Korea Agent Orange Vets

[Berta]

Source -email from VA Media:

WASHINGTON - Veterans exposed to herbicides while serving along the

demilitarized zone (DMZ) in Korea will have an easier path to access

quality health care and benefits under a Department of Veterans Affairs

(VA) final regulation that will expand the dates when illnesses caused

by herbicide exposure can be presumed to be related to Agent Orange.

"VA's primary mission is to be an advocate for Veterans," said Secretary

of Veterans Affairs Eric K. Shinseki "With this new regulation VA has

cleared a path for more Veterans who served in the demilitarized zone in

Korea to receive access to our quality health care and disability

benefits for exposure to Agent Orange."

Under the final regulation published today in the Federal Register, VA

will presume herbicide exposure for any Veteran who served between April

1, 1968, and Aug. 31, 1971, in a unit determined by VA and the

Department of Defense (DoD) to have operated in an area in or near the

Korean DMZ in which herbicides were applied.

Previously, VA recognized that Agent Orange exposure could only be

conceded to Veterans who served in certain units along the Korean DMZ

between April 1968 and July 1969.

In practical terms, eligible Veterans who have specific illnesses VA

presumes to be associated with herbicide exposure do not have to prove

an association between their illness and their military service. This

"presumption" simplifies and speeds up the application process for

benefits and ensures that Veterans receive the benefits they deserve.

Click on these links to learn about Veterans' diseases associated with

Agent Orange exposure

<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/disea

ses.asp> at

http://www.publichealth.va.gov/exposures/agentorange/diseases.asp and

birth defects in children of Vietnam-era Veterans

<http://www.publichealth.va.gov/PUBLICHEALTH/exposures/agentorange/birth

_defects.asp> at

http://www.publichealth.va.gov/exposures/agentorange/birth_defects.asp.

VA encourages Veterans with covered service in Korea who have medical

conditions that may be related to Agent Orange to submit their

applications for access to VA health care and compensation as soon as

possible so the agency can begin processing their claims.

Individuals can go to website

http://www.vba.va.gov/bln/21/AO/claimherbicide.htm

<http://www.vba.va.gov/bln/21/AO/claimherbicide.htm> to get a more

complete understanding of how to file a claim for presumptive conditions

related to herbicide exposure, as well as what evidence is needed by VA

to make a decision about disability compensation or survivors benefits.

Additional information about Agent Orange and VA's services for Veterans

exposed to the chemical is available at

www.publichealth.va.gov/exposures/agentorange

<http://www.publichealth.va.gov/exposures/agentorange/> .

The regulation is available on the Office of the Federal Register

website at http://www.ofr.gov/.

# # #

(please pass this on to any possible AO vet who served in Korea during this new time frame.)

[bobbyq]

Berta, just to let you know I have two such claims in the works now and I am awaiting a decision. I will let you know if they come through, both vets were in Korea in '68 and were on the DMZ where A/O was used and they have the medical problems, diabetes etc.

[Berta]

Great!

I recall a vet we had here quite some time back who ad an AO presumptive and right unit but didnt fit into the old date criteria.Havent found his posts yet and forget who he was.

This is a biggy for any AO Korean vet denied in the past for an AO as Nehmer would kick in on their retro.

I wonder how the heck these vets will even find out about this new reg unless they come here -only one other vet site posted this news on the net a little while ago.

I sent it to advocates to pass it around.

[Berta]

Comments here from email from Charles Kelley- advocate extraordinaire!

I posted the new regs in Claims Research as well as the AO forum and Kelley's comments here so it can readily be seen by any affected Korea vets or widows as Kelley's concerns are with too:

Korean Agent Orange Update

Thanks to Paul Sutton for sending this in.

http://agentorangezone.blogspot.com/2011/01/new-va-rule-eases-path-for-korea-vets.html

"Today, the federal Department of Veterans Affairs (VA) adopted a new rule that makes it easier for veterans exposed to herbicide along the demilitarized zone in Korea (DMZ) to receive health care benefits. The rule becomes effective on February 24, 2011, and would apply to benefits claims received by the VA on or after February 24th and to those pending before the VA, the Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit on February 24th.

Under the old rule, only veterans of certain units could receive benefits and that was limited to those units along the DMZ, which separates North and South Korea, between April 1, 1968, and July 31, 1969, where herbicides, like Agent Orange, were used. The new rule extends the time period from April 1, 1968, through August 31, 1971, and would presume that veterans were exposed to herbicides during that time period unless affirmative evidence to the contrary can be presented to overcome this presumption, such as documentation that the veteran was on leave from his or her unit during this period of time."

As most of you know this was and has been one of my pet issues with both our do nothing ‘cover up congress’ and the VA after the Veteran David Hill demise and fight with VA. Every time I went up to present or offer suggestions I always brought up this inexcusable lack of government/VA logic except for programmed budget control and the fact that civilian contractors were awarded until 1971 NOT 1969. And the fact that Vietnam Veterans were awarded until 1975 even though the spraying was discontinued according to all the so-call ‘government experts’ in 1971.

Absolutely no logic here at all.

Although now we know the half life of these chemicals is far greater than previously stated or environmentally characterized with the Hatfield study and the fact they are sending millions to clean up areas in Vietnam that are still toxic today.

I have often wonder if the characterization of half life ‘in the body’ is also that mischaracterized and in some cases even measurable to the level it takes to create damage.

