Agent Orange

[Barbfl]

My husband was in the New York Army National Guard from June 1969 until Jan 1977..His summer camp duties for his years of service were at Camp Drum, NY. He does have some va benefits due to being called to active duty for Operation Graphic Hands in March 1970, he has a Veterans Universal Access Identification card. Thirteen drums of Agent Orange were sprayed at Camp Drum on 4 square miles from a helicopter spray device in 1959.  From  what I have read residue can linger for many, many years.  In 1995 my husband was diagnosed with Parkinson's Disease. He condition is considered severe. I  have all medical paper work for his illness and am in the process of getting all official dates of his time at Camp Drum. Don't know where to begin,  We went to VA about 10 years ago and were more or less laughed at and told we needed to get Ariel pictures.  In the next sentence were told that the area was a no fly zone and we would be prohibited to go on to the property to take pictures.  We were also told not to waste our time filling out forms. We came home and did nothing. Due to his declining health, I am now thinking I should try again to see what might be available to him.  Don't know where to begin, I need an advocate to help me.

Thank you for listening to me.

 

 

[Berta]

That spraying was conformed by DOD:

http://www.publichealth.va.gov/exposures/agentorange/locations/tests-storage/usa.asp#NewYork

This veteran was awarded for AO at Camp Drum:

“ORDER

 

The claim of entitlement to service connection for chronic peripheral neuropathy, to include as due to exposure to Agent Orange, is granted.:

 

https://www.va.gov/vetapp16/Files1/1602097.txt

 

 

I need to see if I posted this award in our AO forum.

The veteran above has 2 significant IMEs (Independent Medical Opinions, that overcame two VA opinions.

Also the opinion refers to :

 

“The Veteran, however, argues that the August 2103 IME report does not adequately answer the question of how much residual herbicide remained in the soil at Fort Drum in 1964, 1965 and 1967.  In support of his claim, the Veteran has submitted an article entitled "Yale scientist tells Congress Agent Orange research is flawed, exposure more widespread than reported."  This article reflects the congressional testimony of a Yale School of Nursing Research Scientist who referenced a Canadian scientist led soil sampling that found high levels of dioxin concentrations at former military bases presumably many years after use of Agent Orange.

 

The Board has had the opportunity to conduct legal research for other cases involving alleged herbicide exposure at Fort Drum.  The Board has found particularly pertinent information in the case of Malinowski v. Gibson, No. 13-0016, WL 2768851 (June 19, 20142014), which involved the case of another Veteran who was stationed at Fort Drum 1974.  In pertinent part, this non-precedential Memorandum Decision cited the following evidence which had been presented in support of the claim:

 

According to a July 1981 reported prepared by the Chemical Systems Laboratory at the Aberdeen Proving Ground, chemicals found in Agent Orange were discovered at Fort Drum in five-gallon metal cans stored in an "an unheated wooden frame building with a wooden floor."  R. at 198.  This rustic facility did "not meet present day requirements for storage of pesticides."  R. at 226.  Another building was undergoing renovations so that it could be used to "properly store" herbicides and other pesticides."  R. at 198.

 

The report also reveals that the following occurred at Fort Drum: (1) in 1961 Dow Chemical Company "tested an experimental defoliant"; (2) in the 1950s a "large quantity of herbicide ... was sprayed from a helicopter over a site in the main impact area"; (3) from 1969 to 1978, herbicides were "used to control vegetation along fences and ... used to control brush along [two roads] in the main impact area"; and (4) from the 1950s through the early 1970s herbicides were used "on range impact areas ... to improve the line of vision from observation points to target impact areas."  Id.”

 

This veteran did his Homework!

in addition to the IMEs to support his claim, the BVA noted reports from Dow Chem and other established VA lase law.

 

 

 

“ORDER

 

The claim of entitlement to service connection for chronic peripheral neuropathy, to include as due to exposure to Agent Orange, is granted.”

 

This also is a grant due to AO at Fort Drum.

 

https://www.va.gov/vetapp16/Files5/1638976.txt

The case holds information that I learned of when developing a thesis for my AMU degree:

Dioxin has a long shelf life.

I referenced a report that at Danang AB in Vietnam in around 2005, the dioxin level was 300 times higher in Danang soil than it had been during the Vietnam War.

I used that info as a member of Blue Water Navy Vietnam Veterans Association., sent to John Wells,as part of a theory I had as to the contamination of Danang Harbor by AO.

In any event the BVA case reads:

 

“The Veteran served on active duty from November 1967 to March 1968 with additional service in the New York National Guard.”

