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IN the SUPREME COURT of the UNITED STATES No
IN THE SUPREME COURT OF THE UNITED STATES _______________ No. 18A1066 ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, APPLICANT v. ALFRED PROCOPIO, JR. _______________ APPLICATION FOR A FURTHER EXTENSION OF TIME WITHIN WHICH TO FILE A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT _____________ Pursuant to Rules 13.5 and 30.2 of the Rules of this Court, the Solicitor General, on behalf of Robert Wilkie, Secretary of Veterans Affairs, respectfully requests a further 30-day extension of time, to and including June 28, 2019, within which to file a petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Federal Circuit in this case. The opinion of the en banc court of appeals (App., infra, 1a-50a) is reported at 913 F.3d 1371. The court of appeals entered its judgment on January 29, 2019. On April 22, 2019, the Chief Justice extended the time within which to file a petition for a writ of certiorari to and including May 29, 2019. The jurisdiction of this Court would be invoked under 28 U.S.C. 1254(1). 2 1. Under the Agent Orange Act of 1991 (Agent Orange Act), Pub. L. No. 102-4, 105 Stat. 11, veterans who “served in the Republic of Vietnam” during the period when the United States used the herbicide Agent Orange (January 9, 1962 to May 7, 1975), were presumptively exposed to that herbicide, 38 U.S.C. 1116(f), and are presumptively entitled to disability benefits if they develop specified diseases, 38 U.S.C. -
Thejewish Thejewish
THE JEWISH VETERAN Volume 71 • Number 4 • 2017 JWV and Lack of Accountability at the Department of the VA Veterans Affairs Leaves Veterans Flabbergasted Page 14 By Lance Wang, Editor I had the opportunity to interact with limitation of their system, and share my NAZIS ARE NOT the Veterans’ Administration while in frustration. I don’t blame them. WELCOME IN AMERICA! uniform, much more so since retiring Why is it so difficult to bring the from the Army. As with any large or- problems in the VA to solution stages? Commentary By ganization I’ve encountered good and For years the VA has been neither fish PNC Dr. Robert Pickard bad. Certainly the good is the dedicated nor fowl – it did not have the account- functionaries who I encounter, many of ability nor true profit motive that civil- Page 4 whom are themselves veterans. I also ian medical agencies have, nor did it have been particularly pleased with the have the discipline to which a military service of a nearby VA Community- agency was subjected. It was designed Register Now! Based Outreach Clinic which provides to replace a 19th century system which responsiveness that I’ve never encoun- largely put the onus on charitable or- tered from a big city VA facility. They ganizations and local communities to have provided more continuity of care care for veterans. It was never fully re- than I encountered in the military or the sourced to perform its mission, result- The workload for the VA has only civilian world. However the “bad” side ing in fraud and scandals like we saw increased since the editorial was writ- has certainly made itself known. -
A Chemical War Without End: Agent Orange in Vietnam
A Chemical War without End: Agent Orange in Vietnam Marie-Hélène Lavallard* The Vietnam War (1961-1975) is known for the massive bombings of North Vietnam. More insidious, however, yet less well-known to the general public, was the chemical war waged from 1961 to 1971against South Vietnam. An immense environmental disaster and a human catastrophe taking numerous forms: health, economic, socio-cultural …, it had dramatic consequences which are still felt today. The American government and the chemical companies involved have eluded their responsibilities. For years, a conspiracy of silence has obscured the toxicity of the defoliants used. Those responsible have the effrontery to continue denying it today. Humanitarian aid is incommensurate with the needs. It is at the government level that support for Vietnam must be organized and the demand for just reparations must be made. During the Vietnam War, from 1961 to 1971, American aviation sprayed defoliants over Southern Vietnam to chase from the jungle the combatants taking shelter there, to cut the Ho Chi Minh trail by which weapons, supplies and medication came down from the North, to facilitate surveillance of roads, coastlines and waterways and to destroy the rice paddies, forcing villagers into "strategic hamlets" and thus depriving the guerillas of food and aid1. More than 77 million2 liters of defoliants were released by plane (95%), by helicopter, by boat, by tanker truck, and by men with backpack sprayers. More than 2,500,000 hectares were contaminated by these defoliants, the best known of which is Agent Orange. It contains dioxin, one of the most violent and most indestructible poisons known. -
