David Barker 1989, 1992, 1997,
AMVETS Department of Ohio 1999, 2001, 2002
THIS INFORMATION IS FOR: THOSE WHO HAVE FOUND IT DIFFICULT TO OBTAIN THE TRUTH, FROM THEIR GOVERNMENT
.IF YOU WERE EXPOSED TO AGENT ORANGE READ THIS!
Written by: David A. Barker, State Service Officer for AMVETS.
Formerly the Senior Veterans Service Officer for Franklin County Veterans Service Commission. He has filed thousands of claims in his career, as a veterans service officer. He filed his first Agent Orange claim in February 1983. He had filed over 1,100 Agent Orange claims before the VA agreed in The United States District Court, in San Francisco, to process these type claims.
This book is in the U.S. Library of Congress
DAVE BARKER IS A VETERAN OF THE U.S. NAVY
THE ENEMY OF THE SKY
There has been much discussion in regards to the use of herbicide in the Republic of Vietnam. Some people have gone so far as to make fun of those exposed to this type of defoliant. Some people even attempted to downplay the affect on the obviously affected. Separate agencies of the United States government have made entirely different decisions regarding the danger involved.
Since 1950, most of the chemical industry has known the toxic effect of the combination of the two main ingredients of the herbicide we now call AGENT ORANGE. If the manufacturing of the herbicide was not carefully controlled, a dioxin was produced called contaminate TCDD. This dioxin was extremely dangerous and it was stated by scientists that it caused severe damage to animal life. The Agent Orange produced for the use in Vietnam had 30-40 parts per million of the contaminant.
Federal regulations in regard to this herbicide had been discussed a number of times between 1948 and 1951. It was registered in 1948. In 1951 the military's choice was to use an equal mixture of the developed mixtures of BUTYL ESTERS of the chemical 2,4-D and 2,4,5-T. The effectiveness of this mixture was tested in a four mile square at Fort Drum, NY. During February 1961 the United States conducted a large scale application in Vietnam.
The chemical was never tested for its toxic effects by the government. The USDA, which was responsible for its testing, left the decision up to the chemical companies to determine the safety of the people who would be exposed, the Americans in combat! For this chemical was used to clear areas our fighting forces were protecting. The defoliant was used to benefit our side.
Several years after the use of this herbicide began, the EPA tested it for use in the United States by the companies that wished to clear right of ways for power companies and other assorted reasons. The EPA came up with startling requirements: the TCDD could not exceed 1 ppm (part per million); the material could not be applied more than once per year; the product could not be used near food grown for human consumption; it could not be used near streams or ponds where animals consumed by humans would drink; and strict safety equipment would be worn to protect those who applied the material. Meanwhile in 1969 OSHA came down on the manufacturing of this chemical in guidelines, which were closely followed, both in the application and manufacturing in the United States.
We now must remember the product to be used in the USA contained 1 ppm while the product in Vietnam contained 30-40 ppm. This deadly, to some forms of animal life, chemical was being dropped, on our own soldiers, sailors, and marines in Vietnam on a regular basis, most often as once per quarter rather than annually. We have evidence that shows mistakes in the mixing of Agent Orange that on some applications the pure concentrate was applied. One example was at Long Binh in March 1969. The Duty Officers Log showed that 300 gallons of uncut material was sprayed in the watershed area. The men and women in the area were never notified of the over spray. The herbicide was sprayed by helicopter, not an airplane; thus, never included in Ranch Hand reports.
In a seldom spoken of disposal of the Agent Orange at the Johnston Atoll, years after the war was finished, the Operation Ranch Hand completed its final job in the herbicide program involving Agent Orange. The remaining supply of the chemicals were burned on the island, carefully monitored by Battelle Columbus Laboratories. The in charge officers made sure every person involved wore protective gear. Every safety precaution was taken, and well should have been taken, just as they should have done in Vietnam but didn't. One of the Battelle employees involved in the project informed me the chemical was considered hazardous and was treated as such by the USAF (Operation Ranch Hand). These are the same people (USAF), who maintain even today there were no harmful effects.
Again, we have various agencies claiming different positions on the same Agent Orange issues. The recent Center for Disease Control (CDC) studies in regard to Vietnam veterans (7,942) compared to non-Vietnam veterans (7,364) have shown some striking notations in the JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION, May 13, 1988 and thus we will not quote. We will advise you that after reading the complete article we have noted the CDC failed to have adequate assets to examine rare cancers. The report also stated on page 2,712 of volume 259, number 18 that they examined a few who had been heavily exposed to the herbicide. There was a notable difference in sperm count. Overall, the report was one of anti-selection of what was needed, those that were exposed to the herbicide.
It is now time for Congress to face the facts, the Vietnam war started years before the Gulf of Tonkin incident. The war powers act invoked for President Johnson was after the fact. Agent Orange was used in Vietnam in early 1961 and Americans were exposed on that date and thereafter until its use was discontinued and effect removed.
POISON: AGENT ORANGE
In regards to the question of toxic poison the substance which is commonly referred to as "Agent Orange", which is the result of exposure to TCDD or 2,4,5-T and 2,4-D when they are combined into one product.
Since 1950 most of the chemical industry has known that large quantities of TCDD may be formed as a by-product of the 2,4,5-T manufacturing process if the technical procedures were not carefully controlled. At one time, 2,4,5-T which contained 30-40 ppm of TCDD was produced. After concern was raised in 1969, regarding the extremely toxic effects of TCDD, the manufacturing process was changed and by 1971 industry had reduced TCDD content in commercial samples to near 1 ppm, and several foreign countries now produced commercial 2,4,5-T containing less than 0.5 ppm of TCDD. The combination of 2,4,5-T and 2,4-D is Agent Orange.
Federal regulations in regard to the herbicide 2,3,7,8-TCDD have been discussed a number of times since 1948 when it was registered in March of that year. By 1951, tests determined the herbicide of choice for military defoliant was an equal mixture of butyl esters of 2,4-D and 2,4,5-T. The effectiveness of this formulation was established in 1959 in a large scale test over four square miles at Fort Drum, New York. In 1961 the D.O.D. conducted large scale aerial application in Southeast Asia.
First, the chemical was under the jurisdiction of the USDA. Later the function was transferred to the EPA. On April 13, 1966 the USDA and the EPA did in fact announce in the FEDERAL REGISTER the abolition of the "no." (of drug and chemical registration), as scientifically unattainable. Future registrations were to be granted on the basis of either negligible residue or permissible residue. Industry was given until December 31, 1967 to comply by obtaining tolerances for residues of 2,4,5-T in all treated food, feed products and by-products. On May 1, 1971 the EPA canceled all 2,4,5,-T uses on food crops that were intended for human consumption. Dow & Hercules chemical companies filed against the action so they could continue production of the herbicide. The agreement was reached that the uses of 2,4,5-T could include forests, range land, and rights of way provided the TCDD was limited to 1 ppm contamination. The agreement as well stated the application would not be more than once per year, and the proper caution be made that it would not come into contact with humans. MEANWHILE IN VIETNAM THE SPRAY OF THE STRONGER HERBICIDE CONTINUED TO FALL ON OUR OWN DEFENDERS, the American Soldier, Marine, Sailor, and Airman. What we refer to as TCDD is a dioxin consisting of 2,3,7,8-TCDD: tetrachlor isomer of p-dibenzo dioxin: TCDD. It has been called the most lethal synthetic chemical known to man; but, it is only one group of related aromatic, tricyclic compounds.
Why did the U.S. not keep accurate records in the early applications of the herbicides? The toxic nature of defoliates was known long before the TCDD was applied on a regular basis. To also illustrate my point, the Army made entries in the "DUTY OFFICERS LOG" on the errors often committed in spraying, the persons in those areas were never notified of a possible problem arising in the future, when in fact the Army admitted on form DA 1594, dated March 1969, that an uncut supply of Agent Orange in the amount of 300 gallons was applied in pure form. IT CLEARLY STATED IN ALL INSTRUCTIONS THAT THE MATERIAL MUST BE "CUT" BY EITHER DIESEL FUEL OR WATER! The report stated that the "ORANGE CODE" was applied directly into the watersheds (potable water supply). The report continues, "ORANGE HERBICIDE has a LD 50 for rats of approximately 500mg/kg of body weight, as compared to aspirin (1750mg/kg) and DDT (130mg/kg). Toxicological data against human being is relatively lacking". Why were the military personnel not advised of the toxic nature of the substance used in the application? One answer may be a total lack of concern for the far reaching affects and only the immediate effect was considered.
In a report (A VIDF-GC) as of 10 February 1969, OPERATION REPORT FOR QUARTERLY PERIOD ENDING 31 JANUARY 1969, the following is stated: "the Division has some difficulty in obtaining approval for the use of herbicides from the Quang Tin Province Chief. Personnel of the Division Chemical Section defoliated much of the CLDC perimeter in November, and are presently engaged in completing coverage". As we receive reports from the U.S. Army & Joint Services Environmental Support Group, we compare these to the data we have found through research from many sources. The picture is becoming clear, if the use and manner of the substance known as Agent Orange were put on trial the verdict would be guilty!
One of the major problems with the release of information to the public in regards to the chemical company accidents in private industry, is the fact these companies may or may not release the information on what actually happened. Due to the liability of the accident the situation may be covered up. To give an example: a major spill of dioxin (Agent Orange formula, exactly) in a chemical plant in Nitro, West Virginia in 1949, has been referred to many times by industry and government alike, no significant changes. However, the scientists and the doctors involved in each and every report were employed by the company. TCDD exposure will cause death in animals and humans, depending on the exposure time and amount. It has been proven and accepted by the scientific community that the symptomatology and effects induced by a wide range of factors including dosage, and duration of exposure, presence of other toxic chemicals and the age, sex, and reproductive status of the exposed. The one isolated feature of TCDD from other chemicals is that of the death of the animal exposed may be delayed for several weeks, the cause of death may not be apparent in many species even with an autopsy or tissue examination. Dow Chemical was aware since 1950 of the high possibility that the severely acnegenic impurities were formed in TCP, as the Germans had isolated the dioxin. Dow denied the toxic facts and reported they monitored the situation and the 2,4,5-T was absolutely non-toxic. By 1965 Dow confirmed the toxic contaminant was TCDD, and developed a gas chromatographic technique sensitive to 1 ppm of TCDD in TCP 2,4,5-T. Fact: THE USDA DID NOT DO TESTS, they relied on chemical firms. Our government continued to spray in Vietnam with no regard to the evidence being shown in private, as well as, government research.
In a review of reports published in September 1978 from OSHA, I have compared that specific data with the position of the Department of Veterans Affairs, the Air Force studies, as well as other government agencies. If you will compare the prior data I have submitted, you will see conflicting information from the same government. To briefly quote from OSHA:
OCCUPATIONAL HEALTH GUIDELINE FOR 2,4,5-T.
INTRODUCTION
This guideline is intended as a source of information for employees, employers, physicians, industrial hygienists and other occupational health professionals who may have a need for such information. It does not attempt to present all data, rather it presents information and data in summary form.
Permissible Exposure Limit
The current OSHA standard for 2,4,5-T is 10 milligrams of 2,4,5-T per cubic meter of air (mg/,m3) average over an eight hour work shift.
