the inland waterways, ports, and harbors of the Republic, the waters offshore of the Republic, and the airspace above the Republic, and in neighboring countries including Thailand, Laos, and Cambodia, and other locations including those in paragraphs (A), (B), and © or received the Vietnam Service Medal, the Vietnam Campaign Medal, the Armed Forces Expeditionary Campaign Medal for Vietnam, or served in combat or direct support of combat operations (alternative phrase "served in a direct combat support role"); during the period beginning on January 9, 1962, and ending on May 7, 1975; and:

(
A) Guam, the Philippines, Taiwan, Okinawa, Panama,

(B) Johnston Island during the period between April 1972 and September 1977,

© Locations listed in "The History of the US Department of Defense Programs for the Testing, Evaluation, and Storage of Tactical Herbicides", December 2006, by Alvin Young for the Office of the Under Secretary of Defense and updated as defined above.
i. In adjudication of claims listed in (A) (B) and © above where records are presumed lost, destroyed, or unavailable, or non-existent, the Secretary's obligation to explain his decisions and to consider the benefit of doubt rule is heightened, and

ii. The Secretary must presume the veteran was exposed during such service to herbicide agents and any other chemical compound in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

Request for Inclusion #3. We respectfully request that H.R. 6562 be modified to add the appropriate sections, subsections, and paragraphs language taken directly from H.R. 5892, Section 111 et al. to § 1116 except as modified:

SEC. 111. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.

(a) Treatment of Beneficiary of Veteran's Accrued Benefits as Claimant for Purposes of Incomplete Claims Upon Death of Veteran - Chapter 51 of title 38, United States Code, is amended by inserting after section 5121 the following new section:

`Sec. 5121A. Substitution in case of death of claimant'

`(a) Substitution- If a veteran who is a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending and awaiting adjudication, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of processing the claim to completion, except that such person may only submit new evidence in support of the claim during the one-year period beginning on the date of the death of the veteran.’ (We ask that a review of Nehmer take place to insure those requirements are met; i.e. that there be no contradiction to the Court rulings and decisions of that case as it applies to section 5121 of title 38 including 38 CFR 3.100.)

`(B) Limitation- Only one person may be treated as the claimant under subsection (a).'

`© Designation of Third Party- If the person who would be eligible to be treated as the claimant under subsection (a) certifies to the Secretary that the person does not want to be treated as the claimant for such purposes, such person may designate the person who would receive the benefits under section 5121(a)(2) upon the death of the person who would otherwise be treated as the claimant under subsection (a) to be treated as the claimant for the purposes of processing the claim to completion.'.

"(B) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5121 the following new item:"

`5121A. Death of claimant."

"© Effective Date- The amendments made by this section shall apply with respect to the claim of any veteran who dies on or after the date of the effective date of this Act."

Requests #2 and #3 are submitted as a consensus opinion of BWN/VVA and HELPPP to clearly specify those locations where veterans were exposed to herbicides (as defined by the law) and to ensure that widows of veterans who have fallen victim to presumed diseases are provided equitable treatment and the same rights afforded their deceased spouses. It is critical to this legislation. - Blue Water Navy/Vietnam Veterans of America and the Herbicide Exposure Legislative Proposal & Promotion Project.

Request for Inclusion #4. We respectfully request that H.R. 6562 be modified to strike from the appropriate legal references in the legislation or the authorization for the concession of exposure to herbicides in areas near the DMZ in Korea and adding:

strike "April 1968, and ending July 1969" and replace with "September 1, 1967, and ending August 31, 1971." for the DMZ in Korea.

The inclusion of "September 1, 1967 and ending on August 31, 1971" as written above establishes the time frames Congress considered for inclusion in H.R. 972- The Civilian Agent Orange Act of 2007; and is already part of M21-1MR, Part IV, Subpart ii, Chapter 2, Section C, paragraph 10 l. - Charles Wayne Kelley, SP5, 2nd Battalion 94th Artillery

Request for Inclusion #5. We respectfully request that the following language be inserted into appropriate legislation as it applies to the activities of federal departments in compliance with the VCAA.