Fact Sheet 8: the Use of Defoliants – Agent Orange
Fact Sheet 8: The use of defoliants – Agent Orange A highly controversial aspect of the Vietnam War was the widespread use of herbicides by the United States military. These chemicals caused the leaves of trees in the jungle to die. This made it easier to detect enemy positions and activities, especially from the air. Crops were also sprayed to deprive the enemy of food. These chemicals included the ‘Rainbow Herbicides’ – Agent Pink, Agent Green, Agent Purple, Agent Blue, Agent White and, most famously, Agent Orange. The US Air Force sprayed approximately 75 million litres (of which Agent Orange accounted for about 45 million litres) of concentrated herbicides, affecting an estimated 13% of South Vietnam's land. Humans exposed to Agent Orange were at risk of poisoning. Some estimates suggest that there were as many as 4 million victims of dioxin poisoning in Vietnam. Veterans of the war observed an increased risk of various types of cancer, while birth defects among their children were cited as evidence of the long-term harm caused by Agent Orange. The US government denied any conclusive scientific links between Agent Orange and health problems experienced by those exposed. In 1984 US veterans obtained a $180 million settlement from companies which produced Agent Orange. A small trust fund for New Zealanders who had been exposed was established as part of this settlement, but the fund was exhausted before the health problems of many veterans became apparent. The New Zealand government initially stated that no New Zealanders were deployed in areas where defoliants were used. A 2001 report found no evidence that exposure to defoliants had affected the health of veterans' children, although it did bring new evidence of exposure. -
In the UNITED STATES COURT of APPEALS for VETERANS CLAIMS
In the UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 13 - 3339 _______________ ROBERT H. GRAY, Appellant, v. ROBERT MCDONALD, Secretary of Veterans Affairs, Appellee. Brief of Amicus Curiae, Blue Water Navy Vietnam Veterans Association, and Military-Veterans Advocacy John B. Wells LA Bar #23970 P. O. Box 5235 Slidell, LA 70469-5235 (mail) 769 Robert Blvd., Ste 201D Slidell, LA 70458 (physical) 985-641-1855 985-649-1536 (fax) [email protected] Table of Contents Table of Authorities........................................................... ii Interest of the Amicus Curiae....................................................v Statement of the Issues. ....................................................... vi Statement of the Case. ........................................................ 1 Summary of the Argument...................................................... 2 History of the Blue Water Navy Controversy. ..................................... 2 Argument.................................................................... 6 I. The Finding That Da Nang Harbor Was Not Part of Inland or Internal Waters Was Arbitrary and Capricious, Unsupported by Substantial Evidence and in Violation of International Treaties and Supreme Court Jurisprudence.................................................... 6 II. The BVA Erred in Not Finding that the Veteran Suffered Direct Exposure to Herbicides. .................................................. 10 III. The BVA Finding that the Veteran’s Departure from the Ship Was Not Documented in the Deck Log -
Viet. Assoc. for Victims of Agent Orange V. Dow Chem. Co., 517 F.3D 104 (2D Cir
digitalcommons.nyls.edu The Honorable Roger J. Miner ’56 Papers Circuit Court Opinions 2009 Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009). Roger J. Miner Follow this and additional works at: https://digitalcommons.nyls.edu/circuit_opinions Recommended Citation Miner, Roger J., "Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009)." (2009). Circuit Court Opinions. 17. https://digitalcommons.nyls.edu/circuit_opinions/17 This Article is brought to you for free and open access by the The Honorable Roger J. Miner ’56 Papers at DigitalCommons@NYLS. It has been accepted for inclusion in Circuit Court Opinions by an authorized administrator of DigitalCommons@NYLS. Roffer, Michael 8/5/2015 For Educational Use Only Vietnam Ass'n for Victims of Agent Orange v. -
The Blue Water Navy Saga Military-Veterans Advocacy Procopio V. Wilkie
