My AO exposure story

[jamescripps2]

I joined the Army in 1967 as airborne Infantry but I didn't make it to Nam. I served 1967-1970 stateside and in Germany. My AO exposure was at Fort Gordon GA. I/we were involved in finding the optimum mixture of the concentrate AO to diesel fuel. It became my duty to use up the defoliant that was left over after the testing was complete. My direct exposure, directly and hands on working with and spraying 24D-245T was every day from September 6, 1967 to March 4, 1969 whereupon I was deployed to Germany.

When I filed my first claim in 2005 the DOD and the VA were very adamant that AO had never been used in CONUS, PERIOD!

In order to Substantiate my AO exposure claim I needed, first to prove that I was an MP Game Warden in 1967-1969. I needed to prove that the spraying and testing of agent orange, 24D-245T with Picloram, at Fort Gordon actually took place in 1967. Last, but most important of all, I had to show how I was directly involved and exposed, thirty eight years after the fact.

I furnished them with the aircraft tail number. I provided the name of the firm in Texas from which the Bell G-2 helicopter used in the spraying was leased, along with the pilot's name. I proved the amounts, 450 gallons of orange alone, and the color names of herbicides that were used, orange, blue, and white. I furnished the exact location of the spraying and testing.

It was necessary to travel to the Fort Gordon area, where I obtained and provided statements from the Fort Gordon Forester and the Fort Gordon Post Engineer, who were there and working with me during the time that I served and was involved. Both wrote sworn statements on VA forms 21-4138 stating that they remembered me by name as being the Fort Gordon Game Warden, and they swore in their written statements that it would have been my job to spray those herbicides. The Forester wrote that he discovered my stash of herbicides and spray equipment in a building in the 1980s, just where I said that they would be.

I also furnished a statement written by the Fort Gordon Adjutant General who had thirty five years experience in personnel and wrote a statement in support of my claim attesting to the fact that I was the Fort Gordon Game Warden who served and was involved in the time period of 1967-1968, during the testing of AO.

My evidence had to be overwhelming and beyond doubt. Nothing was left to chance, and I covered all of my bases.

I furnished my Fort Gordon Game Warden badge number, my expired Richmond County GA. Deputy Sheriff credentials and my military drivers license. I presented a 1967 Fort Gordon phone book listing my office phone number and naming me as the Fort Gordon Game Warden.

The significance of producing my long ago expired Deputy Sheriff credentials was the fact that, as a military Game Warden, and in compliance with the "Posse Comitatus Act of 1878", which removed the military from regular civil law enforcement, It was necessary that I be appointed as a Deputy Sheriff in order to have the authority to carry my weapon off post and to be able to stop and/or pursue civilians on and off post. Only MP Game Wardens carried such credentials.

The significance of the military drivers license, that expired many years ago, was the fact that only MP Game Wardens, and only MP Game Wardens, were issued a license to drive a Ford four wheel drive Bronco. Of note, there were only two Game Wardens at that time and fort Gordon only had two Ford Broncos, each of those was assigned to a Game warden.

I testified before the BVA Judge the fact that I defoliated around the Fort Gordon Controlled lakes and then often caught and ate fish from those lakes, within hours of the spraying operation. I furnished my wife's and my original 1967 Fort Gordon Hunting and fishing license along with the documented set of orders as proof that I was on separate rations at the time to back up that statement.

I furnished a statement written for me by a Doctor who was involved in AO research and employed by the CDC in Atlanta GA in support of my exposure. I submitted a statement from the Georgia State Agriculture Director as to the name and chemical designation of the herbicide that I sprayed. That being 24D-245T.

My most overwhelming proof of AO exposure was the fact that I had Chloracne, first diagnosed on my ETS medical exam and there were many diagnosis post service including VA and civilian doctors. I had thirteen Medical opinions that concurred in the fact that the only cause of Chloracne is Dioxin exposure, Dioxin being the contaminant in AO and the other rainbow herbicides.

Following my AO grant in 2009 by the BVA, there have been many more claims filed, but few have prevailed.

See more at

vatheredneckway.wordpress,com

[john999]

Maybe by making the VA look bad on TV James can get paid.  If you can embarrass them enough you might get results.  I could really use a scooter because of my feet. I imagine the process is hell. 

                

 

[jamescripps2]

Marine, whining will get you nowhere with the VA. They make the rules and we have to learn to deal with it. I have no way of helping you other than giving some direction on how to help yourself.

Sounds like your next step is a supplemental claim, if denied, then take it to the Board. Did you follow the HISA rules? The decision for your HLR should tell you the reason that you was denied. You can correct the reason that you was denied and go for the supplemental claim. John is right

Your other option is to think outside of the box like I did when I took my story to the media. John999 is right, the VA Hospital Director got involved, Prosthetics was reprimanded and I was reimbursed in five days following the broadcast.

Go get em Marine!

[john999]

James.....you took it to them.  You made the VA look bad on TV.  They decided to give you what you wanted to try and shut you up which is Ok.  If you get what you want then you win.  The VA is scandalous, but you can beat them in individual cases at least some of the time.  You really did think outside the box.  All the VA thinks about is the money and covering their asses.  I write my congressman and sometimes I get action.  They won't win a claim for you most of the time but when the congressman shows some interest in your claim that can kick start the VA to do the right thing.  Many times I have filed claims and then used the reasons why it was denied to fight back.  I would get an IMO that would specifically rebut the reasons for the denial.  They give it away in your denial.  

[Marine Corp 69/70]

jamescripps & john999 thanks for listen to my story all I was doing  was changing my bathroom shower to a roll in shower with know curb, what piss me off was when the HLR denied payment because I didn’t qualify for the HISA Grant they said the beneficiary the medical justification & clinical needs should support the type of home improvement or structural alteration being prescribed I have peripheral neuropathy upper and lower extremities with bilateral foot drop direct services connect agent orange Vietnam thanks again I will go in front of the VBA Judge they will read the facts

             Semper Fi 

[jamescripps2]

Marine, if you a dx for bilateral foot drop, you need to file for loss of use of two feet like yesterday! That is a huge bump in pay along with an automobile grant and more than $100,000.00 adaptive housing grant. Go over to the Hadit R-1 R-2 forum and read about my experience in obtaining higher ratings for foot drop and loss of use of feet. 

This excerpt is from 38 cfr 3.350. Look it up for yourself. Loss of use of two feet will get you a SMC "L" rating.

(2) Foot and hand.

(i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:

(a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.

(b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.