Health Hazard Information
Routes Of Exposure
2,4,5-T can affect the body if it is inhaled or if it comes into contact with the eyes or skin. It can also affect the body if it is swallowed.
Effects Of Overexposure
Exposure to 2,4,5-T may cause abdominal pain, nausea, vomiting, diarrhea, and blood in the stool. It may also cause acne and liver damage. Animal experiments have shown these contaminants may produce damage in unborn rats.
Reporting Signs and Symptoms
A physician should be contacted if anyone develops any signs or symptoms and suspect that they are caused by exposure to 2,4,5-T.
Summary of Toxicology
2,4,5-T (2,4,5-Trichlorophenoxyacetic acid) is of low toxicity. The oral LD50 for dogs is in the range of 100/mg/kg or higher; effects are limited to a slight to moderate stiffness in the hind legs with the development of ataxia. Contaminants of commercial preparations of 2,4,5-T have been 2,3,6,7-Tetrachlorodibenzo-p-dioxin (TCDD), a potent acnegenic agent which is hepatotoxic in animals; they are presented as unwanted side products of synthesis of 2,4,5-T. In a study of 73 workers in a 2,4,5-T manufacturing plant, 13 had moderate to severe acne from dermatitis (chloracne) and 22 had gastrointestinal complaints, such as nausea, vomiting, diarrhea, liver dysfunction was found; although no air samples results were reported, the chloracne was thought to be a result of exposure to TCDD. 2,4,5-T dust is a slight irritant of the skin.
Chemical and Physical Properties
Physical Data
1. Molecular weight: 255.5
2. Boiling point (760 mm Hg); Decomposes above melting point
3. Specific gravity (water=1): Greater
4. Vapor Density (air+1 at boiling point of 2,4,5-T): Not applicable
5. Melting point: 158 Celsius (316 Fahrenheit) decomposition
There is also a similar report on 2,4-D.
SUBSTANCE IDENTIFICATION
Formula: Cl2C6H3OCH2COOH
Synonyms: 2,4-Dichlorophenoxyacetic acid
Appearance and odor: Colorless and odorless solid
PERMISSIBLE EXPOSURE LIMIT
The 1978 OSHA standard was set at 10mg per cubic meter of air averaged over an eight hour work shift.
HEALTH HAZARD INFORMATION
ROUTES OF EXPOSURE
2,4-D can affect the body if it is inhaled, contacts the skin or eyes or swallowed. It may enter through the skin.
EFFECTS OF (OVER) EXPOSURE
1. Short term may cause weakness, stupor, muscle twitching and convulsions. It may
cause a rash and may cause liver damage.
2. Long term is not known; the issue is clouded by politics.
3. Exposure requires a physician.
SUMMARY OF TOXICOLOGY
2,4-D dust causes signs of both hypo- and hyperexcitation of the central nervous system in animals. Sudden death is possible in massive doses. I have no evidence in any death of a human by ventricular fibrillation. Persons or animals exposed to massive dosages would have convulsions of a violent nature.
Contact on the skin will cause dermatitis.
CHEMICAL AND PHYSICAL PROPERTIES
PHYSICAL DATA
1. Molecular weight: 212
2. Boiling point (760 mm Hg): Decomposes
3. Specific gravity (water=1): 1.1(estimated)
4. Vapor density (air=1 at boiling point of 2,4-D): 7.63
5. Melting point 140C (248 F)
6. Vapor pressure at 20C (68 F): Essentially zero
7. Solubility in water, at 20C (68 F): 0.07ppm
8. Evaporation rate(butyl acetate=1): N/A
REACTIVITY: contact with strong oxidizers may cause fires and explosions.
A very important note: in 1978 OSHA report we have just quoted also stated the following "Parenteral administration to dogs has caused sneezing, lacrimation, and rubbing of the eyes, along with gastrointestinal disturbances." In 1991 it was learned that dogs exposed to 2,4-D used in normal weed control in backyard America became victims of cancer at unusually high rates.
SOFT TISSUE SARCOMA
There are finally new rules falling into place as guidelines for the VA to adjudicate claims related to exposure to Agent Orange. It seems as if it has been a major undertaking for the VA to finally recognize the devastation placed upon the victims of exposure to herbicides in Vietnam. We need to understand that the following subject, soft tissue sarcoma, is one of many subjects under consideration. The VA has moved painfully slow in the quest to make things right for the affected veterans. In mid 1992 I saw two claims under close scrutiny for soft tissue sarcomas, one was denied although it seems to meet the following criteria. The claim was actually to be approved; but there was a question of this condition not being one of the approved cancers. Thus, the veteran's widow must wait until the National Academy of Science and the VA reach an accord. We must remember the VA cannot give the veteran anything they are not required by law to give.
In order to prove disability (or death) compensation for soft tissue sarcoma under the new rule, the veteran or survivor must show service in Vietnam, the waters off shore, (which have found to have an extremely high risk factor) or other duty in Vietnam areas that may have reason to support a claim including visitation to Vietnam. Also required is that the veteran first developed soft tissue sarcoma after he or she was in Vietnam. There is no requirement under this set of rules to prove exposure to herbicides including Agent Orange. This serves a two fold purpose: first, the VA still does not admit Agent Orange causes any problem other than chloracne; second, it can be used to prevent blanket claims of exposure and cause conditions yet undetected. The following are conditions considered as soft tissue sarcoma: adult fibrosarcoma; dermatofibrosarcoma protuberans; malignant fibrous histiocytoma; liposarcoma; leiomyosarcoma; epithelioid leiomyosarcoma (malignant leiomyoblastoma); rhabdomyosarcoma; ectomesenchymoma; angiosarcoma (hemangiosarcoma and lymphangiosarcoma); proliferating (systematic) angio endotheliomatosis; malignant glomus tumor; malignant hemangiopericytoma; synovial sarcoma; malignant giant
cell tumor of the tendon sheath; malignant schwanna; malignant mesenchymoma; malignant granular cell tumor; alveolar soft tissue sarcoma, epithelioid sarcoma; clear cell sarcoma of tendons and aponeuroses. These are listed, but it by no means excludes the possibility of others being accepted and added as accepted conditions. We must remember the VA will accept only those conditions mandated to them, it is the law. It will be to our advantage to check each and every condition, prior to submittal of a claim, so that we understand the exact relationship of the soft tissue sarcoma and its direct relationship with the exposure to Agent Orange.
It would seem as if with all of the publicity given to the new regulations regarding AGENT ORANGE, we would be seeing a tremendous explosion of veterans being awarded benefits. Instead we see a dribble coming down from the IVORY TOWER allowing a select few (albeit good guys) awards for very rare conditions; thus, preventing a severe hit on the 'beloved budget' that seems to control everything in Washington, D.C. To cite an example of nit picking, the VA had approved "Non Hodgkin's Lymphoma" yet it did not consider Hodgkin's Disease, why we asked, and the answers given were vague indeed, (that is if you got an answer). The VA was to be under the gun on this issue as Hodgkin's Disease has similar frequency rate as Non Hodgkin's Lymphoma, although somewhat less. To define the two in comparative facts: Hodgkin's Disease is a chronic disease with lymphoreticular proliferation of unknown cause that may be present in localized or disseminated form. Annually in the USA, 5,000 to 6,000 new cases are diagnosed. The male to female ratio is 1.4 to 1. Peaks in age have been age 34 and age 54. Sound like a familiar age group? Considering the research I used in this chapter is the MERCK MANUAL 1982 EDITION. It is apparent the ages fall into the Vietnam veteran age groupings. The most common staging system is the Ann Arbor method. Stage I: disease limited to one anatomic lymph node region. Stage II: involving two or more anatomic lymph nodes on the same side of the diaphragm. Stage III: disease on both sides of the diaphragm involving lymph nodes of the spleen. Stage IV: extranodal involvement, such as bone marrow, lung or liver.
Non Hodgkin's Lymphoma is a heterogeneous group of diseases, consisting of neoplastic proliferation of lymphoid cells that usually disseminate throughout the body. The terms we have used in the past lymphosarcoma and reticulum cell sarcoma have been replaced by newer terms. Change of the names has made no difference in the progression of the disease. Their courses vary from rapidly fatal to very indolent and initially well tolerated. The classifications are: (1) malignant lymphoma undifferentiated Burkitt's type or non Burkitt's (pleomorphic type); (2) malignant lymphoma, histiocytic; (3) malignant lymphoma, lymphocytic (well differentiated) or (4) poorly differentiated; (5) malignant lymphoma, lymphoblastic. The classes are further divided into nodular or diffuse except for 1 and 5 which only appear in a diffuse pattern. Nodular involvement includes cases in which fibrous strands separate the lymphoma infiltrate into nodules. Non Hodgkin's lymphomas must be differentiated from Hodgkin's disease, and other causes of lymphadenopathy. There are 7,000 to 8,000 new cases per year. Lymphoma is a heterogeneous group of neoplasms arising in the reticuloendothelial and lymphatic systems. The major types are described above, there are several other forms not discussed. Neither the VA or any other agency had disclosed information that would lead anyone to believe that Hodgkin's disease is any less a residual of exposure to Agent Orange than non Hodgkin's lymphoma. It seems as if the VA has found another way to admit partial benefits to some Vietnam veterans while still denying benefits to equal or more amounts of other veterans.
SHAM OR SHAME: AGENT ORANGE
Many veterans hopes are riding high on the Secretary of Veterans Affairs decisions. The January 4, 1994 decision to allow presumptive service connection for association of certain additional conditions as being sufficient evidence of association between exposure to herbicides used in Vietnam and the relationship between exposure and multiple myeloma. It was strongly stated that all studies did not support the decision. However, one cited study showed a clear association between herbicides and multiple myeloma. The Federal Register Vol 59, no. 23 dated February 3, 1994 stated "the Secretary has determined that there is positive association between herbicides and multiple myeloma that manifests itself to a degree of 10% at any time after exposure." Also accepted for service connection was "respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)". As quoted from the same Federal Register.
After showing acceptance of those few conditions, the Secretary then ruled out twenty conditions which he determined were not in close relationship to exposure to herbicides used in Vietnam. The first of those conditions that should be addressed is prostate cancer. The Secretary accepted multiple myeloma and respiratory cancers; yet included in the same paragraph indicating suggestive evidence of an association (Albeit Limited), was prostate cancer. To quote the study, Veterans and Agent Orange-Health Effects of Herbicides used in Vietnam (prepublication copy) sent to me August 18, 1993. I quote in part "evidence is suggestive of an association between herbicides and the outcome but is limited because chance, bias, and confounding could not be ruled out with confidence. For example, at least one high-quality study shows a positive association, but the results of other studies are inconsistent. There is limited/suggestive evidence of an association between the exposure to herbicides and the following health outcomes: respiratory cancers (lung, larynx, trachea), prostate cancer, multiple myeloma." This is a direct quote from page 6 of the executive summary.
Since receiving both the executive summary as well as the main text of the study, I have studied both. Also, I have had limited discussions with a Medical Biochemist, employed as a Professor at the Ohio State University. This Professor was involved in the study. Our exchange of information has solidified my position regarding the selective acceptance of those conditions that may be politically correct. The reason of my contention of political correctness is the decision will convince many Vietnam veterans that the Department of Veterans Affairs is recognizing Agent Orange as the killer it is; yet, keep the majority of our veterans away from service connection.
