Agent Orange and the Vietnam Veteran
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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. -
Diasporic Vietnamese Remembrance
UNIVERSITY OF CALIFORNIA Los Angeles “The line between life and death in the high seas is very thin, almost invisible”: Diasporic Vietnamese Remembrance A thesis submitted in partial satisfaction of the requirements for the degree Master of Arts in Asian American Studies by Tiểu-Khê Lê 2015 © Copyright by Tiểu-Khê Lê 2015 ABSTRACT OF THE THESIS “The line between life and death in the high seas is very thin, almost invisible”: Diasporic Vietnamese Remembrance By Tiểu-Khê Lê Master of Arts in Asian American Studies University of California, Los Angeles, 2015 Professor Thu-huong Nguyen-vo, Chair This project investigates the ways in which Vietnamese American modes of remembering support, unsettle, resist, refuse, and/or shape dominant western narratives that consolidate the Vietnam War, and the Vietnamese diaspora, into a single story of a masculine, militaristic, heteropatriarchial, and completed struggle between North and U.S.-backed South Vietnam. The first section explores how the design, construction, and everyday interactions with two Vietnam War monuments in Orange County, California’s Little Saigon intervenes in the two monuments’ attempts at consolidating western empire with Vietnamese bodily representation. The second section examines An-My Le’s photography series, Small Wars, which centers on how circulation of media footage and film shape western narrative of the Vietnam War. Queer readings, theories of heterotopic space, ethnography, landscape theory, and transhistoricism are some guiding frameworks to this thesis. ii The Thesis of Tieu-Khe Le is approved. Victor Bascara Kyungwon Hong Thu-huong Nguyen-vo, Committee Chair University of California, Los Angeles 2015 iii DEDICATION to anyone who has found themselves lost at sea. -
Blue Water Navy Communications Toolkit
BLUE WATER NAVY COMMUNICATIONS TOOLKIT The Blue Water Navy Communications Toolkit This Blue Water Navy Communications Toolkit supports the effort to raise awareness and understanding of Public Law 116-23: Blue Water Navy Vietnam Veteran Act of 2019 and the U.S. Department of Veterans Affairs’ (VA) updated policy for processing claims of Vietnam War Veterans, and their dependents and survivors, related to presumptive exposure to herbicides such as Agent Orange. Certain aspects of the VA Home Loan process were also affected by this legislation and are likewise explained within the enclosed resources. This toolkit is a guidebook to understanding the criteria for service connection based on VA’s revised policy. It outlines how Veterans, survivors and dependents can access potential benefits associated with military service. Veterans Affairs’ primary goal is to inform Veterans, their dependents, survivors, key internal and external stakeholders, and others by ensuring the proactive dissemination and delivery of educational materials about the change in VA policy. VA also wants to ensure effective com- munication with eligible Blue Water Navy Veterans and their family members regarding the revised process for submitting disability compensation claims related to herbicide exposure during their Vietnam War service. This Communications Toolkit consists of the following documents: Factsheet – A one-page overview. 101 Presentation – An in-depth explanation, with examples and detailed information. FAQs – Frequently Asked Questions Poster – A printable resource to raise awareness and provide a url address. Fraud Flyer – A printable resource to inform Veterans about avoiding scams. Blue Water Navy Vietnam Veterans Act 2019 Law Extends Benefits for Eligible Veterans Public Law 116-23, (Blue Water Navy Vietnam Veterans Act 2019) Public Law 116-23, (Blue Water Navy Vietnam Veterans Act 2019) was signed into law on June 25, 2019 and takes effect January 1, 2020. -
Blue Water Navy Vietnam Veterans Act of 2019
PUBLIC LAW 116–23—JUNE 25, 2019 BLUE WATER NAVY VIETNAM VETERANS ACT OF 2019 VerDate Sep 11 2014 06:12 Sep 30, 2019 Jkt 089139 PO 00023 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL023.116 PUBL023 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 966 PUBLIC LAW 116–23—JUNE 25, 2019 Public Law 116–23 116th Congress An Act To amend title 38, United States Code, to clarify presumptions relating to the June 25, 2019 exposure of certain veterans who served in the vicinity of the Republic of Vietnam, [H.R. 299] and for other purposes. Be it enacted by the Senate and House of Representatives of Blue Water Navy the United States of America in Congress assembled, Vietnam Veterans Act SECTION 1. SHORT TITLE. of 2019. 38 USC 101 note. This Act may be cited as the ‘‘Blue Water Navy Vietnam Veterans Act of 2019’’. SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VET- ERANS WHO SERVED IN VICINITY OF REPUBLIC OF VIETNAM. (a) IN GENERAL.—Chapter 11 of title 38, United States Code, is amended by inserting after section 1116 the following new section: 38 USC 1116A. ‘‘§ 1116A. Presumptions of service connection for veterans who served offshore of the Republic of Vietnam Time period. ‘‘(a) SERVICE CONNECTION.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service. -
