The Va And Navy Ao Claims

[Chuck75]

Ran across this while doing some research

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Date: July 23, 1997 VAOPGCPREC 27-97

From: General Counsel (022)

Subj: Service in the Republic of Vietnam for Purposes of Defini-

tion of Vietnam Era--38 U.S.C. § 101(29)(A)

To: Director, Compensation and Pension Service (213A)

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HELD:

Service on a deep-water naval vessel in waters off the shore of the Republic of Vietnam does not constitute service in the Republic of Vietnam for purposes of 38 U.S.C.

§ 101(29)(A), as added by section 505 of the Veterans’ Bene-fits Improvements Act of 1996, which provides that the term “Vietnam era” means the period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

Mary Lou Keener

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Since this VA legal stance does not mention operation of navy ships in the rivers, inshore costal waters, and river deltas, it does not apply in cases when amphibious LSTs and LSMRs and other navy ships were operated inside of Vietnam in the costal waters, rivers, and river deltas. This operation is a matter of easily verified record. On the other hand, "proof" to the VA of "feet on the ground" by individual navy veterans can be very difficult, due to the lack of available records.

Yet it is the basis for the VA requiring that Navy veterans prove "Feet on the Ground" in Vietnam.

Comments?

[Guest jangrin]

mssoup1,

during the physical exam that Dr. Bash did on my husband, he saw what my husband calls "chemical burns' from the AO spray on the vegetation in RVN. Dr. Bash asked how he knew it was the AO and my husband said it was on his clothes and he would have to douse his shirt and shirt collar with canteen water to stop the burning sensation. Dr. Bash saw the red scaring on my husbands neck and chest. He said that it is chlorachne(sp?) from AO. I believe your husband was diffinately exposed to AO. Do a computer search for the tango boats. I'm sure he will be able to link his unit to AO exposure and you should be able to find a doctor that will SC the skin conditioin and any new AO symtoms he might get. Dr.Bash actually has someone he referes to for dematology/skin conditions. there is quite a bit of info on the tango/river security patrol on the internet (i have been doing similar searches for my husband's unit).

Jangrin B)

Edited August 5, 2006 by jangrin

[mssoup1]

Jangrin,

Thanks for your reply. I will do some searches and see what I can find on the Tango boats. My husband has seen every Dermatologist that the VAMC has ever had, along with every Independent Dermatologist that we have here locally and you cannot get one to state that his skin condition is the result of Agent Orange. They all give the problem another dermatology name, but not anything connected to AO. I have seen him at times itch so bad that he then scratches non stop until he actually has himself bleeding. His earlobes break open, along with his hands and feet to the point that they ooze and hurt. His entire body looks like he has ringworm and his entire body breaks out and itches all the time. His eyes stay red all the time that I'm sure people think he has either been drinking or has a bad case of pinkeye. His eyes burn, itch and tear so bad that it is sometimes almost unbearable for him. With both his skin condition and his eye condition, he really goes through he** and I feel so sorry for him because I cannot do anything for him. He has been given ever steroid, ointment, cream, lotion, etc. and nothing works for him. If it was just your normal everyday dermatological problem it would appear that some of these prescription drugs would work for him. He even underwent two surgeries on his eyes hoping that would help, but it didn't. The doctors have basically given up. They don't have anything else that they can give him to try, unless a new drug comes out on the market. Then, I doubt the VAMC will carry it.

He says he would give up every dime that the VA gives him now if he could just get a cure for his problems. But then again, I'm sure that most veterans feel this way. They just want the pain and hurting to go away.

Thanks,

mssoup1

[Chuck75]

From what I can find, there are and have been a number of AO related claims from the class of ships I mentioned. Those that are formally a part of a Vietnam base command have such things as Vietnam APO/FPO addresses, making things much easier. Others of the same class were formally attached to the 7th fleet, (perhaps "home ported" in Japan) and may have received mail via a non Vietnam APO/FPO address. In some cases, this was done on purpose, in order to further obscure the ship's actual location.

To aid a crew man's current case that is somewhere in the process with what seems to be a first level denial, several crew members, including the ship captains are attempting to accumulate enough information (evidence?) to convince the VA that anyone serving on a specific ship in a given time frame should be presumed to have been exposed to AO, and then to extend this presumption to other ships with similar assignments and time frames.

Without access to the VA's records, I have no idea what the real number of denials are. For a ship with a crew of ~135, we do know that the incidence of medical problems associated with AO is fairly high. This is based upon only those crew members that responded, or we have some contact with. It may very well be that we only hear about the problems, and not the successes.

I also suppose that there may be large differences in what is required from VA office to office, and person to person within the VA's process.

Anyway, the active case I'm referring to has letters attached from comissioned officers including the ships captains attesting to the presence of the ship involved at certain places and dates in Vietnam. Evidently the VA is/was ignoring or discounting these documents.

[Stretch]

Here is what I mean. If you are down in the intake duct, you get JP-5, vanadium, AO, poisonous smoke abatement, and any other chemicals in the air, over Viet Nam, when you are down in it everyday cleaning it out.

If you could only see the intake duct from close up inside you would see the AO on the front duct and wheel cowls. Hey looky there-there is Griffen. There were no hydraulic's in this forward part of the aircraft. I just don't know how to draw a picture of the inadaquate judgement of this issue on AO from the DoD.

Navy wore green only in Viet Nam everyday. Try to find a picture of a Navy airman in green pants.

We also had asbestos with every meal - see General Mess.

It might not be important for the DoD or VA to know, but I believe that the Veteran should know.

Edited August 6, 2006 by Stretch

[foreveryoung]

mssoup1

Has he ever tried, Fluocinonide Ointment? This is a prescription cream.

I am not a Doctor and do not play one on TV or the Internet. Ask your Doctor first.

Good Luck.

Edited August 6, 2006 by foreveryoung

[mssoup1]

foreveryoung,

Thanks for your reply.

Yes, he has tried that and is currently on it. It seems to help a little, but not much. Nothing he has ever been prescribed has given him enough relief to really feel half way confortable. The only thing that did come close was steroid injections that he was given for a short period of time. This helped more than anything else, but naturally you cannot stay on them for a long period of time. Even the steroid creams and ointments don't help. He has even seen independent Dermatologists and Ophthamologists and they have no clue as to how to treat what he has.

One VAMC Dermatologists wanted to refer him to a Medical Research Hospital out of state, but the VAMC would not give the approval for my husband to go. This Dermatologist felt that since he had run out of solutions to my husbands problems, that he felt he needed to be seen by other doctors in the research field who may have some trial things to use on him or could give a better opinion or testing on his problems. But, again, the VAMC would rather see my husband in agony than pay for him to be tested and treated outside the VAMC.

I do appreciate your replying to me. You never know when another veteran may have some ideas that helps them and may help another veteran with the same problem.

mssoup1