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Bva Court Claim Decision Ao Exposure Korea 72-75


Gastone

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See Citation 1412612 Decision 03/25/2014 Detroit RO. Vet Awarded on DMII and PN and ED from DMII.

Original appeal 10/2008. Maybe the VBA is getting their act together.

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It only took 5 yrs from the appeal filing, maybe the BVA hasn't got their act together. No idea, if Vet filed a DRO Hearing or opted for BVA.

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Toxin claims other than AO are hard to succeed in, and this vet claimed either AO or other toxins.

GOOD find Gastone!

FINDINGS OF FACT

1. The Veteran was exposed to toxic chemicals other than herbicides (Agent Orange) while stationed at Camp Carroll in Korea."
In part:
"Following the Veteran's allegations, the Army conducted an extensive investigation that concluded that the Camp Carroll site had been used to bury numerous chemicals, but not Agent Orange. The report from the Camp Carroll Task Force dated December 2011 found that drums of pesticides, herbicides, and solvents--not Agent Orange--were buried in Area D in 1978, but that these materials were later excavated with a large quantity of soil from 1979 to 1980 and shipped to an unidentified location. This was verified by in an interview with the former transportation officer for Camp Carroll in 1979. He specifically described the preparation that was undertaken to ship chemicals that had been excavated from a burial site on Camp Carroll, including 800 drums to "repackage" the excavated chemicals.
An Executive Summary of the Army's Comprehensive Report for Agent Orange at Camp Carroll in Korea denied that there had been Agent Orange at the Camp Carroll site; however, it did provide a list of chemicals identified there in 2011, including: pesticides and volatile organic compounds (VOCs) such as PCE, TCE, benzene, 1,2,4 trimethylbenzen, and 1,2,2,2-tetrachlroethane. These chemicals were noted to have been detected in some groundwater and soil samples. The Veteran has also submitted numerous buddy statements from fellow service-members which appear to corroborate the Veteran's assertions and the Army report regarding burying of chemical material at Camp Carroll. For these reasons, and resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran was exposed to chemicals, other than Agent Orange, during service in Korea."

The veteran also had 2 strong IMOs.

This is an important decision! Thanks for posting it here.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1412612.txt

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