Paul Sutton Forwards the Chicago Tribune Series on Vietnam; Charts Show When/Where/How Much Agent Orange Sprayed During War

Veterans of all services are fortunate to have a resource in that great Marine, Paul Sutton.

When C-123 guys encountered VA's "Get the Hell Out" knee-jerk response when we  asked (why'd we bother?) the government for help,
worrying about this health mess, his USB memory stick arrived with the start of our technical literature collection, saving months of research and lending enough encouragement that we didn't quit when we first heard

Here Paul forwards the Chicago Tribune's Agent Orange resources. Much of the Agent Orange story springs from Chicago...not the Agent Orange stuff itself, but the news about the toxin. The VA in Chicago had dedicated staffers who noted and understood the developing statistics of illness among Vietnam War veterans.

Taking it to the news professionals, Bill Kurtis of CBS picked up the ball and so did the Chicago Tribune. Without their coverage, the scandal might have faded from America's attention.

http://www.chicagotribune.com/chi-091204-agentorange-map%2c0%2c2014263.htmlpage

VA Retroactive AO Rules (per Nehmer decision)

VA Publishes Agent Orange Retroactivity Rules (Nehmer Decision) (this is of greater interest to our Vietnam veterans) Since 1991, the VA has been required to follow special retroactive benefit  rules whenever it grants a disability compensation claim or a claim for death  benefits under the VA’s Agent Orange rules. These rules are very favorable to  Vietnam veterans and survivors of Vietnam veterans and they are contained  in an Order issued by the U.S. District Court for the Northern District of California  in the Nehmer class action brought by lawyers from the National Veterans Legal  Services Program.                   The VA finally recognized that the retroactive benefit rules are complex and that  VA regional offices and the Board of Veterans’ Appeals need more guidance  on how to apply the rules. As a result, on August 25, 2003, the VA published  detailed regulations that VA regional offices and the BVA must follow in deciding  the effective date of benefits awarded under the VA’s Agent Orange rules. (The  effective date of an award controls the amount of retroactive benefits to which a  Vietnam veteran or a survivor of a Vietnam veteran is entitled when the VA grants  an Agent Orange claim).                                    The new regulations also explain that if the person to whom the retroactive  benefits is owed (that is, the Vietnam veteran or the survivor of a Vietnam veteran  who claimed death benefits) dies before the VA is ready to make the payment,  the VA does not get to keep the money; instead, the VA must make the payment  to the surviving spouse, surviving children, or surviving parent of the deceased  individual, or, if no such surviving family member exists, to the individual’s estate. What follows are:           The new regulation – which is 38 C.F.R. § 3.816; and The VA’s detailed explanation of the meaning of these rules, which the VA published on January 28, 2003, when it first proposed the new regulation.THE NEW VA REGULATION -- 38 C.F.R. § 3.816 § 3.816—Awards under the Nehmer Court Orders for disability or death caused  by a condition presumptively associated with herbicide exposure.               (a) Purpose. This section states effective-date rules required by orders of a United  States district court in the class-action case of Nehmer v. United States Department  of Veterans Affairs, No. CV-86-6160 TEH (N.D. Cal.).                    (b) Definitions. For purposes of this section-              (1) Nehmer class member means:            (i) A Vietnam veteran who has a covered herbicide disease; or              (ii) A surviving spouse, child, or parent of a deceased Vietnam veteran who died  from a covered herbicide disease.               (2) Covered herbicide disease means a disease for which the Secretary of Veterans  Affairs has established a presumption of service connection before October 1, 2002  pursuant to the Agent Orange Act of 1991, Public Law 102-4, other than chloracne.  Those diseases are:               (i) Type 2 Diabetes (Also known as type II diabetes mellitus or adult-onset diabetes).                 (ii) Hodgkin's disease.             (iii) Multiple myeloma.               (iv) Non-Hodgkin's lymphoma.             (v) Acute and Subacute peripheral neuropathy.           (vi) Porphyria cutanea tarda.  | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | Next>>

Gulf War Veterans - proposed final VA rules about undiagnosed illnesses

As many of the 74th-439th folks are veterans of Gulf War One, this proposed VA ruling is of interest and we should read carefully. The important points...extended time for illnesses to be noted, greater flexibility in determining noted but undiagnosed illnesses to be grouped into "Gulf War Illness" and easier approvals for ratings from the VA. We'll see, as thus far the VA mostly either denies that an illness or symptom exists or they decide it manifested itself too far after the War to be rated.

-------- from Paul Sutton -------

Published in this morning's Federal Register.

The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulation regarding compensation for disabilities suffered by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War.  This amendment is necessary to extend the period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. This interim final rule is effective December 29, 2011. Comments must be received by VA on or before February 27, 2011 ================================================= If you haven't already read Rosemary's email, Gabby has taken a turn for the worse and has been advised to arrange hospice care. Prayers are always welcomed by this faithful servant of Man, Nation and God.