My Associate the Medical-Biochemist, has stated: "Agriculture studies have show some connection to prostate cancer. Prostate cancer has been known as a disease of older men. Pressure must be maintained for studies of Vietnam veterans to be continued." He further stated "I feel if the Secretary accepted multiple myeloma and respiratory cancers, he certainly should have included prostate cancer." These quotes show that a highly regarded source from Ohio State University, Medical Biochemistry Department, who was directly involved with testimony before the academy agrees with the point of prostate cancer should not be excluded at this time.
It is certain that all cancers are not a result of exposure to herbicides. It is also certain that many are a direct result of exposure. It would seem logical to accept as fact those which evidence has proven. To accept those conditions which have suggestive evidence of association; while continuing the studies on the others that may well be suspect. This is not a time to allow political expedience to destroy decades of work on the part of a loyal few believers who have pressed this once dead issue into acceptance on the part of all veterans regardless of their exposure or even period of service.
THE SAGA CONTINUES
Friday morning, the Ides of March, 1996 I received a ten page fax of long awaited news. The National Academy of Science had released its newest studies. These are of course not the final, just the newest. Although to some it may seem like very little; but, to others such as I, it is BIG ground being broken.
If you have followed my writings over the past fifteen years you will remember this ground was covered in the late 80's. In an earlier of writings, there was an essay: The Verdict is in: Guilty which is chapter five of my book IN SEARCH OF THE TRUTH FOR THE VIETNAM COMBAT VETERAN. In that essay it was stated the proof had surfaced regarding birth defects in children of exposed veterans. As a matter of fact in 1984, I had attempted to do a survey of Vietnam veterans exposed to herbicides, and their offspring. This project was through the VFW MAGAZINE. It was not a successful venture as I only received 103 responses out of approximately 250,000 Vietnam veterans who were members at that time. Not getting exactly what I wanted from that project, I sought other sources. Those sources included the Environmental Protection Agency (EPA), Occupational Health Safety Administration (OSHA), the Battelle Institute, The Ohio State University Medical and Biochemistry Department, and the Center for Disease Control (CDC). Their resources were far better than mine, with the exception of the CDC. I challenged the CDC nearly a decade ago when they claimed they could not find 1,100 exposed Vietnam veterans for sample studies. My critique then, as it is now, I had personally filed that many claims by 1988 in one county. How could the CDC claim they could not find 1,100 exposed Vietnam veterans in the whole country? However, I did find much valuable information from the other mentioned sources. In the article, Poison: Agent Orange the issues of birth defects was mentioned. The latest report release from the NAS now states the possibility of a link of exposed to dioxin veterans, to increased risk of Spina Bifida in their offspring. The case studies give support to that position. I still maintain there are many other birth defects as a result of the exposure. I also understand, this is a step by step process and for the first time in our history, it seems as if we actually have a champion in our corner. It important for all of us to remember, it is not over until the final decisions are made into the rules the Department of Veteran Affairs (VA) operates under.
It must be said to all interested; two years before when the first study was released, watered down rules came into effect. Secretary of the VA, Mr. Jesse Brown removed the words prostate cancer from the middle of a sentence. To add irony to the newest report the prostate cancer words were retained by the NAS. It seems as if those doctors know more about cancer than Secretary Brown. I personally have written Secretary Brown of that foul decision. I would hope others would have done the same. It seemed as if the Secretary was exempt from negative critique of many of the veteran groups. He was an great leader of the DAV. He was an excellent Secretary as well.
I have attended over 100 funerals, or wakes of veterans; who died of Agent Orange related conditions. These include prostate cancer. What does it take to get the attention of the powers that be? Prostate cancer is very uncommon in men under age 55; yet many have died from that condition. Meanwhile we struggle for facts. When fact are presented they are clouded by politics. We need to voice our opinions, while we still have the right.
REVIEW QUESTIONS
The Enemy Of The Sky and Poison: AGENT ORANGE, are similar in content. Please list the similar points made in regards to the substance involved. This should include the chemical formula as well as the chemical common name of dioxin. _______________
______________________________________________________________________________________________________________________________________________________________
Now compare the report from the Center for Disease Control with the Battelle Columbus Laboratories. _________________________________________________________
_______________________________________________________________________________
Please describe the lesson learned by the incident at Long Binh and exactly what happened as a result of the error. _________________________________________________
_______________________________________________________________________________
Please define tetrachlorodibenzo-p-dioxin. _________________________________________
_______________________________________________________________________________
In Agent Orange Update 1992 we compared what two conditions? ___________________
__________________________.
Is this an indication of fairness to all exposed Vietnam veterans? Why? _______________
_______________________________________________________________________________
_______________________________________________________________________________
Describe hepatotoxic. ____________________________________________________________
Please list every condition you have that affects your health that is not caused by trauma or congenital defects, that bothered you prior to your tour in Vietnam. (Please use a separate sheet of paper), start your message with the following words "I am affected by the following conditions as a residual of my exposure to Agent Orange:
ARE THEY SERIOUS?
In reference to the unusual coincidence of the Center for Disease Control (CDC) of Atlanta, Georgia, releasing their scientific information that Agent Orange did not cause cancer, and that the same day Secretary Derwinski stating the VA would recognize non Hodgkin's lymphoma, reminds one of a syndicated columnist, Mary McGrory claiming the Agent Orange issue was politics (the article appeared in the Columbus Dispatch in 1989). It may well be politics; but, not as the writer indicated, as it is not politics to give justice to a Vietnam veteran who has lost his or her health as a result of actions taken by their own government in fighting a war with no intention to win. It is not politics to assist families of those who died as a result of the exposure to Agent Orange. It is politics to suppress veterans of the most unpopular war in the history of the United States. It is obvious and has been obvious for a long time that Agent Orange contains dioxin. When Ronald Reagan was President, he signed into law the Agent Orange/Ionization Radiation Act. At the time the act was put into law, it had been considerably watered down by political hacks, while major veteran organizations looked on with no real action coming forth to defend their members who had been exposed. The bill contained provisions to cover soft tissue sarcoma, PCT a liver condition, as well as chloracne which was already recognized. Between the VA and the OMB and all of the other initialed organizations, the bill was watered down and stripped of any meaning and again we were left with chloracne, which we had prior to the legislation.
This led many to believe the government had no intention of living up to its obligation they had promised the veterans when they served the country. There is very little difference in the effects of non Hodgkin's lymphoma and Hodgkin's disease, they both may have the same end result, death. A main difference between the two conditions is the way it attacks the lymph glands and spreads soft tissue sarcoma.
Quite suddenly on Friday, May 18, 1990, it was announced in the WASHINGTON POST headline "AGENT ORANGE MAY BE LINKED TO CANCER IN VETS, U.S. ADMITS". To offer a quote from the article "The government yesterday acknowledged for the first time the Vietnam war may have caused cancers among the 3.1 million U.S. military personnel who served in Southeast Asia." The article which gave hope to many continued later "Derwinski's decision will allow the department to offer compensation to about 1,100 Vietnam veterans or their survivors at a cost of about $8 million per year. "This is silly! The VA admits in the same breath "may have caused cancers among the 3.1 million" and then offer compensation to "about 1,100 Vietnam veterans or their survivors." This is no way to solve the problems caused by Agent Orange residuals. It may well be a beginning, it certainly is no settlement. In my first seven years of filing claims for Agent Orange benefits I had filed over 1,100 claims in one form or another related to Agent Orange. Of course some of the claims were not valid; but many of the claims were valid. If one Veterans Service Officer files 1,100 (or more),what about the others throughout our land? Less than .0004 percent, are they serious?
THE VERDICT IS IN: GUILTY!
Agent Orange went to trial in San Francisco and was found guilty. On May 3, 1989 in the U.S. District Court, the Honorable Thelton E. Henderson held that former Veterans Administration head, Thomas K. Turnage had imposed "an impermissibly demanding test" for determining whether an ailment could be linked to dioxin. A position many of us had stated for over a decade.
The ruling was not appealed by the new Secretary of Veterans Affairs. This has opened the doors for new opportunities for those who have been maimed by this, the deadliest of man made synthetic chemical compounds, TCDD or as we know it Agent Orange. Multiple Thousands of claims nearly 34,000, at that time had been denied over the years.
We have known since the late 60's the compound was extremely dangerous. In 1968 the U.S. banned the use of these herbicides for use in this country except in very limited situations, where control would prevent any humans involved would not be in any physical contact with the substance, and the spray areas would be limited to areas where food for human consumption would not be found. The EPA went so far as to " restrict the spray to areas no more than once per year and no contact to be made by the personnel involved". The EPA had also enforced the OSHA ruling the compound not contain more than 1 ppm of dioxin. Remember this is the same product being used at that time in Vietnam at 30-40 ppm. In Vietnam the product was used with absolute disregard for the U.S. personnel involved.
We have all read the horror stories of those in OPERATION RANCH HAND who have stated they washed their hands in the substance and even threw it on one another in horseplay. If this is true, where was common sense and safety? It still baffles many today, if the claims of hand washing or the horseplay were real or imagined. It doesn't make sense that a sane person would involve themselves in such acts with a chemical which looked and smelled like a bottle of ORTHO WEED B GON (weed killer), which the ORTHO WEED B GON is only one half of the deadly compound.
Since the arguments have been present over such a long period of time, we have found that some of the herbicides used contained arsenic, a substance we would avoid in hand washing or playing. It would be best for the veteran community to avoid the shock treatments used to gain attention and stick to the issues. This is a very serious matter and should be given full attention by those directly under the spray; the deformed offspring; also, those whose sons and daughters died as a result, including widows and orphans of victims.
Early in 1990, one of the nurses stationed at Long Binh, RVN, had reopened her claim for the residuals of Agent Orange. For those in the various organizations who do not take the problem serious, please contact Penny. Penny was very active, until 1989, in the Vietnam Veterans Of America, Chapter 16. In early 1989 she came apart at the seams, so to speak, in a physical sense. She has suffered from: skin disorders, urinary tract disorders, female organ problems, lumps where lumps do not belong and general failing health. Why? The answer is simple: she was stationed at Long Binh and exposed to Agent Orange in the big mistake!
In the first thirty days (June 1989) after the ruling in District Court, I did assist seventy-one veterans in reopening claims that are related to the common disorders we know are related to exposure to this deadly compound.
Now we are entering a final period for those affected by the residuals of Agent Orange to start their claim and those already affected to reopen, to avoid lost benefits. Just as important, those not affected or do not suffer from a condition should not file for just a piece of the pie, for those type of claims just load up the system and bog it down for those who deserve rightful consideration. We need to clean up our act and act responsible. Those who have no problem should thank the Lord and assist those in need.
There are many advocates in the USA for the Vietnam veteran, I am one. Many times victims are pushed out by those who wish to get a share they do not qualify for. If they are not disabled they have no share. We are in a struggle with an organization which has lied and deceived the veteran on an ongoing basis for years. We need to address truth and justice and stop the VA from deceiving veterans, manipulating and literally cheating the veteran from his just benefit due to the beloved budget.
