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Why not start a new forum on children of AO exposed vets and grand children?

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jamescripps2

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This WRDW News Investigates broadcast was aired on the 6:00 & 10:00 news in Augusta Ga. on 9/25/2019. This is the first of a series,  more will follow.

This link will work, click on the link, when page not found comes up, look five stories down on the right side of the screen and click on

I TEAM INVESTIGATES OFF SPRINGS. If you have trouble, see my next post in this thread.

https://www.wrdw.com/content/news/I-TEAM-Could-the-children-of-those-exposed-to-Agent-Orange-at-Fort-Gordon-als

Edited by jamescripps2
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Berta, I said start a new forum when I should have said start a new topic. Many children of agent orange exposed veterans are born with birth defects. I personally know of many, including my own daughter.

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Yes, a new topic would be great.

This is the most recent info I have on children with birth defects that can possibly be attributed to their parent' exposure to AO:

https://www.va.gov/disability/eligibility/special-claims/birth-defects/

In part:

"On June 25, 2019, the President of the United States signed into law H.R. 299, Blue Water Navy Vietnam Veterans Act, this new law (Public Law 116-23 ) will provide Blue Water Navy Vietnam Veterans who served in the inland waterways from January 9, 1962, and ending May 7, 1975 with proof of service eligible for Compensation and Health Care Benefits provided by the Department of Veterans Affairs.   Under the law if a Veterans or survivor of a veteran filed a disability claim on or after September 25, 1985 and before January 1, 2020 and was denied they  will be entitled to back compensation.  The law also includes presumptive of Herbicide exposure for certain Korean veterans, benefits for children of certain Thailand service veterans born with spina bifida and other benefits."
 

Also the HR 299 Blue Water Navy Vietnam Veterans Act of 2019 has added this section as well:

 

"SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA. (a) IN GENERAL.—Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ‘‘§ 1822. Benefits for children of certain Thailand service veterans born with spina bifida ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veter....etc "

https://vva.org/programs/government-affairs/h-r-299-blue-water-navy-vietnam-veterans-act-signed-into-law/

I see no change in the past regulations re: Thailand/ Korea- but it was important that this also be covered in HR 299.

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What we need to concentrate on is how many offspring children of agent orange veterans have been born with birth defects. Research has shown, and it is well known that the effects of agent orange can cause a three generation birth defect residual in the children and the grandchildren of those, both male and female, who were exposed to agent orange in military service .

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It could be opened as a Topic here or in the AO forum.

If any vet has a child who has spina bifida, and the specifc service requirements and their child would fit into these regulations, they should file a claim:

 

This BVA case contains the Spina Bifida regs:

"VA will provide certain benefits for an individual with spina bifida whose biological father or mother is a Vietnam Veteran. See 38 U.S.C. §§ 1802, 1805; 38 C.F.R. § 3.814. Spina bifida means “any form and manifestation of spina bifida except spina bifida occulta.” 38 U.S.C. § 1802; 38 C.F.R. § 3.814(c)(4). The term “spina bifida” refers to a defective closure of the bony encasement of the spinal cord but does not include other neural tube defects such as encephalocele and anencephaly. VAOPGCPREC 5-99; but see Jones v. Principi, 16 Vet. App. 219 (2002).

 

To qualify for a monthly allowance for birth defects other than spina bifida, the appellant must show that the Vietnam Veteran who was exposed to herbicide agents is his or her mother. 38 U.S.C. §§ 1812, 1815; 38 C.F.R. § 3.815. Spina bifida is the only birth defect which warrants an award of monetary benefits based on the herbicide agent exposure of a Vietnam Veteran who is the father of the child at issue. See Jones, 16 Vet. App. at 219."

https://www.va.gov/vetapp19/files7/19158232.txt

If awarded, there are many other benefits , at the VA main web site. in addition to the compensation.

It is all in the VA's spina Bifida pamphlet available on line at VA.gov.

I was with the original BWNVVA and they have won HR 299- after 12-15 years?

But when I was talking to the President of BWNVVA ,when the Bill was signed into law, I mentioned I have been waiting that long to help BWN vets or their survivors here with  their claims.

For all the work he did, a staggering amount over the years ,with a handful of others helping, he said to that , 12-or 15 years, that the claims process might be the hard part.I have already begun to help BWNs at another internet site but asked them to join us here

I don't envision those claims as  a really difficult task, just time consuming ,because the regulations will be pretty cut and dried.And I had to deal with some very angry vets who were outside the 12 mile limit-

But I do envision  the possible 130,000 claims they expect,. per Secretary Wilkie, to be the hard part -as that is an overwhelming estimate.Yet I am sure we have plenty of members here up to speed on Nehmer by now who can help if we get lots of BWN AO claims. 

You sound like you have a group willing to help you ,whose children have Spina Bifida, as described in the regulations. We only had a handful of active  members at the original BWNVVA, and they had a web site and forum as well. And ,it only took 12 or maybe 15 ( maybe more) years and WE WON! I should look that up on my PC because I wrote the first BWNVV gent Orange Equity Act. It has been changed considerably since then and HR 299  is as perfect as it could be.

 

 

 

 

Edited by Berta
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  • HadIt.com Elder

As I understand it the A.O. Claims or Presumption claims   is for all military personal and their family's  that come down with any condition that is caused from A.0. and this means any where that damn stuff was used and stored.  not just Vietnam Area Vets

If a Veteran was in bump-hump Egypt and was around the A O. Stored or used it to spray or even clean out equipment that housed the A.O...He only needs to prove he was around it and if his kids comedown with a condition from A.O.  that should be covered now with these new regulations in place. 

what we need  is the full =new regulations on all this.New passed regulations

I don't think I have any conditions that is on the A.O. List but my son has a condition they can't make a diagnoses on?  he has tingling in his feet and are painful he can't feel his feet  and the private Dr's are scratching their heads trying to figure it  all out  they have ruled out all the symptoms it is not.  he just makes do the best he can  some times he leaves work because of his feet hurting.

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At this time there are demands to do more research to expand the list of diseases, conditions and birth defects known to have been associated with offspring children and grandchildren of agent orange exposed veterans.

The push, spearheaded by the Vietnam Veterans Of America and other veterans organizations, is now in the spotlight. At this time the VA only recognizes spina bifita in the children of a male AO exposed veterans. That is ridiculous! Vietnamese children born with birth defects have been spotlighted for many years. The question is, are our children and offsprings immune?

The list for children of female exposed veterans is more expansive. Congress needs a reason to take a look at this issue and I intend to do my part in giving lawmakers that reason. That issue is my next crusade! The more cases of birth defects in children of exposed veterans that we can bring to light , the better the chances of getting the attention of Congress in order to expand the list and obtain help for our affected offsprings.

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