What is even more amazing is that Senators Webb and Akaka did not call for a VA hearing with an explanation as to why the additional coverage. I mean after all fatigues and utilities double as environmental protection suits compared to the civilian clothing worn by government contractors. Since they both are so adapt at questioning long overdue justice for the Toxic Chemical Era Veteran and Widow.

Yea… I know I am a tad bit cynical… but the whole issue has been on the table for years now with data, facts, and logic; and just now they admit it and change the rules - too late for many of our fellows. Our congress did nothing when presented the facts.

Hopefully our widows will get the word somehow and file for their benefits.

I am quite sure that many were turned away by VA as it would do no good to file under the old rules and they are no longer with us.

I still think the dates should be earlier but at least Veterans got what the civilians get - FINALLY.

Best to all,

Kelley

(PS link to Hatfield study is available here under a search)

[Teac]

Left me hanging , I missed the cutoff by 32 days...

[3 years to retire]

Hello all.

My brother has a claim in on this subject. We are waiting for a DRO review now. The new regulations will not hurt his case, that is for sure.

The way I read the news release, not only did it change the dates set by the VA for the claims, but also, it seems to relax - or open the door to relax the exact area that the Vet was located. In the past, the vet seem to had to be assigned to specific units, etc, on the DMZ, from what I read the new rules stated that the vet had to serve on the DMZ zone or in the area. "to have operated in an area in or near the Korean DMZ in which herbicides were applied. " I am hoping that this allows the Vets a better chance to prove their claim...

of course I could be Very wrong in my thinking....

VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange in Korea

January 25, 2011

Printable Version

Need Viewer Software?

VA Publishes Final Regulation to Aid Veterans Exposed

to Agent Orange in Korea

Will Provide Easier Path to Health Care and Benefits

WASHINGTON – Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange.

“VA’s primary mission is to be an advocate for Veterans,” said Secretary of Veterans Affairs Eric K. Shinseki “With this new regulation VA has cleared a path for more Veterans who served in the demilitarized zone in Korea to receive access to our quality health care and disability benefits for exposure to Agent Orange.”

Under the final regulation published today in the Federal Register, VA will presume herbicide exposure for any Veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied.

Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969.

In practical terms, eligible Veterans who have specific illnesses VA presumes to be associated with herbicide exposure do not have to prove an association between their illness and their military service. This “presumption” simplifies and speeds up the application process for benefits and ensures that Veterans receive the benefits they deserve.

Click on these links to learn about Veterans' diseases associated with Agent Orange exposure at http://www.publichealth.va.gov/exposures/agentorange/diseases.asp and birth defects in children of Vietnam-era Veterans at http://www.publichealth.va.gov/exposures/agentorange/birth_defects.asp.

VA encourages Veterans with covered service in Korea who have medical conditions that may be related to Agent Orange to submit their applications for access to VA health care and compensation as soon as possible so the agency can begin processing their claims.

I have visited this site to keep up with the news, but have not posted for a while.

Ms. Berta has always been very helpful in the past and I have tried to keep up with her postings when I do get a chance to visit the forum.

So good luck to all and will keep in touch while we wait for the DRO decision.

[Berta]

You made an interesting point but I have a different take:

The VA January 2011 Press Release states this:

WASHINGTON - Veterans exposed to herbicides while serving along the

demilitarized zone (DMZ) in Korea will have an easier path to access

quality health care and benefits under a Department of Veterans Affairs

(VA) final regulation that will expand the dates when illnesses caused

by herbicide exposure can be presumed to be related to Agent Orange.

"VA's primary mission is to be an advocate for Veterans," said Secretary

of Veterans Affairs Eric K. Shinseki "With this new regulation VA has

cleared a path for more Veterans who served in the demilitarized zone in

Korea to receive access to our quality health care and disability

benefits for exposure to Agent Orange."

No AO was sprayed actually on the DMZ.

The press release adds:

“Under the final regulation published today in the Federal Register, VA

will presume herbicide exposure for any Veteran who served between April

1, 1968, and Aug. 31, 1971, in a unit determined by VA and the

Department of Defense (DoD) to have operated in an area in or near the

Korean DMZ in which herbicides were applied. “

As far as I know there is no further expansion of the area in question except for the words “in an area in or near the Korean DMZ”

The word “near" is now also wording in the Thailand C & P Bulletin for Thailand veterans due to our very own hadit member,Kurt Priessman.

What VA has failed to do is define “near”in detail which I believe means in close proximity to the 151 mile long swath along the southside of the Civilian Control line.

I gave a vet friend recently a very old map of Korea.But it had nothing to do with a VA claim-we both have map collections.But I thought of these regs when I gave it to him. I suggest that any vet who served 'near” the DMZ get a good map of the area to pinpoint somehow to the VA where they believe they actually were and to highlight where their Camp was if the VA denies their claim under this new regulation.

The dates and the expanded unit list have tried to cover Korean vets who were exposed.

If the unit list and dates match up -the VA would then need very clear and convincing evidence that the vet was not exposed to AO -in my opinion.

There is more info and discussion on Korean vets in our AO forum.

The dates were expanded but not any perimeter- that is covered by the unit list.VA knows where these units were in Korea and where they went in relation to where the Civilian Control line was.

Edited February 3, 2011 by Berta