I wish to remind you that many veterans from other wars still resent the issue of Agent Orange, and remind you that many others of the same groups support the Agent Orange issue. We often judge other groups by the attitudes of a few, just as they judge us by the attitude of a few of our own. All of the major veteran organizations support the Vietnam veterans in their quest for justice. Let us remember them and thank them for their support. We still need to remember there are those in power who wish to deny all benefits regarding Agent Orange. The new attitude of the VA is not a solid attitude. We also have veterans representatives who deny Agent Orange was or is a threat to the health of those exposed.
If you served in-country you were more than likely exposed to Agent Orange especially if you were there between 1961 and 1971. The degree of exposure is a major factor in the chances of adverse medical problems. In nearly all documented cases there was severe chloracne involved. This is a sure sign of problems.
Unfortunately, not all cases have shown the same symptoms. I personally, have attended the funerals of several dozen veterans who died as a result of soft tissue sarcoma who never shown any signs of chloracne.
We know for a fact that several laboratories have shown disaster follows the use of herbicides containing TCDD, yet the same government that controls these labs, for many years denied the same substance would harm an American veteran. This is truly a conflict of statements.
Now, the decision is in, the Vietnam veteran has won the deadliest battle of all. Let the VA proceed with proper procedures and expedite the claims. Let proper medical treatment for the various cancers, skin conditions and liver ailments begin and let it be done without being twisted by the VA budget!
Let us bring a final end to the Vietnam war.
REVIEW QUESTIONS
Are They Serious? And The Verdict Is In: Guilty! Have a similar theme. We are discussing the methods used by the political leaders to make it appear as if they have granted all the Vietnam veteran wanted and/or needed, while carefully creating legislation that when put into law had no teeth in it. Please give the prime example of this statement and the results. ___________________________________________________
Ortho Weed B Gon is stated to be one-half of the compound, which half? Please list all physical conditions you suffer from that are not traumatically induced; or, conditions that are not pre-existing to your in-country Vietnam experience.
Are these the same conditions listed in the prior examples? If not why?
_______________In the essay listed as The Verdict Is In: Guilty! We learned the Secretary of Veterans Affairs Ed Derwinski had agreed in U.S. District Court to allow AGENT ORANGE claims to be accepted by the VA. We have witnessed a slow but steady approval of various cancers that are allowed; however the VA still has the bulk of conditions backlogged. Peripheral Neuropathy is a condition that has also been accepted as probable service connected. Give examples of why the Vietnam veteran has had a difficult time accepting the official U.S. government explanation of the residuals of exposure to AGENT ORANGE. ___________________________________________________
Are you now being treated at the VAOPC for any condition that may be related to your exposure to AGENT ORANGE? _____yes____no If yes what?_______________________
Have you been given the AGENT ORANGE screening exam?_____ If so when?______Where?____
Agent Orange data was reviewed by a member of the Medical Biochemistry Department of the Ohio State University.
RULE CHANGES
On August 3, 1992, the American Legion submitted a letter to former Secretary Edward Derwinski challenging the VA position regarding soft tissue sarcoma. The American Legion pointed to the fact the VA was including twenty of one hundred and sixty six soft tissue tumors, concerning adjudication regulations to establish service connection for soft tissue sarcomas based on exposure to herbicides containing dioxin. It was the second letter in a seventeen month period challenging the VA to honestly deal with the issue at hand. It was the second time in seventeen months the issue was ignored by the VA.
Mr. Richard Christian, former Director of the U.S. Army Headquarters, Environmental Support Group (ESG), is now the Deputy Director for Research and Technology Assessment, for the American Legion. When the American Legion brought Mr. Christian aboard, it was to many, in the veterans community, the coup d'etat of the century. The absolutely best government official serving the veteran, left the employ of the government and became the employee of the veterans. It could not have been much better if it had been a script from a movie dedicated to veterans. We finally have an advocate in Washington, through a veterans organization, who will stand up and be counted, and will make sure the research is in proper perspective.
It was stated in the letter of August 3, 1992 that the VA was too restrictive in its interpretation of the Congressional acts that have led to service connection of soft tissue sarcomas. It states it was never the intent of Congress that the VA publish a specific list which was based on a recommendation of the now disenfranchised Veterans Advisory Committee on Environmental Hazards.
The following is a copy of a letter sent to the former Secretary of Veterans Affairs. This letter was in regard to his initial decision to exclude recommended conditions, recognized by the NAS. The VA had agreed to use the judgment of the NAS on all issues to be considered as residuals of exposure to herbicides. We have made progress since this letter, but far from enough to right the wrongs. The letter was responded to by Deputy Secretary and later Secretary Hershel Gober.
April 20, 1994
Mr. Jesse Brown
Secretary
Department of Veterans Affairs
810 Vermont Avenue N W
Washington D C 20420
Dear Secretary Brown:
Many veteran's hopes were riding high on your January 4, 1994 decision to allow presumptive service connection for association of certain additional conditions as being sufficient evidence of association between exposure to herbicides used in Vietnam and the relationship between exposure and multiple myeloma. It was strongly stated that all studies did not support the decision. However, one cited study showed a clear association between herbicides and multiple myeloma. The Federal Register Vol 59, No 23 dated February 3, 1994 stated: "The Secretary has determined that there is positive association between herbicides and multiple myeloma that manifest itself to a degree of 10% at any time after exposure." Also accepted for service connection was "respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)". As quoted from the same Federal Register.
After showing acceptance of those few conditions, you then ruled out twenty conditions which you determined were not in close relationship to exposure to herbicides used in Vietnam. The first of those conditions that should be addressed is prostate cancer. As you accepted multiple myeloma and respiratory cancers; yet included in the same paragraph indicating suggestive evidence of an association (albeit limited), was prostate cancer. To quote the study, Veterans and Agent Orange-Health Effects of Herbicides Used In Vietnam (prepublication copy) sent to me August 18, 1993. I quote in part "evidence is suggestive of an association between herbicides and the outcome but is limited because chance, bias, and confounding could not be ruled out with confidence. For example, at least one high-quality study shows a positive association, but the results of other studies are inconsistent. There is limited/suggestive evidence of an association between the exposure to herbicides and the following health outcomes: respiratory cancers (lung, larynx, trachea), prostate cancer, multiple myeloma." This is a direct quote from Page 6 of the Executive Summary.
Since receiving both the Executive Summary as well as the main text of the study, I have studied both. Also, I have had limited discussions with a Medical Biochemist, employed as a Professor at the Ohio State University. This professor was involved in the study. Our exchange of information has solidified my position regarding the selective acceptance of those conditions that may be politically correct. The reason of my contention of political correctness is the decision will convince many Vietnam Veterans that the Department of Veterans Affairs is recognizing Agent Orange as the killer it is; while keeping the majority of veterans away from service connection.
My associate, the Medical-Biochemist, has stated: "Agriculture studies have shown some connection to prostate cancer. Prostate cancer has been known as a disease of older men. Pressure must be maintained for studies of Vietnam Veterans to be continued". He further stated "I feel if the Secretary accepted multiple myeloma and respiratory cancers, he certainly should have included prostate cancer". These quotes show that a highly regarded source from Ohio State University's Medical Biochemistry Department, who, was directly involved with testimony before the academy, agrees with the point prostate cancer should not be excluded at this time.
It is certain that all cancers are not a result of exposure to herbicides. It is also certain that many are a direct result of exposure to herbicides. It would seem logical to accept as fact those which evidence has proven. To accept those conditions which have suggestive evidence of association, while continuing the studies on the others, may well be suspect. This is not a time to allow political expedience destroy decades of work on the part of a few loyal believers who have pressed this once dead issue into acceptance on the part of all veterans regardless of their exposure or even period of service.
To deny all Agent Orange claims, except for the seven conditions, is not good at all. The other conditions have not been properly ruled out. I feel this decision will plug the appeals system for years to come.
I had previously asked Mr. Joe Andry of the DAV to give you a copy of my dissertation on Agent Orange and PTSD. I hope you have read it. I am enclosing an additional copy for your convenience.
Respectfully submitted,
DAVID A BARKER
Senior Veterans Service Officer
for Franklin County
DAB/cr
ACTIONS
As you know, there is a great turmoil regarding Agent Orange and the decision of the Secretary of Veterans Affairs. When the National Academy of Science released the report this created a "reason" for the VA to take action on Agent Orange. It has allowed the VA to "claim" they have taken positive action to assist the Vietnam Veteran victim in their quest for justice, when they have not.
Using an old political ploy, they have helped less than 1% denied 99% and stated they have addressed the issue. They have not addressed the issue at all. They have accepted 7 of 166 known cancers related to dioxin exposure. It is true that all 166 will not be found to be direct results of dioxin exposure. HOWEVER, the balance is not even close to being proper at this time.
We will continue to press the issues as fast as possible. Letters to your U.S. Senators and U.S. Representatives complaining of the inaction will help. As you know the Agent Orange issue was addressed by the Department of Veteran Affairs in 1994. Over the past few years, we have had much talk from our politicians with little action. They have tossed a few bones at the veteran; but, no substantial regulations to address the overwhelming majority of affected veterans.
The 1994 disaster brought about acceptance of seven conditions that were cited by the National Academy of Science as possible or probable residuals of exposure to Agent Orange. There were many other conditions in the same category; but were not accepted by the Secretary of the Department of Veterans Affairs. As a result of his political decision to grant only seven of those considered. Hundreds of thousands of veterans were arbitrarily eliminated from the claims process. A cunning move on the part of the Department of Veterans Affairs to avoid addressing the issues that have plagued the Vietnam Veteran since 1970.
Many other studies will continue. If the Department of Veterans Affairs denied a claim, even though the issue was not yet resolved; the one year clock started. According to the Department of Veteran Affairs' regulations, we have one year from the date of the denial to perfect the appeal. If you have filed a claim and were denied, your issue more than likely will not be addressed until after the time limit has expired. This is bureaucracy at it's worst.
If you received a letter of denial from the Department of Veteran Affairs, please call your veterans representative to arrange a time to address the case.
As far as I understand, if an Agent Orange case is not involving the seven cancers selected by the Department of Veterans Affairs, or chloracne or PCT; the VA is listing the claim on a special set of tapes called SIRS. When each issue is later addressed the tapes will be reviewed and veterans with those conditions will be considered.
A few things you have heard before need repeated. Several million Vietnam veterans will be lost in the decision of the Department of Veterans Affairs. We saw the Secretary find a sure way to end the problem of Agent Orange plaguing the VA system. He arbitrarily denied all claims except those few which fell into a selected small area of cancers. Even at its very best of limited cancers, the secretary struck out conditions in the middle of a sentence. He removed the words linking prostate cancer to Agent Orange. The National Academy of Science had carefully placed those words in the center of a sentence. They were protected by a comma on each side. Alas, to no avail, the secretary saw them and knowing thousands would benefit, he struck them away.
His decision early in 1994 started a clock ticking away the hopes of millions of Vietnam veterans gaining any justice. It seems as if the VA can stretch the time enough, the veterans will lose interest. It is working. The veterans are losing interest. Many have given up hope; even worse many have died. The VA has denied thousands of cancer claims because they do not fit into that very narrow definition as listed.
If you had a claim filed for residuals of Agent Orange prior to February 1994. You must realize, there is a one year period in which to appeal. If you didn't file the appeal, you didn't necessarily lose it. If yours was other than one of the select few, you still have an opportunity to pursue the claim and/or appeal. You can reopen with new and material evidence. This evidence will be forthcoming from the National Academy of Science. The VA agreed to use their research on decisions.