Agent Orange News Clips, May 6 - June 29, 1982
4943 item n Number ° D N0t scanned Author CorOOratB Author Veterans Administration, Office of Public and Consumer RflDOrt/ArtiClB TltlB VA in tne News: Agent Orange News Clips, May 6 - June 29, 1982 Journal/Book Title Year °000 Month/Day Color n Number of Images ° DBSCrlOtOn NOtBS Photocopies of newspaper clippings. Also included are a VA bumper sticker, and a VA brochure entitled "Agent Orange: Meeting Veterans' Concerns" from November 1985. Friday, February 22, 2002 Page 4943 of 5115 Veterans Administration November 1985 AGENT ORANGE Meeting Veterans' Concerns SOUTH A COMMITMENT TO SERVING VIETNAM VETERANS CONCERNED ABOUT AGENT ORANGE AGENT ORANGE The Veterans Administration (VA) has been directly involved in the conduct and monitor- ing of a wide variety of research and other ac- tivities related to the many and complex pieces of the Agent Orange puzzle. A number of these major efforts are discussed on the following pages. Additional information is available from the Agent Orange Projects Of- fice (10X2), Veterans Administration Central Office, Washington, DC, and the environmen- tal physician at the nearest VA Medical Center or Outpatient Clinic, MEETING VETERANS1 CONCERNS RESEARCH mm JSP*! Vietnam Veterans Mortality Study This effort is designed to assess mortality pat- terns among U.S. Army and Marine Corps veterans who served during the Vietnam era. A sample of 75,000 veteran deaths has been ran- domly selected from VA files. For each of these veterans, military service and cause of death in- formation is being collected and coded. The two types of data will be merged and analyzed to compare the mortality experience of veterans who served in Vietnam with veterans who served elsewhere during the Vietnam era. -
Sources of Vietnam Veteran Pro- and Antiwar Political Attitudes1
Sociological Forum, Vol. 29, No. 1, March 2014 DOI: 10.1111/socf.12071 Memories of War: Sources of Vietnam Veteran Pro- and Antiwar Political Attitudes1 David Flores2 The sources of political attitudes are among the most studied phenomena of modern politics. Moving away from the traditional focus on party systems, the demographic characteristics of voters, or political socialization, I consider instead how memory and narrative shape political consciousness. Specifically, I focus on how culturally sanctioned memories of warfare influence the political attitudes of 24 Vietnam veterans. I compare two groups of Vietnam veterans who went to Vietnam in support of the war and political status quo, but who returned with opposing attitudes toward war. How can we understand these contrasting outcomes? Specifically, how do memories of war shape political attitudes? Antiwar veterans relate similar narratives of having their idealistic views of war challenged and experiencing a major rethinking of their support when they learn the true nature of warfare. On the other hand, pro-war veter- ans share a patterned narrative of indifference rather than idealism when describing their continued sup- port of the war and political status quo after they return from Vietnam. I conclude by arguing that memory and narrative are an important mechanism for shaping political attitudes. KEY WORDS: cognition; memory; narrative; political attitudes; Vietnam veterans; war. INTRODUCTION: POLITICAL ATTITUDES The sources of political attitudes are among the most studied phenomena of modern politics. Sociologists and others studying political attitudes generally focus on three sources that shape political opinions: party alignments, sociode- mographic characteristics, and political socialization. -
The Amounts Used Are Varying for Several
