Where Can I Find?

[Ascomdepot68]

Where can I can "Veterans Service Center Managers' call agenda from May 2010" which relates to not forwarding Korea exposure claims to AO mailbox?

Used "search" here but did not come up with it. Thanks.

[Berta]

I don't know what you mean here by a 'call agenda'.

This BVA decision, coming in July 2010, would have incorporated any May 2010 changes in adjudication of these claims.

The veteran was denied and the BVA rationale for denial complied with the regulations.

The veteran certainly had the right to appeal to the CAVC.

http://www.va.gov/vetapp10/files3/1024288.txt

This is the most recent press release and statement from VA regarding AO Korea vets that I am aware of:

http://www.usasa.us/ao-0713_001.pdf

[Ascomdepot68]

Berta

Thanks for the response;

I don't know what they mean either, I copied from an email from one VA employee to another VA employee.

The email was included in my copy of c-file that I requested.

Without giving out any names, here is the text of the email.

Sent , Wednesday February 16, 2011

Subject: Korea

"Please see the new regulation published last month. Section 3.307 )a) (6) (iv) was added :

iv. A veteran who during active military, naval or air service served between April 1, 1968, and

Ausgust 31, 1971 in a unit that, as determined by the Department of Defense, operated in or

near the Korean DMZ, in an area in shich herbicides are known to have been applied during

that period, sheall be presumed to have been exosed during such service to an herbicide

agent unless there is affirmative evidence to establish that the veteran was not exposed to any

such agent during that service

Also, please see the Veterans Service Center Manager's call agenda from May 2010 which says

that these Korea expoxure claims are not to be sent to the AO mailbox.The only difference

or addition to the VSCM call is that the dates above are the new dates to use when

determining Korean exposure."

It was sent by an C&P employee outbased in St Petersburg FL in reply to the email below:

"Please review DoD's inventory of herbicied ioperations to determine whether herbicides were

used as alleged.

Veteran's Information (redacted for this message)

The veteran alleges exposure to herbicides while assigned to HHC & HQ Compay USA

ASCOM Depot, APO San Francisco 96220 in Korea from March 25, 1968 to March 27, 1969.

The veteran states he came in contact with Agent Orange when he examined/handled

damaged containers/ A review of the veteran's personnel records shows that he was assigned to

HHC USA Ascom Depot (5757) APO 96220 from March 28, 1968 to March 27, 1969. If

additional ifnormation is needed please contact me."

I have several problems with this exchange and the general procedures followed.

#1 I am trying fo prove direct exposure at a place in Korea not on the DMZ.

#2 This and other messages use words like "operation" , "use", "spraying"

etc when the VA "looks" internally and elsewhere for info. I am merely

attempting to show that AO was "stored" and "spilled" there, nothing else.

The top email from the AO mailbox was in response to the lower email sent by a member of

the Nehmer Adjudication (NDN team) St petersburg Regional Office. The outbased VA

employee at the AO mailbox was at the St Pete RO also.

For the first 8 months of my claim I was mistakenly classed as a Nehmer case apparently

because someone early on did not understand Korea is not in Vietnam and even

despite being told in writing by a VA employee that I was not a 681 but a 110 I was still

classed as 681 as late as 02/14/2011.

I was denied my claim for IHD due to exposure to AO at ASCOM Depot which was about

18 miles south of the DMZ, 5 miles east of Inchon, and about 12 miles west of Seoul.

ALL the AO in Korea came thru there whether from Inchon or Kimpo. The government

has long destroyed the records, given AlLL the depot proper back to Korea, and thus

far refuses to admit the reality of the situation- the AO and other herbicides used on

the DMZ and elsewhere did not appear magically in a backpack.

If you have any idea of where or how I can locate whatever they are talking about please

let me know, I would appreciate it. -VSCM call agenda from May 2010

[Berta]

I suggest you email NVLSP-their AO lawyers are at this addy-

agentorange@nvlsp.org.

and tell them of these emails etc and ask them about the call agenda."