The spraying of Agent Orange ceased in 1971; the untimely deaths of Vietnam veterans continues. A quarter of a century has passed since the spray stopped. The VA has done very little in the meantime to soothe the terrible pain.
As an example some asked about diabetes. The National Academy of Science (NAS) has not released information in regards to their studies on diabetes. They were scheduled to release information in July of 1995. As you can see July came and went with no sign of a release of information. July of 1996 and 1997 also came and went, with still no answer! In the system we are in, it is difficult to predict any time period of action. I hope we shall soon receive a new report from the NAS. This has been a very difficult time in the history of our struggle on the Agent Orange issue. For so many years the government simply said no. Suddenly we found ourselves winning a major court action in the San Francisco District Court. Then Secretary Derwinski agreed to recognize Agent Orange as a dangerous chemical with devastating residuals. That was in 1988. Then "the famed settlement" with the seven chemical companies, it looked like the total victory was in sight. The chemical companies settled in May 1984 for $180,000,000.00 and that amount was deposited at interest. Over eleven plus years, that money was distributed through the District Court in Brooklyn, New York. Thus, we have a Federal District Court decision on both coasts, over a decade ago, with little change. As I told my friend the hang glider rider, hang in there!
Did the end of the Agent Orange era arrive? Obviously the answer was no. It was not the end of Agent Orange, only the end of the hopes of several million Vietnam veterans who will be lost in the fast deals of some politicians. It seems as if the former Secretary found a sure way to end the problem of Agent Orange plaguing the VA systems. Arbitrarily deny all claims except those few which fell into a selected, by him, a small area of cancers.
If you had a claim filed for any residuals of Agent Orange prior to February 1994, today is the day to review that claim to make sure you are not being arbitrarily denied your rights. To delay is to automatically lose. It is time to call for a review of your claim. To wait will eliminate your chances of receiving justice after a quarter of a century or more. The spraying of Agent Orange ceased in 1971; the untimely deaths of Vietnam veterans continues.
UPDATE, VAO-96
Friday morning, the Ides of March, 1996 I received a ten page fax of long awaited news. The National Academy of Science had released its newest studies. These were of course not the finals, just the newest. Although to some it may seem like very little. But, to others such as I, it was big ground being broken: Spina Bifida, Peripheral Neuropathy and PCT a rare skin disease, often associated with the liver. Still predominate conditions such as Cerebral Palsy were untouched.
If you have followed my writings since 1983, you will remember this ground was covered in the late 80's. In my writings, there was an essay: The Verdict is in: Guilty which is chapter five of my book IN SEARCH OF THE TRUTH FOR THE VIETNAM COMBAT VETERAN. In that essay it was stated the proof had surfaced regarding birth defects in children of exposed veterans. As a matter of fact in 1984, I had attempted to do a survey of Vietnam veterans exposed to herbicides, and their offspring. This project was through the VFW MAGAZINE. It was not a successful venture as I only received 103 responses out of approximately 250,000 Vietnam veterans who were members at that time. Not getting exactly what I wanted from that project, I sought other sources. Those sources included the Environmental Protection Agency (EPA), Occupational Health Safety Administration (OSHA), Battelle Institute, the Ohio State University Medical and Biochemistry Department, and the Center for Disease Control (CDC). Those resources were far better than mine, with the exception of the CDC. I challenged the CDC in early 1988 when they claimed they could not find 1,100 exposed Vietnam veterans for sample studies. My critique then, as it is now, I had personally filed that many claims by 1988 in one county. How could the CDC, claim they could not find 1,100 exposed Vietnam veterans in the whole country? However, I did find much valuable information from the other mentioned sources. In the chapter, Poison: Agent Orange (published in 1983) damage in unborn rats was indicated. The latest report released from the NAS now states the possibility of a link of those exposed to dioxin veterans, to increased risk of Spina Bifida in their offspring. The case studies give support to that position. I still maintain there are many other birth defects as a result of the exposure. I also understand, this is a step by step process and for the first time in our history, it seems as if, we actually have a champion in our corner. It is important for all of us to remember, it is not over until the final decisions are made into the rules the Department of Veteran Affairs (VA) operates under.
It must be said to all interested, two years before, when the first study was released, watered down rules came into effect. Secretary of the VA, Mr. Jesse Brown removed the words prostate cancer from the middle of a sentence. To add irony to the newest report the prostate cancer words were retained by the NAS. It seems as if those doctors know more about cancer than Secretary Brown. I had personally written Secretary Brown of that foul decision. I would hope others would have done the same. It seemed as if the leaders of the veteran organizations did not want to show any critique towards Secretary Brown. During his term he has made many speeches and received many accolades. He did fall short of being the veterans advocate he was in 1991, when employed by the Disabled American Veterans.
The papers I did review from the NAS show, without doubt, prostate cancer should not have been dropped by Secretary Brown in 1994-95. Again, prostate cancer is extremely rare in men under age 55. Yet we have buried hundreds of Vietnam veterans, dying as a result of that dreaded condition.
April 10, 1996 I received the PREPUBLICATION COPY Uncorrected Proofs VETERANS AND AGENT ORANGE-Update 1996, in other words the newest report on Agent Orange. I read the report and studied it most carefully. I gave you an update on this study. Of course there was more to come. All issues have not been addressed. I wish for you to remember, when we started in the 70's there was zero recognition. Now we have issues approved and issues being favorably considered. What a difference a generation makes. The aforementioned book was supplied to me by Congressman John Kasich, who supported our local studies in the beginning. His former veterans aide Pat Tiberi, now Congressman Tiberi, continues to support the studies.
The announcement by the President was no surprise to those of us who have followed the saga of Agent Orange over the years. This was a great opportunity to act as if suddenly we were upon new ideas. To make a point, these are not new issues. We have discussed Prostate cancer many times since it was excluded in 1994. The Vietnam veterans were well aware that this condition generally did not affect younger men. Yet it was high in incidence among Vietnam veterans. Over the years we have discussed birth defects. As written to you before, we have reviewed much evidence to conclude there is a severe problem with many Vietnam veterans children. This in fact, does show a much higher incident rate of birth defects than all other categories of veterans surveyed. When the President announced the inclusion of Spina Bifida in the Vietnam veterans offspring, as a condition contributed to Agent Orange exposure, we broke big ground in truth. Additionally, placed into recognition was porphyria cutanea tarda (PCT), a rare skin disease that can involve blistering the skin in areas exposed to the sun. Many studies have linked it to the liver as well. Also, recognized is acute and subacute peripheral neuropathy. We have discussed this issue before and will again discuss it now.
It has been suggested by the National Academy of Science through the committee who reviewed the evidence in the following. The committee found limited or suggestive evidence that herbicide or dioxin exposure may be associated with the acute, transient form of peripheral neuropathy, a nerve disorder which can (and usually does) lead to pain, numbness, and weakness in the limbs. Many of those veterans affected have indicated tingling in the extremities as well.
The studies found in the review of scientific literature have suggested that acute or subacute peripheral neuropathies can be associated with occupational exposure to herbicides (Ashe and Suskind, 1950); Baader and Bauer, 1951; Goldstein et al., 1959; Todd, 1962; Berkley and Magee, 1963; Poland et al., 1971 Jirasek et al., 1974). As you can plainly see through our writings over the years, compared to the above dates. They have known it all along! While they were telling the Vietnam veteran "it won't hurt you!" It was hurting you and science knew it.
In the 1996 report VETERANS AND AGENT ORANGE, it states clearly, "Todd (1962) reported a sprayer of 2,4-D weed killer who developed a gastrointestinal disturbance and, within days, a severe sensory/motor polyneuropathy after contact with the chemical." This was reported to you through my article The VERDICT IS IN: GUILTY! and POISON: AGENT ORANGE both essays which are incorporated in the book IN SEARCH OF THE TRUTH FOR VIETNAM COMBAT VETERANS. There are many more references to the condition that has been well documented in the 1996 report of the NAS. An important issue that has not been addressed is the factor of related conditions. There is to be imposed a one year time limit from leaving Vietnam, to being diagnosed with the condition. Yet other conditions have as much as a seven year presumptive period, such as Multiple Sclerosis. Are we now looking at a one year time frame to impose on the already afflicted Vietnam Veteran?
The President stated in his radio and television broadcast that before the rules were implemented they would be processed with the veteran organizations. Then placed in the Federal Register. It is time to write to the leadership of the veterans organizations and inform them you wish to have time frames eliminated in any conditions related to peripheral neuropathy. When the veteran first notices the symptoms he or she may discount the symptoms. In some cases it has taken the doctor several years to determine the diagnosis. In most cases the condition is diagnosed by eliminating all other types of neurological conditions.
RESEARCH
I did an article "ARE THEY SERIOUS?" in 1989. The article mentioned, I had filed 1,100 claims by the date the CDC decided they could not find 1,100 exposed veterans. This article became a chapter in my book "IN SEARCH OF THE TRUTH FOR THE VIETNAM COMBAT VETERAN" always available at no charge. Wisely, the VA moved its research hopes to the Institute of Medicine, the National Academy of Science.
My mother used to tell me when I needed something that "a half a loaf is better than none." This is a great quote that fits very well, into the VA scheme of things pertaining to Agent Orange; most especially the issue of BIRTH DEFECTS. My position is "a half a loaf may be better than none, but we will not accept crumbs!"
In the Veterans and Agent Orange: Update 1996 (VAO-96) the door was opened with SPINA BIFIDA being accepted as a residual of Agent Orange exposure in offspring, of veterans exposed to herbicides. The VAO-96 states "There is limited/suggestive evidence of an association between exposure to the herbicides considered in this report and spina bifida. There is inadequate or insufficient evidence to determine whether an association exists between exposure to herbicides and all other birth defects." There is no comment to say there is no association. It is obvious the information is at this time not complete. Research must and will go on. The VAO-96 further states: "Biologic Plausibility- Laboratory studies of the potential developmental toxicity, specifically birth defects, of TCDD and herbicides as a result of exposure to adult male animals are too limited to permit conclusions."
During the CDC research and review of available data, several areas were covered. There was a telephone poll conducted that gave limited studies. The CDC attempted to use this as "validated research" and created some clouds over the Agent Orange issues. The data gathered by CDC in 1989 was restudied in VAO-96 and placed in apparent correct status. The VAO-96 states in part "As part of the CDC Vietnam Experience Study (1989), the reproductive outcomes and the health of children of male veterans were examined. The VES assessment included a telephone interview, a review of hospital birth defect records for a subsample of veterans who underwent a medical examination, and a review of the medical records of selected birth defects for all study subjects." This report actually revealed a significantly higher birth defect rate among the Vietnam veterans offspring 64.6 per 1,000 total births vs. Non Vietnam veterans rate of 49.5 per 1,000 total births. It is important for you to know, there were several different areas of birth defects! Not only spina bifida; also, birth defects of the nervous system, ear, face neck, and integument (skin). About half of the health problems were respiratory, as in asthma; also, otitis media. In general the Vietnam veterans reported more health problems than non Vietnam veterans. This was 1989 and prior! Please remember, many birth defects were not reported. Those defects not showing until the child reached age three for example were usually lost issues. Think about this for example: speech problems, hearing disorders, tooth and gum problems. Problems that would not appear for a few years. So again a factor worked against the Vietnam veteran and even worse, their children. There is no possibility the CDC would have followed up, on what was thought to be a normal healthy child , concerning two million plus, Vietnam veterans. Seven years later VAO-96 allowed one birth defect, spina bifida. With a much higher ratio, we have Cerebral Palsy which has been all but ignored.