This is an "Agent Orange" page I formatted for Paul Sutton, who was then President of the New Jersey State Council of the Vietnam Veterans of America, and Chairman of the VVA's national Agent Orange and Dioxin Committee. This information has never, to my knowledge, appeared in any VVA publication, nor has it been publicly published elsewhere. Mr. Sutton has since resigned his positions in the New Jersey VVA. This document is not an official publication of the Vietnam Veterans of America, but was formatted by me to appear as if it was -- in the hopes that we could push the VVA to publish the data. Seems this info is still a political hot potato. Andrew Wilson UtVet.com editor and publisher Former Director, Utah VVA Chapter 924 The amounts used are varying for several reasons-- some only include air spraying-- others do not include repeated spray over the same area-- and some include the other locations that were not in Nam--see attached-- when you add all the variables it does total over 22 mil gallons ===================================== EXECUTIVE SUMMARY THE HERBICIDAL WARFARE PROGRAM IN VIETNAM, 1961 - 1971 Operations Trail Dust/Ranch Hand H. Lindsey Arison III [email protected] Prefatory Notes: The military use of herbicides in Vietnam began in 1961, was expanded during 1965 and 1966, and reached a peak from 1967 to 1969. Herbicides were used extensively in Vietnam by the U.S. Air Force's Operation RANCH HAND to defoliate inland hardwood forests, coastal mangrove forests, and cultivated land, by aerial spraying from C-123 cargo/transport aircraft and helicopters. -
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. -
Agent Orange Understand the VA Claims Process
The American Legion FILING A VA CLAIM CONTACT INFORMATION The American Legion offers a free Claims Coach • The American Legion National Headquarters, app that helps veterans and their surviving spouses 202-861-2700 (Washington Office) legion.org Agent Orange understand the VA claims process. The app’s step- • Department of Veterans Affairs VA Benefits Call by-step process allows users to find a service officer Center, 800-827-1000 Benefits&Programs nearby, create a checklist, set appointment remind- • VA Health Care, 877-222-8387 ers and manage claims. To download the app, visit A guide for those who served in Vietnam, legion.org/mobileapps. • Agent Orange updates and information Korea and Thailand, and their families va.gov/agentorange The Claims Coach can also be accessed via computer by going to legion.org/mobileapps and clicking on “use the SPINA BIFIDA CONTACTS Claims Coach on your desktop.” • Veterans Health Administration (VHA) 800-733-8387 To locate an accredited American Legion Department Service Officer, go to legion.org/serviceofficer. • Shriners Hospital for Children 800-237-5055 or shrinershq.org ELIGIBILITY FOR AGENT ORANGE RELATED JOIN THE LEGION HEALTH CARE A Vietnam-era herbicide-exposed veteran does not have At about 2 million strong, The American Legion is the largest veterans service organization in the world. to be rated service-connected to be eligible for Agent Every day, The American Legion works for veterans, Orange related health care. A Vietnam-era herbicide-ex- their families and the communities in which they live. posed veteran is eligible notwithstanding that there is in- To join The American Legion, please visit legion.org/join. -
The United States' Chemical Defoliant Use During the Vietnam War and Its
ABSTRACT OATSVALL, NEIL SHAFER. War on Nature, War on Bodies: The United States’ Chemical Defoliant Use During the Vietnam War and Its Consequences. (Under the direction of Matthew Morse Booker.) During most of the Vietnam War, from 1961-1971, the United States military sprayed chemical defoliants on a significant part of the Vietnamese environment in order to gain a military advantage. US forces used these chemicals in an attempt to substitute technology and financial resources for manpower to triumph over a relatively technologically deficient enemy. This effort, dubbed “Operation Ranch Hand,” wrought incredible destruction not only on Vietnam’s natural setting, but also on everyone involved; Vietnamese and American, civilian and soldier. This work examines the consequences of defoliation, and aims to show that those outcomes proved more severe in both scale and efficacy than any anticipated results. It differs from previous studies by combining environmental, military, medical, and cultural factors and considering them as interrelated. Whenever possible this study also tries to bring in a Vietnamese perspective, though that is often impossible due to a lack of available evidence in English. In this war, the United States treated not only the Vietnamese Communists as enemies but also assaulted the natural environment as foe. The interconnections forged during this complicated interpretation of nature and enemy are essential to the study of Operation Ranch Hand and chemical defoliation operations. Nature mattered to both sides, and an -
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.