The Blue Water Navy Saga Agent Orange Benefits in the Wake of Procopio v. Wilkie Commander John B Wells, USN (Ret) Executive Director Military-Veterans Advocacy www.militaryveteransadvocacy.org [email protected] 985-641-1855 Military-Veterans Advocacy Non-Profit 501(c)(3) corporation PLitigate, Legislate and Educate on Behalf of Veterans. PAll Volunteer Organization. PWe are on Facebook at Military-Veterans Advocacy Inc. PWe are on Twitter at @MVadvocacy. PWeb site www.militaryveteransadvocacy.org Procopio v. Wilkie 913 F3d 1371 (Fed. Cir. 2019) PEn banc decision 9-2. POverruled decade old precedent. < Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008). PHolding of the Court: < Agent Orange Act applied to those who served in the territorial sea of the “Republic of Vietnam.” PRocked the VA to its core. PMajor victory in a 17 year struggle. < Affects up to 80,000 veterans. PPathway for the future. History of the Blue Water Navy Controversy Operation Ranch Hand P USAF sprayed 12 million + gallons of herbicide laced with dioxin throughout South Vietnam War. P Herbicide was nicknamed Agent Orange due to orange stripe on the 55 gallon containers. P Agent Orange and the other “rainbow herbicides” were used to defoliate areas providing cover to enemy forces. P Spraying included coastal areas and the areas around rivers and streams that emptied into the South China Sea. P Legislative and Regulatory History of the Blue Water Navy Controversy Dioxin Act PVeterans’ Dioxin and Radiation Exposure Compensation Standards Act. < Pub. L. No. 98-542, 98 Stat. 2725 (1984)(the “Dioxin Act”). PDirected the VA to “establish guidelines and (where appropriate) standards and criteria for the resolution of claims” based on dioxin exposure during service “in the Republic of Vietnam.” Legislative and Regulatory History of the Blue Water Navy 38 CFR § 3.311 P Issued in 1985 < 50 Fed. -
Hereinafter “IOM Agent Orange Review”]
The Jerome N. Frank Legal Services Organization YAL E L A W S C H O O L January 18, 2014 BY ELECTRONIC MAIL Wesley T. Carter, Major, USAF Retired Chair, The C-123 Veterans Association 2349 Nut Tree Lane McMinnville, Oregon 97128 Dear Major Carter, On behalf of the C-123 Veterans’ Association, you have asked us to consider whether existing medical and scientific evidence satisfies the U.S. Department of Veterans’ Affairs (“VA”) legal standard for “actual exposure” to herbicide agents such that veterans who served on C-123 aircraft (also referred to as UC-123K) between 1972 and 1982, which were used to spray Agent Orange and other tactical herbicides in Vietnam, are eligible for presumptive service connection for disability compensation benefits. We are pleased to provide our legal opinion on this question. We conclude that existing evidence indicates that C-123 veterans satisfy the legal standard for “actual exposure” to tactical herbicides. These veterans are thus entitled to presumptive service connection for listed diseases. Because those veterans who served on C-123 aircraft formerly used to spray Agent Orange and other tactical herbicides can prove actual exposure, by law and regulation they need not demonstrate that they served in the Republic of Vietnam, nor are they required to present evidence bearing on “bioavailability” of herbicides, the duration or magnitude of their exposure, or any other criteria. Under existing medical and scientific evidence, service on C-123 aircraft used to spray Agent Orange satisfies the VA’s standard for actual exposure to herbicides. Thus, veterans who served on such aircraft and who have a disease listed as service-connected for exposure to tactical herbicides are entitled to disability benefits on that basis. -
Self-Help Guide to Service-Connected Disability Compensation for Exposure to Agent Orange for Veterans and Their Families
THE VVA SELF-HELP GUIDE TO Service-Connected Disability Compensation For Exposure To Agent Orange FOR VETERANS AND THEIR FAMILIES MAY 2016 TABLE OF CONTENTS Foreword ................................................................................................. 1 Introduction ............................................................................................. 2 What Is Agent Orange?................................................................................ 3 What Is “Presumptive” Service-connected Agent Orange Disability Compensation? ............................................................................ 6 How Do I Know If I Qualify for Presumptive Service-connected Agent Orange Disability Compensation? .......................................................... 7 What Is the Agent Orange Registry? ............................................................... 8 How Do I File a Claim with the VA for Presumptive Agent Orange Disability Compensation? ...........................................................................10 Is Presumptive Service-connected Agent Orange Disability Compensation Available to Surviving Family Members of a Deceased Vietnam Veteran? ................13 Is Presumptive Service-connected Agent Orange Disability Compensation Available to Biological Children of Vietnam Veterans Born with Certain Birth Defects? ...15 Is Presumptive Service-connected Agent Orange Disability Compensation Available to Incarcerated Vietnam Veterans? ...................................................16 What Other -