So in a nutshell, the birth defect issue is still a major issue, to be resolved later! If we hold our ground and continue to press our issues we will eventually be victorious. If we stand idle, we will lose. There are untouched issues such as learning disabilities.
SOME VICTORY
The announcement by the President was no surprise to those of us who have followed the saga of Agent Orange over the years. This was a great opportunity to act as if suddenly we were upon new ideas. To make a point, these are not new issues. We have discussed Prostate cancer many times since it was excluded in 1994. The Vietnam veterans were well aware that this condition generally did not affect younger men. Yet it was high in incidence among Vietnam veterans. Over the years we have discussed birth defects. As written to you before, we have reviewed much evidence to conclude there is a severe problem with many Vietnam veterans children. This in fact, does show a much higher incident rate of birth defects than all other categories of veterans surveyed. When the President announced the inclusion of Spina Bifida in the Vietnam veterans offspring, as a condition contributed to Agent Orange exposure, we broke big ground in truth. Additionally, placed into recognition was porphyria cutanea tarda (PCT), a rare skin disease that can involve blistering the skin in areas exposed to the sun. Many studies have linked it to the liver as well. Also, recognized is acute and subacute peripheral neuropathy. We have discussed this issue before and will again discuss it now.
It has been suggested by the National Academy of Science through the committee who reviewed the evidence in the following. The committee found limited or suggestive evidence that herbicide or dioxin exposure may be associated with the acute, transient form of peripheral neuropathy, a nerve disorder which can (and usually does) lead to pain, numbness, and weakness in the limbs. Many of those veterans affected have indicated tingling in the extremities as well.
The studies found in the review of scientific literature have suggested that acute or subacute peripheral neuropathies can be associated with occupational exposure to herbicides (Ashe and Suskind, 1950); Baader and Bauer, 1951; Goldstein et al., 1959; Todd, 1962; Berkley and Magee, 1963; Poland et al., 1971 Jirasek et al., 1974). As you can plainly see through our writings over the years, compared to the above dates. They have known it all along! While they were telling the Vietnam veteran "it won't hurt you!" It was hurting you and science knew it.
In the 1996 report VETERANS AND AGENT ORANGE, it states clearly, "Todd (1962) reported a sprayer of 2,4-D weed killer who developed a gastrointestinal disturbance and, within days, a severe sensory/motor polyneuropathy after contact with the chemical." This was reported to you through my article The VERDICT IS IN: GUILTY! and POISON: AGENT ORANGE both essays which are incorporated in the book IN SEARCH OF THE TRUTH FOR VIETNAM COMBAT VETERANS. There are many more references to the condition that has been well documented in the 1996 report of the NAS. An important issue that has not been addressed is the factor of related conditions. There is to be imposed a one year time limit from leaving Vietnam, to being diagnosed with the condition. Yet other conditions have as much as a seven year presumptive period, such as Multiple Sclerosis. Are we now looking at a one year time frame to impose on the already afflicted Vietnam Veteran?
The President stated in his radio and television broadcast that before the rules were implemented they would be processed with the veteran organizations. Then placed in the Federal Register. It is time to write to the leadership of this veterans organization and inform them you wish to have time frames eliminated in any conditions related to peripheral neuropathy. When the veteran first notices the symptoms he or she may discount the symptoms. In some cases it has taken the doctor several years to determine the diagnosis. In most cases the condition is diagnosed by eliminating all other types of neurological conditions.
PERIPHERAL NEUROPATHY
The National Academy of Science (NAS) completed the second set of objectives in March 1996. The comprehensive report was published within days. On March 15th we heard the news of several new conditions being accepted as residuals of Agent Orange. We also watched the Department of Veteran Affairs (VA) finally accept prostate cancer after two tries by the NAS. It would seem as if the VA feels they are more knowledgeable in these affairs than the world's greatest doctors and scientists.
This strangely brings us to peripheral neuropathy. In that same edition dealing with Agent Orange residuals we see the NAS is dealing with issues and the VA is misdealing with issues. To be exact is the Neurobehavioral Disorders. The section (10) clearly defines the various disorders and their studies. It gives an excellent chart representation of the studies used. In this study the NAS clearly shows some inconclusive results. The VA of course takes these comments to: deny the claim. The NAS states: Neurologic dysfunction can be further classified, based on anatomic distribution, as either global or focal; temporal onset, as acute, subacute, or chronic; or temporal course, as transient or persistent." Thus, we must look at the overall view of the question at hand, did Agent Orange contribute to the condition? The NAS states "Case identification in neurology is often difficult. Despite advances in neuroimaging, many types of Neurologic alterations are biochemical and show no abnormalities on scanning tests." The NAS also states: "timing is important in assessing the effect of chemical exposures of Neurologic function. Some symptoms of Neurologic importance will appear acutely but be short-lived. Others will appear slowly but be detectable for extended periods." The report specifically states: "the potential neurotoxicity of TCDD and herbicides in animal studies has not been thoroughly investigated." It is small wonder we find fault in VA decisions. Instead of advising the veteran his study is not completed. The VA denies the case and often the veteran will forget the issue. The Veterans and Agent Orange (VAO) committee recommended later in life studies on all occupational cases reviewed. The report stated with no reservation: "theoretically, exposure to neurotoxin could produce "accelerated aging" of the brain due to premature neuronal loss, which could then result in neurobehavioral deficits.
The report from the VAO did give some facts the veteran community needs to be familiar with. First in VAO, the committee was concluded that there are no definitive studies to determine whether exposure to dioxin or related herbicides is associated with (Central Nervous System) CNS motor/coordination problems. Follow up should be assessed further in exposed subjects. Second in VAO it is clearly stated the Chronic Persistent Peripheral Neuropathy summary the evidence was inadequate or insufficient of an association in exposure to be considered. It nowhere said it should be ruled out, as the VA did rule out this condition. It will not be considered, at this time. I will add however, as veterans present themselves to the VA doctors and press the issue of Chronic Persistent Peripheral Neuropathy we will see changes. It must be remembered by all of us. Many of the VA doctors will still have doubt when the work with the veterans neurobehavioral disorders. Many doctors are not going to be familiar with the condition being a residual of exposure to chemicals. Thus the condition may be over looked for years! When the NAS releases its next report we will hopefully see the various other ignored neurobehavioral disorders addressed.
We need to observe the actions of our government in all respects. With the cuts in budgets and the reduction of services the Vietnam victim is certain to suffer even further.
PERIPHERAL NEUROPATHY II
We have been working on the conditions known as NEUROBEHAVIORAL DISORDERS. We last addressed the Acute and Subacute transient peripheral neuropathy. The VA has accepted this as a service connectable condition as a residual of exposure to Agent Orange. This was based on the summary statement "there is some evidence to suggest that neuropathy of acute or subacute onset may be associated with herbicide exposure." The question of this hour is how could the VA choose these conditions and omit the more common condition of CHRONIC PERSISTENT PERIPHERAL NEUROPATHY.
In the VETERANS AND AGENT ORANGE: UPDATE 1996 (VAO-96), these conditions were addressed. The VA had agreed several years ago to work with the National Academy of Science (NAS) in order to determine the conditions which would be accepted as service connectable in relation to Agent Orange exposure. Often we have problems dealing with facts and often the facts may disprove that which we most desire. Other times the facts are not conclusive and the issue must rest until more significant data is considered. Such may be the case of chronic persistent peripheral neuropathy. It must be emphasized that because we must wait upon additional evidence, the issue is not resolved. It simply means further study may be required in order to obtain the absolute.
I will quote from the VAO-96 "although some of the case reports reviewed in VAO suggested that an acute or subacute peripheral can develop with exposure to TCDD and related products, other reports with comparison groups did not offer clear evidence that TCDD exposure is associated with chronic peripheral neuropathy. The most rigorously conducted studies argued against a relationship between TCDD or herbicides and chronic persistent neuropathy." Now, we must place the statement in perspective.
In placing perspective, I will quote the next paragraph from VAO-96 "as a group, the studies concerning peripheral neuropathy have been conducted with highly varying methodologies and have lacked uniformity of operational definitions of neuropathy. They have not applied consistent methods to define a comparison population or to determine exposure or clinical deficits. Timing of follow-up may be important, since
many, but not all, reports that find neuropathy were based on assessments made only a short time after exposure. It was concluded that careful definition of neuropathy and standardization of protocols will be essential to future evaluations." Is this to mean the end of the discussion? The answer is no. It is not an end, only a point. In every journey there are points. A point to start, a point to review and a point resume. We are now at the point to review. Often many experts have stated the blood tests are very important in determination. The blood test required are very expensive. There has been great reluctance on the part of government to research through the blood test method.
In the VAO-96 in the UPDATE OF THE SCIENTIFIC LITERATURE the issue is clarified in the following "The exposure index depended entirely on the subjects reports and no confirmatory documentation or blood levels of TCDD were obtained." In light of prior studies (CDC 1988,1989) that documented no relationship between this self-reported herbicide exposure index and a biological marker of actual dioxin exposure among Vietnam veterans, this study neither confirmed nor refuted a relationship between neuropathy and dioxin exposure among Vietnam veterans.
This leaves a powerful question with us, when will the issue be resolved? The answer lies in a future report to be made by the NAS. It has certainly not been resolved as of yet.
BIRTH DEFECTS
It is time for a study to be made comparing birth defects in the non veteran population born between 1946 and 1955 and compare it to veterans exposed to Agent Orange of the exact same age group. I am positive you will see a much higher incident of birth defects among the Vietnam veterans group.
Currently there is a bill in Congress to compensate a select few Vietnam veterans. This would recognize spina bifida and several other problems related to exposure to Agent Orange. The other conditions were discussed in previous writings. It is important to remember the logic behind the actions of our government and its relationship to the veteran. No matter how frustrated we become with the VA, we must remember it is the Congress and President who have the final say in the allowable conditions that are to be service connected. If Congress and the President do not take the appropriate action, absolutely nothing will happen. Until VA regulations are included, as far as the VA is concerned the condition is not going to be considered for compensation.
Since the last report from the National Academy of Science (NAS) we have observed much action. We also should have a few questions. The first question that comes to my mind is regarding birth defects. Is there an explanation to the theory of only one singular birth defect being a result of exposure to dioxin? As I had stated in a recent meeting with about 40 veterans and a few widows, if you have a gene that is damaged because you were soaked in poison, is it logical that spina bifida would be the only birth defect to come from that damaged gene? I think not. Logic would tell me that there is a myriad of conditions that may well be a direct result of genetic damage in a person so exposed.
Since early 1983 I have reviewed many articles from various scientific and medical publications. There have been several articles that would lead a layman to believe genetic damage can and does react differently depending upon the individuals involved. There are documented cases of twins being born one healthy, one not. I have read twin studies on several occasions and the studies have always differed. The only consistency is the marked variations.
