Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Ao - Presumptive - Blue Water - Federal Register

Rate this question


Question

Posted

https://www.federalregister.gov/articles/2012/12/26/2012-30909/presumption-of-exposure-to-herbicides-for-blue-water-navy-vietnam-veterans-not-supported

"After careful review of the IOM report, Blue Water Navy Vietnam Veterans and Agent Orange Exposure, the Secretary has determined that the evidence available at this time does not support establishing a presumption of exposure to herbicides for Blue Water Navy Vietnam Veterans. VA will continue to accept and review all Blue Water Navy Vietnam Veteran claims based on herbicide exposure on a case-by-case basis. The Secretary's determination not to establish a presumption of exposure does not in any way preclude VA from granting service connection on a case-by-case basis for diseases and conditions associated with Agent Orange exposure, nor does it change any existing rights or procedures."

Carlie passed away in November 2015 she is missed.

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

2 answers to this question

Recommended Posts

  • HadIt.com Elder
Posted (edited)

That just continues the VA's current and past treatment of Blue Water Veterans. (What else is new)

The "paucity" of data has been a long standing problem, along with it's use to deny claims.

Given that the military and the government had the ability and responsibility to gather and preserve data,

this excuse should be looked at very closely.

Many of the blue water ships were scrapped at or towards the end of the Vietnam war, or totally refurbished and sold to other countries.

In 1967-68, the "Brown Water" ships I was assigned to had the linings of the fresh water tanks removed and replaced.

The linings are believed to have helped "concentrate" A/O residue, and the fresh water systems on the ships were designed to remove salt,

with no ability to remove dioxins. Indeed, the process very likely concentrated dioxins.

Some of the shop's captains refused to "take on" fresh water at certain ports/bases in Vietnam.

I later found out that the ports were those in areas that had extensive A/O use for defoliation.

Vung Tau/ China Beach comes to mind as one.

I believe that there was some knowledge of a problem at command levels, but don't know the details.

Perhaps the most obvious evidence of the VA's entrenched position is the Da Nang harbor debacle.

A river, along with runoff from the adjacent ex USAF base drains into the bay and harbor.

Upriver A/O spraying (Defoliation) was fairly extensive.

A/O spray aircraft and A/O storage existed at the base, and remediation efforts funded in part by the US exist today.

An interesting example of the VA's inconsistency might be that of helicopter pilots assigned to recovery missions flown from "Blue Water" ships.

The pilots, if mission logs or other information show recovery missions, etc. in or around Vietnam, are presumptive for A/O.

Helicopter crew on the same mission, as a general rule, were not. ????

Edited by Chuck75
Posted

Chuck, you are so right as to not only the word “entrenched”, but using the word “debacle” to describe the Danang Harbor situation.

One only has to look at topographical maps of the area of Danang Harbor (to include the actual spraying maps I put link to here years ago) to realize how faulty some of these studies are.

You made some great points here.

Nothing has changed and I expect the ship's list to even grow more.

But that will take some solid research on the part of more Blue Water claimants....who, in fact, have ensured the VA AO Ship's list has grown to this point ..... but time is the enemy of veterans, not the VA or the IOM.

Yesterday Gold Star Wives sent me this documentary link regarding AO in Okinawa for any vet interested:

I think it is about 45 minutes long ...have not had time yet to watch it.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use