Thailand Agent Orange Claim Awards ?

[rthomass]

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

May 6, 2009

Director (00/21)

All VA Regional Offices and Centers Fast Letter 09-20

SUBJ: Developing for Evidence of Herbicide Exposure in Haas-Related Claims from

Veterans with Thailand Service during the Vietnam Era

Purpose

The enclosed document will serve as a substitute for an individual response from the Agent

Orange Mailbox (VAVBAWAS/CO/211/AGENTORANGE). When regional office

personnel receive claims based on herbicide exposure from veterans who served in

Thailand during the Vietnam era, they should place the enclosed document in the claims

folder rather than sending an inquiry to the Agent Orange Mailbox.

Background

While the Haas case was pending, the Court of Appeals for Veterans Claims stayed the

processing of certain disability claims based on herbicide exposure. The stay affected a

large number of veteran claimants with service in Thailand during the Vietnam era.

Thailand was a staging area for aircraft missions over Vietnam, and many veterans who

assisted with these missions received the Vietnam Service Medal (VSM) for their support

of the war effort. Disability claims from those veterans who received the VSM for

Thailand service, but who did not set foot in the country of Vietnam, were placed under the

Haas stay. With the lifting of the stay, these claims require development and adjudication.

M21-1MR, Part IV, Subpart ii, Chapter 2, Section C, Topic10, Block n, specifies that

claims based on herbicide exposure outside Vietnam require sending an e-mail inquiry to

the Agent Orange Mailbox for review of the Department of Defense (DoD) inventory

listing the herbicide use, testing, and storage sites. The inquiry may lead to evidence

supporting the claimed exposure. If the Agent Orange Mailbox inquiry cannot provide

probative evidence, the next step is sending an inquiry to the Army and Joint Services

Records Research Center (JSRRC). To facilitate a timely resolution of claims from

veterans with Thailand service, the Compensation and Pension Service, in conjunction

with DoD, has developed a document for inclusion in the claims file that will substitute for

an individual response from the Agent Orange Mailbox.

Page 2.

Director (00/21)

Regional Office Action

When developing herbicide-related disability claims from veterans with Thailand service

during the Vietnam era, regional offices will no longer send inquiries to the Agent Orange

Mailbox. Instead, a copy of the enclosed response document is placed in the veteran’s file.

This response document contains input from DoD and is intended to cover general claims

of exposure as well as a number of specific exposure claims. If the herbicide exposure

issue can be resolved based on this document, then no further development action is

necessary. If not, and sufficient information has been obtained from the veteran, send an

inquiry directly to JSRRC following its guidelines. If sufficient information cannot be

obtained from the veteran to meet JSRRC guidelines, produce a formal memo for the file

documenting efforts to obtain information, then forward the claim to the rating activity.

Questions

Questions about this fast letter should be e-mailed to:

VAVBAWAS/CO/211/AGENTORANGE

/S/

Bradley G. Mayes

Director

Compensation and Pension Service

Enclosure:

1. Memorandum for the Record: Herbicide use in Thailand during the Vietnam Era

See Kurt Priessman report on "HERBICIDE USE IN THAILAND" http://veteransinfo.tripod.com/AO%20Thaila...s/herbicide.pdf

[kpriessman]

Thanks Pete, I wish I did also. Wonder sometimes how we vets survive the constant attempts of the DVA to deny legitimate claims. I think this one is a win for us, since I always try to have a powerful ally to show them they can't always get away with it.

Kurt:

Always nice to see your posts. Wish you were here more often as I think that you can really be helpful to Hadit Members.

[Stretch]

Thanks Kurt.....

[rthomass]

Hello all this is rthomass. I stated this thread based on information from my lawyer in Tempe Arizona. I have been in this fight since January 10, 2005. I am on my way back to the United States Court of appeals for Veterans Claims. In my claim I have Msgt Priessman's complete Checo report (most thankful to him) four buddy statements and a BVA favorable decision they granted to a fellow Vet that was stationed at Nakhon Phanom , Thailand from August 1969 to August 1970. I was stationed there at the exact same time. With all this proof I am losing all the hope I ever had. I am getting sicker; can't sleep; mental outlook deteriorating. Hell of a way to end life after serving my country for over twenty years!

I ask for no help! I no longer believe there is any. The VA Benefits system and those in charge of my country are non caring....only concerned about the costs of claims,,,,truth ?

[kpriessman]

RThomas;

While we may not believe it, what the VA is saying is that if you worked on the perimeter, then you might have been exposed. I understand your frustration, but no one has found anymore evidence than what I had declassified. I feel it would be almost impossible to claim exposure through food or water despite evidence that would suggest this. Try Item 0318 from the Alvin Young Agent Orange Collection, Letter to Mrs Cleary.

K9USAFRet

Hello all this is rthomass. I stated this thread based on information from my lawyer in Tempe Arizona. I have been in this fight since January 10, 2005. I am on my way back to the United States Court of appeals for Veterans Claims. In my claim I have Msgt Priessman's complete Checo report (most thankful to him) four buddy statements and a BVA favorable decision they granted to a fellow Vet that was stationed at Nakhon Phanom , Thailand from August 1969 to August 1970. I was stationed there at the exact same time. With all this proof I am losing all the hope I ever had. I am getting sicker; can't sleep; mental outlook deteriorating. Hell of a way to end life after serving my country for over twenty years!

I ask for no help! I no longer believe there is any. The VA Benefits system and those in charge of my country are non caring....only concerned about the costs of claims,,,,truth ?

Item_00318_Letter_to_Mrs._Cleary_Highlighted.pdf

[rthomass]

Kurt, I pointed out to the BVA that I worked in Contracting and Purchasing. I was the Chief of Operations for the Procurement Office. Although my main job did not entail construction contracts I did participate in some inspections and one of those projects was on the perimeter of NKP....surprise....surprrise. Besides I bet if we got full declassification of the Checo report we would probably find out that soil sterilization took place as the Thailand Bases were built.

[rthomass]

You know Kurt i was wondering how much it would cost for a full newspaper page open letter in the Washington Post. The Agent Orange; Thailand problem could be set forth ins such a concise manner as to educate all citizens and upset to no end the President, Congress' and most of all the VBA. Kurt I am serious. I'll check on the cost today. With your knowledge we just might break something loose; especially it the media picked it up Nation wide.

Regards

Randall