Now is the time veterans groups pull together and form a unified effort to read, no study, the information that is supplied to the VA and other branches of our government. It is common knowledge that EPA reports of the 1960's and 1970's indicated concern regarding the toxic nature of the chemical we all call Agent Orange. Often critics of the Vietnam veteran compared the aerial spray
of right of ways in America to the alleged identical spray used in Vietnam. That was simply not a true statement in any form. The spray used in Vietnam was 30-40 parts per million (ppm) TCDD while the spray used in America was less than 1 ppm TCDD.
Over the past decade and one half, I have spoken with thousands of Vietnam veterans or their widows about their children with various birth defects. When I say thousands, let us place that in perspective. There are less than 115,000 veterans in Franklin County. I have spoken with well over a thousand veterans who have children born with birth defects. Although this is strictly non scientific, if we have thousands of children born to Vietnam veterans in Franklin County doesn't that indicate a serious problem?
We now have the "foot in the door" with spinal bifida. It is time to push for all birth defects to be compared. It should include those children who have learning disabilities as well. Let us press our congressional representatives to take positive action today!
BIRTH DEFECTS II
As Discussed in part I of this series on birth defects it was explained how the Vietnam veteran faced a hostile environment in obtaining fair and impartial review of the various birth defects appearing in their children. The government was reluctant to give that extra effort needed for recognition. Until less than a decade ago it was pounded into the minds of Americans that Agent Orange only caused chloracne, a skin disorder. There was constant governmental denial of any relationship to birth defects. In 1996, which was a quarter century after the last use of Agent Orange on American troops, it was publicly conceded that Agent Orange may be responsible for one solitary birth defect. The untold part of this story was the vast amount of evidence that shows a probable link to the largest killer of children in the United States. Other very common serious heath problems were also reported at an increase over parents not exposed to Agent Orange.
In the Veterans and Agent Orange: Update 1996 (VAO-96) the door was opened with SPINA BIFIDA being accepted as a residual of Agent Orange exposure in offspring, of veterans exposed to herbicides. A major problem still exists and seems to be swept under the mat. That problem is the other significant birth defects that Vietnam veteran offspring seem to have at a much higher rate than non Vietnam veterans. These include leukemia, the number one killer disease of children. Elevated odds were found for the nervous system, musculoskeletal defects, hydrocephalus (which ratio rivals Spina Bifida) and hypospadias, a developmental anomaly in the male in which the urethra opens on the underside of the penis or on the perineum. The VAO- 96 report continues with the following statement, "about half of the health conditions reported were respiratory disease (mostly asthma and pneumonia) and otitis media. For most of the conditions, the veterans reported more health conditions than non-Vietnam veterans." There are other conditions which have a less significant ratio, but still not to be ruled out as excessive. These include but are not limited to digestive disorders, learning disabilities and behavioral disorders.
I wish to make another important quote from VAO-96, "The second substudy, the Cerebrospinal Malformation (CSM) Study, involved the analysis of medical records for all cases of cerebrospinal malformations (spina bifida, anencephalus, hydrocephalus ) and still births reported by veterans in the interview study. The substudy found 26 cerebrospinal malformations (live and stillbirths) among children of Vietnam veterans and 12 among children of non Vietnam veterans."
These conditions may not seem important to the government officials who make the all important decisions that affect the lives of veterans. They certainly are important to many veterans who have children who have been crippled by the exposure of their parent to Agent Orange. These children suffer while the "good ol boys" continue to set agendas without consideration of the Vietnam veteran.
We must continue to demand the investigation of the birth defects in children. Our nations future is at stake. Our children are our future.
BIRTH DEFECTS III
After the successful publication of my first two Agent Orange articles in 1983, it was decided to attempt a venture into an area that had very little exploration at the time. As a Veterans Service Officer, I had met quite a few veterans who had children with various birth defects. The problems ranged from learning disabilities to obvious crippling conditions. There were very few articles available dealing with the children; however, I was very aware of the situation.
In 1984 there was an attempt to do my own survey with the birth defect question. I asked the VFW Magazine to run an article asking Vietnam veterans to respond to the types of birth defects. With an approximate 250,000 Vietnam veterans in the membership at that time, I thought I would get good response. I didnt. The response was about 105 letters. I knew more than 105 veterans personally , in this community, who had a child that had some sort of problem, either physical defects or a possible learning disability. With a response of 105 out of 250,000 it was apparent we had to rely on the Center for Disease Control (CDC); or, other government sources. It was very disappointing to learn the CDC was either unable, or not interested enough to develop information supplied to them. As a result of the CDCs inability to find 1,100 veterans in 1986 that were exposed to Agent Orange, many of us in the veterans community, lost all hope in the CDC; or their being even remotely effective in this issue. I had written an article "ARE THEY SERIOUS?" in 1989. The article mentioned, I had filed 1,100 claims by the date the CDC decided they could not find 1,100 exposed veterans. This article became a chapter in this book "IN SEARCH OF THE TRUTH FOR THE VIETNAM COMBAT VETERAN" it has been always available at no charge. Wisely, the VA moved its research hopes to the Institute of Medicine, the National Academy of Science.
Again, my mother used to tell me when I needed something that "a half a loaf is better than none." This is a great quote that fits very well, into the VA scheme of things pertaining to Agent Orange; most especially the issue of BIRTH DEFECTS. My position is "a half a loaf may be better than none, but we will not accept crumbs!"
In the Veterans and Agent Orange: Update 1996 (VAO-96) the door was opened with SPINA BIFIDA being accepted as a residual of Agent Orange exposure in offspring, of veterans exposed to herbicides. The VAO-96 states "There is limited/suggestive evidence of an association between exposure to the herbicides considered in this report and spina bifida. There is inadequate or insufficient evidence to determine whether an association exists between exposure to herbicides and all other birth defects." There is no comment to say there is no association.
It is obvious the information is at this time not complete. Research must and will go on. The VAO-96 further states: "Biologic Plausibility- Laboratory studies of the potential developmental toxicity, specifically birth defects, of TCDD and herbicides as a result of exposure to adult male animals are too limited to permit conclusions." During the CDC research and review of available data, several areas were covered. There was a telephone poll conducted that gave limited studies. The CDC attempted to use this as "validated research" and created some clouds over the Agent Orange issues. The data gathered by CDC in 1989 was restudied in VAO-96 and placed in apparent correct status. The VAO-96 states in part "As part of the CDC Vietnam Experience Study (1989), the reproductive outcomes and the health of children of male veterans were examined. The VES assessment included a telephone interview, a review of hospital birth defect records for a subsample of veterans who underwent a medical examination, and a review of the medical records of selected birth defects for all study subjects." This report actually revealed a significantly higher birth defect rate among the Vietnam veterans offspring 64.6 per 1,000 total births vs. Non Vietnam veterans rate of 49.5 per 1,000 total births. It is important for you to know, there were several different areas of birth defects! Not only spina bifida; also, birth defects of the nervous system, ear, face neck, and integument (skin). About half of the health problems were respiratory, as in asthma; also, otitis media. In general the Vietnam veterans reported more health problems than non Vietnam veterans. This was 1989 and prior! Please remember, many birth defects were not reported. Those defects not showing until the child reached age three for example were usually lost issues. Think about this for example: speech problems, hearing disorders, tooth and gum problems. Problems that would not appear for a few years. So again a factor worked against the Vietnam veteran and even worse, their children. There is no possibility the CDC would have followed up, on what was thought to be a normal healthy child , concerning two million plus, Vietnam veterans. In 1996 VAO-96 allowed one birth defect, spina bifida.
So in a nutshell, the birth defect issue is still a major issue, to be resolved later! If we hold our ground and continue to press our issues we will eventually be victorious. If we stand idle, we will lose.
SIRS
As far as I understand, if an Agent Orange case is not involving the seven cancers selected by Secretary Brown, or chloracne or PCT; the VA is listing the claim on a special set of tapes called SIRS. When each issue is later addressed the tapes will be reviewed and veterans with those conditions will be considered.
A few things you have heard before need repeated. Several million Vietnam veterans will be lost in the decision of the Department of Veterans Affairs. We saw the VA find a sure way to end the problem of Agent Orange plaguing the system. He arbitrarily denied all claims except those few which fell into a selected small area of cancers. Even at its very best of limited cancers, the secretary struck out conditions in the middle of a sentence. He removed the words linking prostate cancer to Agent Orange. The National Academy of Science had carefully placed those words in the center of a sentence. They were protected by a comma on each side. Alas, to no avail, the secretary saw them and knowing thousands would benefit, he struck them away. A little over two years later they were reinserted. This was one time we stuck together and fought the battle!
His decision early in 1994 started a clock ticking away the hopes of millions of Vietnam veterans gaining any justice. It seems as if the VA can stretch the time enough, the veterans will lose interest. It is working. The veterans are losing interest. Many have given up hope; even worse many have died. The VA has denied thousands of cancer claims because they do not fit into that very narrow definition as listed.
If you had a claim filed for residuals of Agent Orange prior to February 1994. You must realize, there is a one year period in which to appeal. If you didn't file the appeal, you didn't necessarily lose it. However, beginning February 1995, there were thousands losing their right to appeal the decisions. To delay was to automatically lose, if your condition was one of those Jesse Brown recognized. If yours was other than one of the select few, you still have an opportunity to pursue the claim and/or appeal. You can reopen with new and material evidence. This evidence will be forthcoming from the National Academy of Science. The VA agreed to use their research on decisions. I assure you, as long as I am able to read and write, my reports will go out to those who choose to read them.
The spraying of Agent Orange ceased in 1971; the untimely deaths of Vietnam veterans continues. Over a quarter century has passed since the spray stopped. The VA has done little, in the meantime, to soothe the terrible pain.
As an example some asked about diabetes. The National Academy of Science (NAS) has not released information in regards to their studies on diabetes. They were scheduled to release information in July of 1995. As you can see July came and went with no sign of a release of information. In the system we are in, it is difficult to predict any time period of action. I hope we shall soon receive a new report from the NAS. This has been a very difficult time in the history of our struggle on the Agent Orange issue. For so many years the government simply said no. Suddenly we found ourselves winning a major court action in the San Francisco District Court. Then Secretary Derwinski agreed to recognize Agent Orange as a dangerous chemical with devastating residuals. That was in 1988. Then "the famed settlement" with the seven chemical companies, it looked like the total victory was in sight. The chemical companies settled in May 1984 for $180,000,000.00 and that amount was deposited at interest. Over the past eleven plus years that money was distributed through the District Court in Brooklyn, New York. Thus, we have a Federal District Court decision on both coasts seven and again eleven years ago, with little in between. As I told my friend the hang glider rider, hang in there!
Has the end of the Agent Orange era arrived? Some Bureaucrats thought so: but, it is not the end of Agent Orange issues. Only the end of the hopes of several million Vietnam veterans who were lost in the quick response of Secretary Brown of the VA. It seemed as if the VA found a sure way to end the problem of Agent Orange plaguing the system. Arbitrarily deny all claims, except those few which fell into a selected small area of cancers.
If you had a claim filed for any residuals of Agent Orange prior to February 1994, today is the day to review that claim to make sure you are not being arbitrarily denied your rights. If you have not already done so; to delay is to automatically lose. The time to act is now.