Rainbow Herbicides/ a Brief History
RAINBOW HERBICIDES: A Brief History and Impact “Tactical Herbicides” Vietnam and Southeast Asia 1965-1970 Developed for use by Vietnam Veterans of America Wisconsin State Council’s Toxic Exposure Committee & Education Team - Team Wisconsin Copyright © 2019 Preface The intent of this document is to: a) provide a brief history of the use of “tactical herbicides” in Vietnam and Southeast Asia, b) share the impact tactical herbicides have had on Veterans exposed to these chemicals in the U.S. as well as exposure to these herbicides during testing, storage, and shipping, c) the impact on personnel who dispersed the more than 11 million gallons of Orange herbicide, hereafter referred to as Agent Orange or AO, used from 1965 to 1971” (Perkins Studdard, 2017)1 and the long-term impact of those tactical herbicides on our Veterans who served in Vietnam and Southeast Asia during the dispersal period, and d) the impact tactical herbicides with dioxins have had on Veterans, their children, grandchildren, and future generations. The information provided has been gathered from articles, research, and stories shared by Veterans. Today marks 55 years since the beginning (1964-1975) of the U.S. combat role in Vietnam. According to statistics gathered by The U.S. Wardogs Association, Inc. from 1995 and 2000 census reports during the Vietnam Era: a) 9.1 million military personnel served on active duty, b) 8.7 million were on active duty during the war, c) 2.7 million Americans served in Vietnam, d) 3.4 million (including .5 million offshore) served in throughout Southeast Asia (i.e., Vietnam, Laos, Cambodia, and Thailand), e) More than seven thousand women served in Vietnam - 83.5 percent were nurses, and f) 58,202 Americans were killed in action. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION Vol. 141 WASHINGTON, TUESDAY, JUNE 27, 1995 No. 106 House of Representatives The House met at 10:30 a.m. and was Nevertheless, I have noticed a great does that 20-percent cut mean? First of called to order by the Speaker pro tem- deal of media discussion again compar- all, is it a 20-percent real cut? Did the pore [Mr. EMERSON]. ing the President's new budget that he President mean that Federal agencies f talked about in his televised presen- will have 20 percent less budget or did tation to the Nation a couple of weeks he mean it will be a Washington cut, DESIGNATION OF SPEAKER PRO ago with the proposed united congres- there will be a 20 percent decrease in TEMPORE sional budget, and by united congres- the amount of new spending? I think The SPEAKER pro tempore laid be- sional budget, I mean the House-Senate that is a reasonable question, but there fore the House the following commu- conference report which is coming to is no answer to it. nication from the Speaker: us. Further, does that mean a 20-percent WASHINGTON, DC, Now, I have to say with the utmost cut across the board? That means, how- June 27, 1995. respect: ``What new budget from the ever you define a cut, will every single I hereby designate the Honorable BILL EM- President of the United States?'' agency except for the military and ex- ERSON to act as Speaker pro tempore on this Now, Mr. -
Agent Orange VA Claims—Don't Forget the “Blue Water” Sailors
LAW REVIEW 16010 February 2016 Agent Orange VA Claims—Don’t Forget the “Blue Water” Sailors By Captain Morgan Little, USN (Ret.)1 and Captain Samuel F. Wright, JAGC, USN (Ret.)2 11.0—Veterans’ claims Agent Orange is the nicKname for a tactical herbicide that was very widely used by United States forces during the Vietnam War.3 At the time, Agent Orange was thought to be benign with respect to its effect on human health, but over time it became clear that humans suffer major adverse health effects from exposure to this chemical through inhalation, ingestion, or exposure via the sKin. Individuals who have been exposed to Agent Orange have a much higher incidence of diabetes, prostate cancer, and other diseases and conditions, and these diseases and conditions often manifest themselves decades after exposure. Of course, it is also true that millions of humans who have never served a day in the uniform of this or any other country and who have not been exposed to Agent Orange have developed these common diseases and conditions, because of genetic predisposition or because of environmental or occupational exposure to other harmful agents. In an individual case, there is no way to distinguish a disease caused by exposure to Agent Orange in military service from a disease that the individual may suffer anyway without regard to having served in the U.S. military. The United States Department of Veterans Affairs (VA) administers the provisions of title 38 of the United States Code that provide for monetary compensation for injuries and illnesses incurred during or resulting from military service.