Sec. 5106. Furnishing of information by other agencies

The head of any Federal department or agency shall provide such information to the Secretary and other responsible organizations (JSRRC) as becomes available for any reason or that the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto.

The reference to the VCAA is incorporated to strengthen the access to, release of, and dissemination to appropriate agencies and organizations specifically created to assist veterans in obtaining information pertinent to successfully validating their claim. - Kurt Priessman, "Project CHECO: Base Defense in Thailand", HELPPP.

Submitted by the Undersigned:

Name Position/Organization Residence

Mr. John R. Rossie Executive Director, BWN/VVA Littleton, CO

Mr. Walter Ward Secretary, BWN/VVA Washington, DC

Mr. Jeff Comerchero Council Member, City of Temecula California Temecula, CA

Thailand Veteran

Mr. John C. C. Vincent Owner, PTSD Support Group (8336 US Members) Canada

Mr. Michael A. Moynihan President, Agent Orange Diabetic Victims (AODV) Kimball, MI

Mr. Gary J. Chenett National Director, Order of the Silver Rose Grand Blant, MI

Mr. Kurt Priessman MSgt, USAF (Ret), 70% Disabled AO Victim Vernon, TX

Thailand & Okinawa (˜71-˜76), Korea (˜77-˜81) Veteran

Vietnam Dog Handler's Association (VDHA)

Thailand Vietnam Vets for Equal Treatment (TVVET)

Owner, HELPPP, The Bottom Line

Mrs. Sheila Snyder Home of the Agent Orange "Quilt of Tears" Davenport, FL

President, AO Victims & Widows Support Network, Inc

Mrs. Marilyn Oliver Director, Order of the Silver Rose Toledo, OH

Thailand Vietnam Vets for Equal Treatment (TVVET)

Co-owner, HELPPP

Mr. Jerrel Cook Project 112/SHAD Veteran and Host SVR Radio Joplin, MO

Mrs. Bonnie L. Richards Project 112/SHAD Lincoln, NE Director, Order of the Silver Rose

Name Position/Organization Residence

Mr. Dennis Oliver Korat Thailand Veteran ˜66-˜67 Toledo, OH

Life Member, Veterans of Foreign Wars Member, USARSUPTHAI@Yahoogroups.com

Member, KORATRTAFB@Yahoogroups.com

Mr. Henry Snyder Vietnam Veteran 70% Disabled AO Victim Davenport, FL

Home of the Agent Orange "Quilt of Tears"

Vice President, AO Victims & Widows Support Network, Inc.

Mrs. Ruth E. Roberts-Shepherd Wife of a Vietnam Veteran Summerville, SC

Vietnam Veterans of America

Councilperson, Lincolnville, SC Land & Zoning Commission

Special Investigator (Ret), Office of Special Investigations, Welfare Fraud

Mr. James M. Cripps Vietnam Veterans of America Nashville, TN

Chairperson, Tennessee Agent Orange Committee

Vietnam Veterans of America Chapter 953

Disabled American Veterans, Chapter 3

AMVETS, Chapter 1776

Mr. Elves A. King, III Director, Order of the Silver Rose Wichita Falls, TX

Vietnam Veteran

Brown and Blue Water Navy

Veterans of Foreign Wars

American Legion

Disabled American Veterans

Texas Association of Vietnam Veterans

MOPH, Submarine Veterans, Tin Can Sailors

Mr. William F Fiegel Vietnam Veteran Mt. Prospect, IL Life Member, Veterans of Foreign Wars,

Vietnam Veterans of America

Disabled American Veterans

Director, Order Of The Silver Rose

Jr Vice Commander 2007-2008, VFW

Membership Director, NMSOA

Wooden Ships-Iron Men

Member, PGR

Mr. Michael K. Regan CMSgt, USAF (Ret) Bedford, TX

NKP Thailand Veteran (˜72-˜73)

Vietnam Dog Handler's Association (VDHA)

Mrs. Laura Zolman Director, Order of the Silver Rose Mt Vernon, OH

Wife of a Vietnam Veteran

Mr. Bruce Jasinski MSgt USAF (Ret) Milford, KS

Udorn Thailand Veteran (70 - 71)