[Berta]

I also suggest doing what the BVA remanded this ASCOM AO vet's claim for:

a) Verify with personnel records the

approximate dates and locations in which

the veteran served while in Korea, and

furnish a detailed description of the

veteran's claimed exposure, while

stationed with the 21st Finance Section,

APO SF 96220 in Korea, to C&P service via

e-mail at VAVBAWAS/CO/211/AGENTORANGE and

request a review of DoD's inventory of

herbicide operations to determine whether

herbicides were stored, transported, or

used as alleged.

b) If a negative response is received

from the C&P Service, the RO should submit

a request to JSRRC for verification of

exposure to herbicides based on the

veteran's allegations as outlined in the

claims folder and as summarized above.

http://www.va.gov/vetapp08/Files4/0832254.txt

This ASCOM AO vet's claim too might reveal something in what the remand called for that could help you:

http://www.va.gov/vetapp10/Files4/1038571.txt

What I mean is that I fully believe that in most cases, if a vet gets a remand- they have a key to satisfying the remand themselves (which I did for my last claim)

These remands contain reference to JSRRC as well as requests directly from the DOD.

I never believe what VARO says regarding what the DOD said or didnt say-as to these requests.

If you dig into some more research (as Kurt Priessman -the FIRST AO Thailand vet did) you might end up with a strong argument for your claim.

Have you contacted JSRRC yourself?

Also (their number is here somewhere and I understand they might still have a search service for a small fee.

I know you are being proactive with your claim.

I got to a point in around 2009 in which I thought I could not possibly find any more evidence for my claim.

And then ,after I ordered my 4th IMO , I suddenly got a BVA award in the mail.I had followed the remand instructions for a cardio opinion-the VA gave me a PA opinion which I knocked down.My other evidence at that point was enough to award.

And then- I found something I had completely overlooked-

it was the sole word in an autopsy that I felt I understood and didnt need to look up.

When I looked it up I was stunned as it was another smoking gun for my claim.

But the decision had arrived and I didn't need to use it.

My point here is one cannot allow any stone to be unturned.

And ,as I found out, even when one is thorough in doing all the research they can do-

they still might need to do some more.

Kurt got the DOD documents himself on Thailand.

Since then he and many Thailand vets have proven their AO exposure.

[Ascomdepot68]

Berta

Thanks for the come back.

I have been in touch with the ASCOM vet you referred to.

One of my points is that the JSRRC was NOT contacted by the VA.

On the other had I did a FOIA request to JSRRC on April 1, 2011:

Requested copy: "any product(s) of data compilation of any and all types inclusive of those in electronic form or

format, mad or received by any agency of the United States as relates to the receipt, shipment, transhipment, or

storage of the product popularly referred to as Agent Orange at, thru, to, or from the country of South Korea,

to specifically include the US Army ASCOM Depot, APO 96220, which was located near Bupyong, South Korea,

during the period January 1, 1960 to January 1, 1987."

JRSSC responded on May 13, 2011

"Unfortunately, we are unable to provide you with the documents you have requested. Because we are not a

central records repository, we do not maintain documents concerning the receipt, shipment, storage, or transhipment

of Agent Orange at, through, to, or from South Korea.

The Defense Logistics Agency (DLA) formerly the Defense Supply Agency (DSA) acquired Agent Orange for the

military services through contracts awarded, by then named the Defense General Supply Center. We were informed

by the DLA that their Records Schedule provides for retention of contract and transportation records and files for,

at the longest, a period of six years and 3 months after final payment under the contract. When lawsuits regarding

claims for injuries related to Agent Orange were initially filed by veterans in the 1980's DLA contract records and

files from the Vietnam era had already largely been disposed of and were unavailable. For additional information,

please contact the Defense Logistics Agency at 8000 Jefferson Davis Highway, Richmond, Virginia 23297.

We do not consider our response a denial of information under the Freedom of Information Act (FOIA) We are

complying with the FOIA requirements by providing you with the agency that would likely have the information

concerning the records you desire"

(I love government doubletalk- they said they don't have it, so we have done our part in telling you to contact them!)..

I believe I contacted the DLA anyway but at the moment I can't locate the file. I do know if I did, it was not a "good"

contact or I would not still be battling.

Yes, studying other's cases can give insight and research hints.I'll look into the cases you mentioned.

Lately I am getting bewildered by the task. When I get to the point of screaming, I walk a mile. Cuts the stress

and anger. Lately I have been walking a lot!

Thanks