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Citizens Of Nitro,wv Sue Monsanto Over Ao, Other Chemicals

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  • Content Curator/HadIt.com Elder
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Thanks for that info!

Monsanto and Dow, among others were responsible for the 1984 Class action law suit over Agent Orange.I believe most AO used in the war was manufactured by Monsanto.

This might help someone here.

I am considering appealing a rating VA gave my husband,in my recent award, as they said he dropped from 100% rating to 70% because his CVA was at 100% or 6 months (which they awarded) then they only rated his residuals from the CVA so I would have to prove 100% continuous rating based on medical evidence.The fact that this was a FTCA /1151 award (malpractice) gives me quite a bit of leeway to find evidence of his 100% P & T status and I have found plenty already.

My point here- I accessed his original inclusion into the above Class action lawsuit of 1984.

The criteria for payment under the old AO Settlement fund was having any disability that had a 100% P & T rating or that was expected to cause death or last at least for 0ne year.

Using his SSA records,the Judge warranted payment to him and then to me as his widow after he died.

My point is if a vet was in the original AO lawsuit and is trying to prove better EED for total disability to VA to a disability that became service connectable after the lawsuit inclusion, perhaps they could use their old AO records for the 1984 settlement to help establish a total rating,if they still have the records.It is worth a shot to consider that.

Also I found a college student loan waiver which a VA doctor signed that stated he was 100% P & T due to the CVA.And a Neuro consultation I was present at, whereby the VA neuro declared him 100% P & T due to the stroke,both excellent evidence of 100% P & T.

This info reminded me of the older AO lawsuit.Maybe if a vet was included in the older lawsuit but did not have a SSDI award, there could have been another way their inclusion was determined by Judge Weinstein and even many years later maybe proof of that could help them get a proper SC rating of 100% if they attained a lower level of SC from VA.

It might well take filing a CUE claim and finding very old records but no stone can ever be left unturned when dealing with the VA.

Having said all that-

this news interests me because here in upstate NY, Erin Brockovitch just showed up last week to see why about 15 high school girls have developed an odd muscular twitching disease similiar to Tourettes syndrome. Others , adults with these odd symptoms, have come forward too per Ms. Brockvitch yesterday-adults who live in the area of what appears to be where a major chemical clean up was ordered years ago but has not been properly done.It is about 6 miles from the high school the girls attend.

If the chemicals didnt involve AO in upstate NY,still these types of situations have to be carefully looked into as many veterans had chemical exposures that are still misunderstood by the VA as to the actual connection of a disability to the exact chemical.Often it takes an IMO that proves in detail how a certain specific chemical ( after they prove inservice exposure)directly caused their current disability.

I never thought of the AO potential of this NY situation but ,seeing this article here, whenever one thinks of Monsanto, they often think of AO too!

If AO was part of this chemical dump, in the Nitro or NY situation, perhaps the VA would have to start considering neurological

problems that manifest in these odd symptoms that have suddenly popped up in some of the residents in this NY town.

Some info on that is here:

http://abcnews.go.com/Health/Wellness/erin-brockovich-launches-investigation-tic-illness-affecting-ny/story?id=15456672#.TyreMORInTw

Brockvitch is one of the people whose work inspired me when I filed my FTCA case.

Her relentless research caused Pacific Gas and Electric to pay 333,000,000 to over 600 hundred plaintaiffs due to contaminantion of hexavalent chromium in the town of Hinkley Ca's water supply.

Research and persistence PAYS OFF!

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  • Content Curator/HadIt.com Elder

I found this while browsing news sites and figured it might be of interest to someone here.

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It won't be first time a Monsanto plant got sued. The residents of Anniston, Al sued a Monsanto plant some yrs back. Anniston was also home of Ft.McClellan and Womens Army Corps (WAC) training center as well as MP and Chemical schools. HR 2052 is before Congress now concerning this. I was a Wac in the early 70's for basic training and permanent party. I have many health problems related to this.

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My Google alert picked up this stiory this AM:

http://www.salem-news.com/articles/february022012/ao-controversy-wd.php

The Agent Orange issue is a vast one,and by no means over yet.

This article certain has a lot of info and links and is very comprehensive although brief.

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