Life Member, Air Force Association (AFA)

Name Position/Organization Residence

Mr. Steve Burns Vietnam Veteran Thomasville, GA

Owner, VeteransInfo

Owner, PTSDandTBI

Owner, Christian Veterans and Wives

Owner, AO-Awareness-and-Info

Owner, Veteransvent

Mr. Michael Weldon Saigon Vietnam Veteran (1969) Udon Thani, Thailand

Korat (1966) & U-Tapao (1967) Thailand Vet

Mr. Lonnie Flowers TSgt, USAF (Ret) Bossier City, LA

NKP Thailand Veteran (1971, 73-75)

Life Member, Veterans of Foreign Wars

American Legion

Mr. Randall D. Thomas Sr. MSgt USAF (Ret) Louisville, KY NKP Thailand Veteran

American Legion

Member, Hadit.Com

Ms. Debra Nolan 100% Disabled Veteran Syracuse, NY

Mrs. Aletta Drummond Vietnam Veterans Wife Franklin, MO

Mrs. Maura Northup Vietnam Thailand Okinawa Veterans Widow Starke, FL

Mrs. Norma Capps Thailand Veteran Wife Puryear, TN

Mrs. Marianne Anderson Thailand/Vietnam Veterans Widow Washington, DC

Mrs. Linda Bowlin Thailand Veteran Wife Kingsport, TN

Mr. Wayne L. Anderson Camp Friendship (67-68) Thailand Veteran Cosmos, MN

Camp Samae San (69)

USARPTHAI/Thailand Laos Cambodia (TLC)

Mr. Dan Wilson Vietnam Veteran Ballwin, MO (Rat Patrol Man) Member, Veterans of Foreign Wars

Vietnam Veterans of America

American Legion

Mr. David Adkinson U-Tapao Thailand Veteran (71-72) Milton, FL

Eglin AFB, FL

Gulfport NGB, MS

Mr. James Pomeroy U-Tapao Thailand Veteran (71-72) Gladstone, MI

Okinawa Veteran (73-74)

Vietnam Dog Handler's Association (VDHA)

Name Position/Organization Residence

Mr. James Ziats Ubon Thailand Veteran (70-71) Greensboro, NC

Vietnam Dog Handler's Association (VDHA)

Mr. Tom Troxel Ubon Thailand Veteran (69-70) Twin Cities, MN

Vietnam Dog Handler's Association (VDHA)

Mr. Alejandro Tapiro, Jr. Korat Thailand Veteran (67) Honolulu, HI

Mr. James Mahaffey Ubon Thailand Veteran (71-72) Great Falls, MT

Mr. Sam Huff NKP Thailand Veteran (70-71) Roseburg, OR

Mr. Anthony M Lanzetta Korat Thailand Veteran (66-67) Port Charlotte, FL

Disabled American Veterans

Mr. David Galven U-Tapao Thailand Veteran (72-73) Ripon, CA

Mr. Grady Olmstead Udorn Thailand Veteran (70-71) Nashville, TN

AMVETS Chapter 1776

Mr. Jack Chapman Korat Thailand Veteran (70-71) Kermit, WV

Mr. James Scheider Sakon Nakon Thailand Veteran (70-71) Springfield, IL

Mr. James C. King Udorn Thailand Veteran ('70-'71) Golden, CO

Mr. Leonardo Gilardi lgelati@comcast.net Gloucester, MA

Mr. Steven Fetty sgfetty@aol.com Falls of Rough, KY

Mr. Rex Chapman BWN Orlando, FL

Mr. Phil Hunt Thailand Veteran

Mr. Paul Rops Udorn Thailand Veteran (67-68)

Mr. Michael Domanowski Thailand Veteran

Perry pnjlyn1@yahoo.com Munger, MI

Steve kentbird_47@yahoo.com KS

John Foster john707foster@yahoo.com

James Wallace strawberygrouper@yahoo.com

Sadly, more than a few Veterans from Thailand, Laos and Cambodia who were to be included in HR 6562 this year, have postponed, if not killed their own benefits. As you can see, this is very complicated stuff. Most of it will be unknown to Congress. These people as a group insist that the Blue Water Navy, Blue Sky Air Force, Fleet Marines, Coast Guard, and TLC Veterans not receive their benefit restoration next year, but wait until everyone gets their benefits, if it can get through Congress. I suspect there is language in the above that would prevent it from ever passing. Some of the stuff in the above is in other legislation that has already passed the House of Representatives and is now in the Senate. What a waste.