 

“1.  Resolving reasonable doubt in favor of the Veteran, the Veteran was exposed to herbicides during his active military service while stationed at Fort Drum

“ORDER

 

Entitlement to service connection for diabetes mellitus, type II is granted.

 

Entitlement to service connection for cancer of the neck is granted.

 

Entitlement to service connection for prostate cancer is granted.

 

Entitlement to service connection for bladder cancer is granted.”

 

The BVA relied on the same established records for this award as they did in the other case I posted- both decided in 2016.

A lot of evidence for Fort Drum veterans that can potentially help them succeed in their claims has actually been established by the BVA.

These cases need a lot of leg work, often explaining the veteran's MOS in detail and how that put them into exposed areas of AO.But much of the info they need ,for the claim ,even if outside the Fort Drum time frame (1959) can be used from these decisions and if they get buddy statements- all the better.

What was your husband's MOS at Fort Drum?

 

 

 

[Barbfl]

3 hours ago, Berta said:

That spraying was conformed by DOD:

http://www.publichealth.va.gov/exposures/agentorange/locations/tests-storage/usa.asp#NewYork

This veteran was awarded for AO at Camp Drum:

“ORDER

 

The claim of entitlement to service connection for chronic peripheral neuropathy, to include as due to exposure to Agent Orange, is granted.:

 

https://www.va.gov/vetapp16/Files1/1602097.txt

 

 

I need to see if I posted this award in our AO forum.

The veteran above has 2 significant IMEs (Independent Medical Opinions, that overcame two VA opinions.

Also the opinion refers to :

 

“The Veteran, however, argues that the August 2103 IME report does not adequately answer the question of how much residual herbicide remained in the soil at Fort Drum in 1964, 1965 and 1967.  In support of his claim, the Veteran has submitted an article entitled "Yale scientist tells Congress Agent Orange research is flawed, exposure more widespread than reported."  This article reflects the congressional testimony of a Yale School of Nursing Research Scientist who referenced a Canadian scientist led soil sampling that found high levels of dioxin concentrations at former military bases presumably many years after use of Agent Orange.

 

The Board has had the opportunity to conduct legal research for other cases involving alleged herbicide exposure at Fort Drum.  The Board has found particularly pertinent information in the case of Malinowski v. Gibson, No. 13-0016, WL 2768851 (June 19, 20142014), which involved the case of another Veteran who was stationed at Fort Drum 1974.  In pertinent part, this non-precedential Memorandum Decision cited the following evidence which had been presented in support of the claim:

 

According to a July 1981 reported prepared by the Chemical Systems Laboratory at the Aberdeen Proving Ground, chemicals found in Agent Orange were discovered at Fort Drum in five-gallon metal cans stored in an "an unheated wooden frame building with a wooden floor."  R. at 198.  This rustic facility did "not meet present day requirements for storage of pesticides."  R. at 226.  Another building was undergoing renovations so that it could be used to "properly store" herbicides and other pesticides."  R. at 198.

 

The report also reveals that the following occurred at Fort Drum: (1) in 1961 Dow Chemical Company "tested an experimental defoliant"; (2) in the 1950s a "large quantity of herbicide ... was sprayed from a helicopter over a site in the main impact area"; (3) from 1969 to 1978, herbicides were "used to control vegetation along fences and ... used to control brush along [two roads] in the main impact area"; and (4) from the 1950s through the early 1970s herbicides were used "on range impact areas ... to improve the line of vision from observation points to target impact areas."  Id.”

 

This veteran did his Homework!

in addition to the IMEs to support his claim, the BVA noted reports from Dow Chem and other established VA lase law.

 

 

 

“ORDER

 

The claim of entitlement to service connection for chronic peripheral neuropathy, to include as due to exposure to Agent Orange, is granted.”

 

This also is a grant due to AO at Fort Drum.

 

https://www.va.gov/vetapp16/Files5/1638976.txt

The case holds information that I learned of when developing a thesis for my AMU degree:

Dioxin has a long shelf life.

I referenced a report that at Danang AB in Vietnam in around 2005, the dioxin level was 300 times higher in Danang soil than it had been during the Vietnam War.

I used that info as a member of Blue Water Navy Vietnam Veterans Association., sent to John Wells,as part of a theory I had as to the contamination of Danang Harbor by AO.

In any event the BVA case reads:

 

“The Veteran served on active duty from November 1967 to March 1968 with additional service in the New York National Guard.”

 

“1.  Resolving reasonable doubt in favor of the Veteran, the Veteran was exposed to herbicides during his active military service while stationed at Fort Drum

“ORDER

 

Entitlement to service connection for diabetes mellitus, type II is granted.

