Agent Orange Double Whammy For Korean Dmz Vets!

[Jumpmaster]

DOUBLE WHAMMY (AO) DMZ DECISIONS

Two BVA decision for Agent Orange results in a double whammy, or a stroke of luck or two lucky break decisions for Korean DMZ veterans.

Case #1: Involves an MP from 2^nd MP Company, 2^nd Infantry Division served 1965-1966 at the DMZ and is the first TO win a claim for Agent Orange exposure before the recognized DOD presumptive dates 1968-1971.

See the PDF for that BVA decision

Case #2: Involves a Combat Engineer from the 2^nd Infantry Division used scientific evidence that prove dioxin degrades slowly in surface and subsurface soil. The veteran service 1976-1977, at the DMZ started five years after DOD’s presumptive date. This decision should encourage veterans WHO served on the DMZ after 1971 and have a current diagnosed presumptive disease to file a claim and keep fighting to win their entitled benefits.

See the PDF of VFW Magazine article October, 2014.

I hope this information will benefit others that were denied in the past to appeal or file new exposure claims.

Agent Orange Korea DMZ 1965-1966, 2nd MP Company, http_www.va.gov_vetapp14_Files2_1415571.pdf

VFW Magizine Article R on Reigstad DMZ Agent Orange Claim!.pdf

[Vync]

Those are really good finds!

On a slightly related note,I went to the Korean DMZ as part of a private tour in either 1987 or 1988. I was a dependent and in country for a couple of years at that time. After living in Seoul, I can definitely state that the DMZ has to be the quietest and scariest part of Korea - period! During the tour, they took us down into these really long tunnels used by people to crossover. These tunnels were so large that a VW could probably drive through, but you would go for a good ways and then it was sealed with concrete. However, while down there, water was dripping on everyone's head, just like in any traditional cave network. Could it be that AO was seeping through and landing on us at the same time?

[Berta]

AO in my opinion ,could have been anywhere.James Scripps proved it was in the US of A.

GREAT FIND!!!!!! THANKS A lot!!!!

In this case (I havent read the VFW pdf yet)

Lay evidence was cooborated with the veteran's personnel file, as well as photos he took in Korea at the DMZ..

The DMZ area was only a specific swath of land for VA AO purposes and his MOS put him near the perimeter as well.

"The Veteran testified that he was normally within 20 yards of the
spraying, and was routinely covered with wind-blown spray during the process. The
Veteran is competent to report all of this information, and there is no evidence in the
claims file that would indicate he is not credible."

This brings up a good point ..credibility... if a veteran makes one major error in first reporting a situation in service, and then his or her future description of the incident changes, the VA can often say the veteran is not credible.

VA does in essence what civil lawyers do in that type of situation and can tell juries to disregard future statements of a witness

and VA can deem the veteran as an "unreliable historian".

This veteran also submitted as evidence ,a vegetation control plan (wow where did he get that?) that supported his claim.It was not from the DOD as far as I can tell.

This claim also proves that Nothing is impossible but can take a lot of leg work. And leg work always pays off.

[Navy04]

I came come with Chronic Bronchitis that turned into Severe Asthma, with black spots on my lungs from OIF/OEF, due to the Crap Fires over there. At first the Navy and VA said it was due to my smoking, WTH!!! I have never smoked or drank in my life. Hopefully once this claim is complete, I will be granted SC for the Asthma. Funny thing is that I had all my C&Ps last week, but nothing mentioned about the Asthma, I wonder if the VA will just grant it, since they can see that I was treated in the Navy and use Inhaler now. Didn't mean to ramble on, just don't know why the Govt exposes their own Military to so many environmental hazards, and then denies it.

[Berta]

"Didn't mean to ramble on, just don't know why the Govt exposes their own Military to so many environmental hazards, and then denies it."

In my opinion, because it takes money and time to really study the long term affects of environmental hazards,which makes no sense after the fact, except to veterans who were exposed to those hazards, and disabled by them and often need costly independent medical opinions to prove those exposures gave them disabilties........

and then it would cost even more money to VA to compensate their disability from them.

The most important Veteran disability issue of my life has been the environmental weapon of mass destruiction aka Agent Orange . But I didn't have a dog in the fight until 45 years after my husband was exposed to AO in Vietnam and then only because of my last 2 AO death claims, finally resolved almost 20 years after he died.

is something wrong with that picture? You bet!

The initial AO regulations decades ago only had 2 disabilities they would compensate and the criteria for them was pretty hard to fulfill. The list of AO presumptions sure has grown in the last 2 decades but many AO vets have died, and even if their survivors were compensated by the VA,

what good did that do the vet in their lifetime.

The comp for any 100% AO vet in their lifetime is far greater than what VA pays as DIC to their dependents,after they die.

It is all about $$$$$

Edited October 3, 2014 by Berta (see edit history)

[Stretch]

My Brother was Army korea DMZ 1967 though 1969. He has died about 2 years ago. He is one that wil never see benefits. I could possibly have lymphoma that they are trying to discover now.

Seems that AO runs in our family.

[TxVet43]

Jumpmaster, or anyone with those 2 links in the OP, could you please repost those.

I can't access them.

Thank You!

[Tbird]

8 hours ago, TxVet43 said:

Jumpmaster, or anyone with those 2 links in the OP, could you please repost those.

I can't access them.

Thank You!

I think the first link is http://www.va.gov/vetapp14/Files2/1415571.txt

I couldn't find the second one but I did find this http://digitaledition.qwinc.com/article/Washington_Wire/1800923/223537/article.html

[Berta]

And these are the AO Korean War vets benefits that were expanded in 2011:

http://www.emaxhealth.com/1275/more-korean-war-vets-can-make-agent-orange-claims

[Jumpmaster]

Hello TxVet43

The files are PDF uploaded for Information that hopefully will aid Korea DMZ Vets who filed claims, received a denial and did not appeal the DOD and VA have changed the dates that AO was used so it like watching a bouncing ball.

The Military Policeman served at the DMZ October 1965 until April 1966 according to the BVA file.  The date/time period in my opinion creates curiosity or doubt that AO was used earlier than DOD and VA presumptive dates setup for Korea DMZ veterans exposure service as April 1969 to August 1971.  It's fascinating how one case of AO exposure is granted earlier that VA presumptive dates and the second exposure claim was granted after the presumptive exposure period. 

I believe that NO DMZ VET who served in that area that suffer with a presumptive disease caused by Dioxin and toxic contamination must never give up! .....Don't wave your surrender flag or toss in the "I QUIT TOWEL"  for your exposure claim, keep digging for the lay evidence (buddy statements), scientific articles, medical opinions, and every piece of evidence that would help Korea DMZ veterans win exposure claims at BVA or CAVC.  I believe the claims are decided on a case by case basis depending on the strength of the veterans evidence and from what I've seen over the years RO always kick the claim down the road to BVA who may grant or remand it back to RO. for more development.  Sorry about the late reply I've been offline taking care of health matters.

Thanks to T-Bird and Ms. Berta for assisting with the links.  TxVet43  try Adobe Acrobat Reader to open the files.

 

 

 

 

VFW Magizine Article (Ron Reigstad) DMZ Agent Orange Claim&_33;.pdf

Agent Orange Korea DMZ 1965-1966, 2nd MP Company, http_www.va.gov_vetapp14_Files2_1415571.pdf