We trust that this will now put to rest the lies, half-truths, misstatements, denials, and secrecy occuring on another site. The Blue Water Navy folks are a great bunch of people and they certainly did not deserve this from their leadership. We do not believe that their leadership legitimately spoke for them, either, when committing this hijacking.

Nevertheless, at this point the Blue Water Navy, Blue Sky Air Force, Fleet Marines, Coast Guard and Thailand, Laos and Cambodia Veterans dreams of benefits next year are dead.

VNVets "A Veteran's worst enemy is another Veteran" - Anonymous

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I am one of the "hijackers" and have been called other things too-

I am in full support of HELLP and BWNVVA-

True "Equity" will cover every single veteran who was exposed to AO- regardless of where-no one should be left behind-

Why is it when something positive begins to happen for vets -as the result of thousands of man hours of work-by advocate volunteers-

something else often happens to attempt to undo it all.

I am not questioning the posting of this info here- and this vet has started another vets site anyone can join-

but an AO Thailand vet (Kurt Priessman) did extraordinary leg work and research to get VA to confirm AO usage on many AFBs and US Installations in Thailand-

and no one has hijacked HR 6562-

it has been enhanced to be fair ,all-inclusive, and 'Equitable'.

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Well Berta, I just might be one of the hijackers too, If you really want to play detective I suggest that you compare my user name to the list of signatures on the list.

There are people who are more prone to conform to the whims of human nature than others. The kind of person to whom I refer to here is the occupant of the storm cellar who, just before the tornado, slams and bolts the hatch for self preservation. He delivers up his neighbors to the wrath of the storm, and can actually justify his deed to himself. That is exactly what this disgruntled person is trying to do to fellow veterans, yet he calls us hijackers?

Thamks, James Cripps

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ALLAN: I thank you for your inclusion in your list of those who support (HIJACKED) the amended H.R. 6562 . I never thoght of myself as an obstructionist; then again I never buy a half loaf of bread either.. I am proudly from the state of Kenucky and our state flag is embroiderd with the motto "UNITED WE STAND,DIVIDED WE FALL". We must all stand together for the common good.....

From you list in your post:

Mr. Randall D. Thomas Sr. MSgt USAF (Ret) Louisville, KY NKP Thailand Veteran

American Legion

Member, Hadit.Com

Edited by rthomass
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Hello All, So as not to cloud the water or the country and will use my title to voice my opinion.......EXPOSURE IS EXPOSURE , no barriers, no lines no countries . If it was used in the US,,,,ITS EXPOSURE, IF ITS USE IN ALASKA, ITS EXPOSURE, IF IT S USED IN UPSTATE NEW YORK < ITS EXPOSURE, IF It used in Texas,, IF its used in Colorado , If its used on the face of the EARTH,,,,THERE IS EXPSOURE......I am tired of someone getting mad........EXPOSURE IS EXPOSURE . I dont care where it is.The HR 5954 same thing....If you used it there or anywhere , its exposure Mr. Thompson. and no its at least a start aint a going to cut it. Anyone near or stationned with or participated is automaticly in.....yes exposed. Write the bills right the first time not a little here then in 5 yrs we will get if expanded maybe. Just bring them on and vote them in ...plain and simple....thats how I got my name ....No not plain and simple......Capt. Contaminate.......Mr. Exposure is the civilian part of . Take a deep breath ,,,,,,in with the exposed air , out with bad,,,in with the exposed air out with the basd. Take a few more deep freaths everyone....you can doit. Your now exposed......Now get over it . God Bless, C.C.

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