 

Entitlement to service connection for cancer of the neck is granted.

 

Entitlement to service connection for prostate cancer is granted.

 

Entitlement to service connection for bladder cancer is granted.”

 

The BVA relied on the same established records for this award as they did in the other case I posted- both decided in 2016.

A lot of evidence for Fort Drum veterans that can potentially help them succeed in their claims has actually been established by the BVA.

These cases need a lot of leg work, often explaining the veteran's MOS in detail and how that put them into exposed areas of AO.But much of the info they need ,for the claim ,even if outside the Fort Drum time frame (1959) can be used from these decisions and if they get buddy statements- all the better.

What was your husband's MOS at Fort Drum?

 

 

 

Thank you so much for all of your great information.  My husbands MOS was 13 A 10. 

He was in:  Battery "A" 1st Battalion 187th Artillery New York National Guard from June 23, 1969 to June 22, 1977.

I am very naïve to all of this, please bear with me.

1.  What does BVA, stand for?

2.  What would a "Buddy Statement" consist of?

3. We still have close contact with a few buddies that were with him during this time.

4. Who would I contact to start this process.

5. My husband is a member of our local American Legion Post.

Thank you again for your time. 

[Berta]

1.   " What does BVA, stand for?"

Board of Veterans Appeals

 

 

When a claim is denied at the regional office

level it often goes to the BVA if the veteran files an I-9 Appeal and their search feature here holds a wealth of knowledge:

http://www.index.va.gov/search/va/bva.jsp

 

 

2.    "What would a "Buddy Statement" consist of?"

This is an eye witness account from someone in a veteran’s same unit, serving with them same time and place. It could be a statement as to verifying a stressor or severe inservice accident, and even ,when James Cripps went back to Fort Gordon, it can also be a statement to support an Agent Orange claim.

James Cripps, a member here who I and others interviewed on our blog radio show (available in the Blog Radio archives) is the first AO CONUS veteran.

Buddy statement  info is searchable here. The buddy should give as many details as possible ,make sure they list their unit and dates they served with the veteran at Fort Drum and also they should have their signature notarized.(Banks usually  do that for free)

 

 

3.    "We still have close contact with a few buddies that were with him during this time."

4.    That is great…maybe some of them too have filed for AO exposure.

5.    "Who would I contact to start this process."

 

 

6.    "My husband is a member of our local American Legion Post."If there any members of the post who are also "accredited "veterans reps ,they could help with the claim and give him info as to how to make an appointment with them..

 

 He can file on line as well but I feel he should try to get a  vet rep to do that.

I feel you should copy those two BVA decision I posted and even try to obtain your self ( google might help with that) copies of th actual reports the BVA used.

I am sure a vet rep or VSO armed with that evidence would be willing to support his claim.

Still, he needs to prove direct exposure in any of the areas mentioned in the BVA reports but that might not be too hard to do.

 

7.    If you click this link, there are many maps of Fort Drum in NY

 

 

8.    https://www.google.com/search?q=Fort+Drum+NY+map&rlz=1C1CHBF_enUS695US695&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjeq-uzuY3SAhVP8WMKHYEZDAgQ_AUICSgC&biw=1536&bih=810

 

 

9.    It is possible they used AO ,sprayed by air, to remove  hardwood trees in a forest or large woodlot ( I live in NY and have 3 dense woodlots that cover about 9 acres) at the Fort to build something in it's place but apparently they used it by hand too.I had some logging done in one woodlot twice in 30 years and it hardly made a dent in the appearance of the woods, so they would need AO to take down a large wooded area fast.I am sure Fort Drum didn't need a wood supply.

 

 

 

1  Does your husband remember any area that was being deforested in order to build new building at Fort Drum?

Or Did his MOS put him anywhere near any area that seemed to have been sprayed per the reports BVA mentioned?

Those photos in the link might bring a lot of this back to him.

Nothing is impossible.

1

 

 

Edited February 13, 2017 by Berta
added more info

[Berta]

forgot to add....I would not wait to try to get to get those reports because the claim should be filed ASAP.

What the BVA stated is as good as gold and this seems to me to get your husband right into where they sprayed:

"from the 1950s through the early 1970s herbicides were used "on range impact areas ... to improve the line of vision from observation points to target impact areas."  Id.”  It is from one of the BVA links above.

I would think that would coincide with his MOS:

"Battery "A" 1st Battalion 187th Artillery " as I am sure they did plenty of target practice ...I hope others chime in however on that  I am a war college student but also a civilian so not 100% sure.