It is time to call for a review of your claim. To wait will eliminate your chances of receiving justice well after a quarter of a century and more for untold thousands. The spraying of Agent Orange ceased in 1971; the untimely deaths of Vietnam veterans continues.
UPDATE 1998 (1999)
It was thought by many to be a report that would develop the question regarding birth defects, diabetes, peripheral neuropathy and out of the ordinary conditions creating havoc on Vietnam veterans. The report did call for additional studies on these conditions. However the next report is not due until 2000. If we have the same delay situation again, the report may well not be released until 2001. For those suffering from urinary bladder cancer this will be more than likely to late for help with their financial burden. Many times it is forgotten the purpose of compensation is to compensate for the loss of earning power.
Once again the birth defect issue studies were not conclusive. A quote from the new study states in part "Several previous studies of veterans showed a suggestive association with spina bifida, although a number of methodologic issues limit interpretation. [Three new occupational studies] provide some additional support for the association of herbicide with this specific birth defect, although concerns remain, including the control of confounding, exposure to herbicides and TCDD."
In general language this means, the studies are far from complete. It has remained a mystery if the study of birth defects are restricted to those which were noted by physicians at birth. The major question remains, after all of the years dealing with this subject; are birth defects that do not show at birth, as learning disabilities, et al, later studied?
Many Vietnam veterans have concerns regarding their skin disorders. It has been established for decades that chloracne is a recognized residual of Agent Orange. Now recent studies have indicated some change in procedure. "In VAO and Update 1996, all skin cancers were assessed together. However, with this review, the committee has decided to address studies assessing the health risk associated with nonmelanocytic cancers (basal and squamous cell carcinoma)." The report goes on to state "The strongest evidence linking herbicide exposure and nonmelanocytic skin cancers comes from a recent community-based control study. This study controlled for sun exposure, skin and hair color, and mothers ethnic origin, and found increasing of squamous cell carcinoma with increasing lifetime exposure to herbicides. Although the committee agrees that [this] study is best to date, concerns still remained regarding the control of confounding and the adequacy of exposure assessment." It further stated "In addition, efforts to examine the carcinogenicity of organic arsenicals should be encouraged."
In regards to diabetes the study stated in part "the potentially more definitive 1997 report from the Ranch Hand study raises the possibility that veterans in the highest herbicide exposure category may be at increased risk."
HERBICIDES, DIABETES AND YOU
In the month of March 2000, I wrote an article for the OHIO AMVET magazine, regarding the Ranch Hand study of diabetes and Agent Orange exposure. This was actually, a developing follow up, on the subject addressed several years before regarding diabetes and herbicide exposure.
In March of the year 2000, we had an astounding revelation from the United States Air Force regarding Agent Orange and its devastating affect upon its victims. This is the same United States Air Force whose "Ranch Hand study" at one time was used by the old Veterans Administration, now the Department of Veterans Affairs, to uphold the theory that the herbicides only caused chloracne. As a side note: I have seen more than one chloracne case denied by the VARO! In the chapter: THE VERDICT IS IN: GUILTY, Operation Ranch Hand personnel were claiming to have played in Agent Orange by spraying it upon one another in acts of horseplay. That had been a topic in a COLUMBUS DISPATCH story, which appeared to foil Vietnam veteran attempts to obtain rightful benefits from being poisoned by dangerous herbicides.
The Ranch Hand study now suddenly reveals, what has been addressed in my articles for over a decade. There are many conditions resulting from Agent Orange besides chloracne. These conditions include diabetes and birth defects other than spina bifida.
The new report found in VETERANS and AGENT ORANGE Update 2000, confirms what the up to date veteran has known for many years, diabetes developed in later life is associated with exposure to herbicides containing Tetrachlor isomer of p-dibenzo dioxin known as TCDD or Agent Orange. It has been called the most lethal synthetic chemical known to man.
The National Academy of Sciences (NAS) of the Institute of Health has now released the study to America. Congressman John Kasich furnished my copy. It was my duty to read the entire publication and report findings to my clients and those who read my work.
I had sent a copy of the unfinished draft of this chapter to Secretary of Veterans Affairs Hershel Gober in October. In a letter dated November 1, 2000, Secretary Gober informed me of his great interest in the NAS study and he had a task force studying the NAS document. He further promised to have a decision before Thanksgiving. True to his word, Secretary Gober announced November 9, 2000 the diabetes type 2 (adult onset) was to be service connected.
Veterans affected by this situation will probably reach more that one quarter million. A major dilemma faces the VA and American politicians. Who is going to pay the bill? Well for the past years since the end of the Vietnam War, Americas veterans have paid a terribly high price. Now the VA and the politicians are working on their cost. The VA has apparently accepted responsibility.
In conversations with two individuals in separate interviews, employed by the VA, I was told the cost would be prohibitive. These were conversations with veterans employed in the VA who are dedicated to fairness. It was finally the time for the government to come to the aid of the Agent Orange diabetes victim. The study by the NAS shows the designation of "Limited/Suggestive" scientific evidence, which is as strong as three other conditions, approved by the VA.
Hundreds of my veteran clients had peripheral neuropathy claims denied by the VA, because their condition did not fall into the acute and subacute category as established in earlier VAO studies. Diabetes is a major cause of peripheral neuropathy. Major changes are in the forecast on this issue. Now we can correct the problems of the past for those who still survive.
Diabetes moved upward in the NAS report and the 2000 Ranch Hand study together gave new hope to Vietnam veterans. The Ranch Hand study indicated the higher the bloodstream concentration of dioxin, shown in tests back in the 1980s (which was ten years or more) after exposure to Agent Orange was greater risk in developing diabetes. There are dioxin studies now completed in the USA showing abnormalities in the bodys insulin response to sugar. Diabetes also causes death by heart and kidney failure as well as other diseases. These conditions have not been ruled out and most likely will not be ruled out.
MEDIA CATCH UP!
Tuesday April 2, 2002 the Columbus Dispatch and many other papers across our land presented an article on Agent Orange and the VA debt to veterans. It was refreshing to say the least to see the Columbus Dispatch article that verifies several chapters in the book In Search Of The Truth For Vietnam Combat Veterans 1998 Ohio AMVETS.
Finally the issue of effective dates were resolved by the 9th United States Circuit Court of Appeals in San Francisco. The article quoted Judge Dorothy Nelson "ailing Vietnam veterans should not bear the financial burden of government delays in acknowledging the devastating effects of Agent Orange." This decision will also assist the survivors of deceased veterans obtain benefits long overdue them.
In this work authored by David Barker from 1983 to 2001 each issue addressed in the Columbus Dispatch article was addressed in the 1980s and 90s. The Columbus Dispatch was sent copies but declined to publish or review them. The now very well known CNBC financial newscaster Liz Claman did a nice piece on the issues with David Barker on then WTVN-TV Channel 6. The OHIO AMVET magazine, Ohio VFW News, VVAs Ohio Veteran Communicator and several other veteran publications published each chapter of the book in serial form.
The letter to Jesse Brown on April 20, 1994 and its follow-up was also incorporated into the book and the issue was published in our state veteran publications as well as Bravo Outlook a national magazine.
In each year the National Academy of Sciences has published a review, the author has revised his work to reflect on the new findings.
In 1983 when employed by the Franklin County Soldier and Sailors Relief Commission, now known as the Franklin County Veterans Service Commission, David Barker came under personal attack on his position regarding Agent Orange. There was considerable pressure by isolated critics that attempted to discredit not only the work but the author as well. Several critics went to the point of an attempt to cause the termination of the authors employment. Fortunately for David it was to no avail.
To sum up the decision of the Appeals Court and the Columbus Dispatch we thank you in this year of 2002
IF YOU WERE EXPOSED TO AGENT ORANGE READ THIS!
Agent Orange first used in Vietnam in February of 1961 and used thereafter until the end of 1971 has beleaguered surviving Vietnam veterans more than any other issue. From the early months of the 1970s returning Vietnam veterans reported a multitude of conditions out of the normal realm of illness which seemed to be from a common source. That source was Agent Orange.
For many years we fought an uphill battle, which is still far from won. Currently we are in the midst of a bureaucratic argument of charging Vietnam veterans co-payment of medicines related to conditions the veterans knows is related to their Agent Orange exposure. Congress can mandate all of the laws and regulations they want and VA lawyers will interpret them to satisfy the VA budget. Thus three decades after the last use of the poisonous herbicide Agent Orange we are still fighting the system.
Again, a report from the National Academy of Sciences regarding leukemia and Agent Orange. If you recall the last report regarding leukemia and Agent Orange was flawed and another birth defect issue was trashed. That aroused joy in the hearts of the VA bureaucrats who are budget driven.
The Institute of Medicine, the National Academy of Sciences connected thorough research Agent Orange with Chronic Lymphocytic Leukemia (CLL). In the past reports Veterans and Agent Orange mention of this condition was made as not significant. Now it has been upgraded and the results will be sent to the VA lawyers to finalize the rules the victims will be subjected to for benefits. The research has indicated CLL is sharing characteristics with Hodgkin's Disease and Non-Hodgkins Lymphoma. Well, why not admit the facts that nearly all cancers are related. Most especially the people exposed to herbicides.
Many cancers are the result of Agent Orange. As a matter of fact it has been very difficult for the NAS scientists definitely rule out any cancer, being a residual of the exposure to the deadliest of synthetic chemicals. In 1994 it was determined that soft tissue sarcoma was a residual of exposure to Agent Orange. Since that time the Central Office redefined what soft tissue sarcoma is and had been considered. Thus it was restricted to certain organs rather than sarcoma of soft tissue in general.
Today, we still find many unbelievers in our midst. Even veterans in some cases that were in Vietnam feel if it did not affect them it just did not happen..
In the early 1990s my job had again been threatened over the stance taken regarding leukemia and cancers attacking those exposed to 2,3,7,8-TCDD or Agent Orange. Also it is very important to remember arsenic was used in herbicides as well as TCDD. Now, would you spray to kill undesirable weeds or rats around your home with arsenic? I doubt it. You may carefully set out bait with that substance; but I seriously doubt if you would spray your yard!
We need the NAS to concentrate on issues that are making Vietnam and certain Korea veterans ill with multiple cancers and other conditions. The birth defect issues as cerebral palsy which have a very high rate of incidence be explored. Renal cancer was upgraded in 1998 and where is a recent report on that killing condition? It would seem as if a condition that was upgraded would also have a high priority.
Another question comes to mind in the resolve of this issue. Those that died from Agent Orange before May 11, 1988 are statistics of the past. We see no evidence that their autopsies have been considered in the formula used in determination. I specifically recall veteran clients dying of cancer 1n the very early 1980s and their claim were denied, the appeals denied and the widows went on and the claim was forgotten by the VA. That issue did not make the cause and effect go away. It only made the statistics reflect other than the true facts. When these issues are brought to the attention of the veterans community some scoff, some deny, some ridicule, and some listen and make up their own mind.
One fact is important above all others after over thirty years of complaints, we are still far from the final analysis, so this fact bears repeating: The research has indicated CLL is sharing characteristics with Hodgkin's Disease and Non-Hodgkins Lymphoma. Well, why not admit the facts that nearly all cancers are related. Most especially the people exposed to herbicides. In 1988 none of these conditions were accepted.
I am certain there are those who criticize the eagerness of Vietnam veterans who want answers. However, this has been going on for nearly four decades.
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