Agent Orange/Vietnam Veterans

It amazes me sometimes how comfortable people are with me with their most intimate subjects. I am a young female who has no problem asking the most respected mature men of our nation the hard questions. I am the Nancy Grace of the VA. “So, you’re here for a leaky blister on your ass, Mister?” Yesterday’s big topic was after effects of prostate cancer.  I felt rather honored that these complete strangers left their most intimate problems in my hands. WAIT! WHAT?!!! Oh yeah, I went there!!!!

So as I sat in Release of Information yesterday trying to negotiate my way to the front of the line, I overheard two men talking about their exposures during the Vietnam Era. Damn! That did not sound right! They did not expose themselves they were exposed to Agent Orange. I put my negotiations on hold for a minute to interrupt their conversation because I had to know if they were getting everything they deserved. It was not the first time that I have heard that men have been awarded only TEMPORARY 100% Permanent and Total Disability for prostate cancer they obtained as an after effect of Agent Orange exposure. Also was not the first time I voiced my opinions on such matters, fair warning… This won’t be my last.

During the Vietnam War from 1962 to 1972, the US military used a mixture of Herbicide Orange and Agent LNX as part of Operation Ranch Hand, a chemical warfare program.   During Operation Ranch Hand nearly 20 million US gallons of chemical herbicides and defoliants mixed with jet fuel was sprayed in Vietnam, eastern Laos, and parts of Cambodia. The goal of the program was to kill the forestation keeping the guerrillas from having cover and to wipe out the food supply forcing them to move to US dominated cities.

In 1965 US Congress was told that the most important thing was to destroy crops but where the public was concerned emphasis was to remain on jungle defoliation. The soldiers were told they were destroying the crops that were being used to feed the guerillas. Later, they found out they were destroying crops that were for the general public. In some areas over 85% of the crops were destroyed in one year alone. How could that have been believed to only be feeding the guerillas? The US was charged with violating the 1925 Geneva protocol which regulates the use of chemical and biological weapons.

US. Veterans to this day suffer the effects of Agent Orange. The US Department of Veteran’s Affairs has determined that there are many conditions that veterans from the Vietnam era suffer are directly related to Agent Orange exposure and are eligible for treatment and compensation.

Diseases Associated with Agent Orange:

• AL Amyloidosis
• Chronic B-Cell Leukemias
• Chloracne
• Type 2 Diabetes
• Hodgkin’s Disease
• Ischemic Heart Disease
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Parkinson’s Disease
• Peripheral Neuropathy, Acute and Subacute
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancer
• Soft Tissue Sarcomas

To be eligible you must have served in Vietnam between January 9, 1962 and May 7, 1975. This can include visits ashore or service aboard a ship that operated on the inland waterways of Vietnam

OR

In or near Korean demilitarization zone anytime between April 1, 1968 and August 31. 1971.

If you you fall in either category you do not have to prove you exposed to Agent Orange to be eligible for disability compensation. The diseases are presumed to be associated.

You may also still be eligible for benefits if you did not fall into the above two categories but still were exposed to herbicides in the military and you believe it led to the onset of a disease.

For instance:

• Veterans who served on or near the perimeters of military basis in Thailand during the Vietnam Era
• Veterans who served where herbicides were tested and stored outside of Vietnam
• Veterans who were crew members on C-123 planes flown after the Vietnam war
• Veterans associated with DoD projects that tested, disposed, or stored herbicides in the US.

The VA also presumes that certain birth defects in biological children of women Vietnam Veterans were caused by military service.  The diseases are not tied to herbicide exposure but to the mother’s service in Vietnam. The Birth Defects that are covered by the VA include but are not limited to:

• Achondroplasia
• Cleft lip and palate
• Congenital Heart Disease
• Congenital talipes equinovarus
• Esophageal and intestinal atresia
• Poland syndrome
• Pyloric Stenosis
• Hallerman-Streiff Syndrome
• Hip Dysplasia
• Hypospadias
• Imperforate Anus
• Neural Tube Defects
• Hydrocephalus Due to Aqueductal Stenosis
• Tracheoesophageal fistula
• Syndactyly (fused digits)
• Williams syndrome
• Undescended testicle
• Hirschprung’s disease (congenital megacolon)

Conditions related to known family disorders or birth injuries are not covered.

There are also benefits available for children with spina bifida of veterans that served in the afore mentioned times and places .

While the US troops were in Vietnam they were assured that the chemical was harmless to them. Suspicions amongst the troops began to arise when there was an increase in poor health amongst those that served in Vietnam and miscarriages or children born with birth defects. By 1993 the VA was only compensating approximately 486 victims even though they have received claims from almost 40,000 soldiers that were exposed to Agent Orange. Veterans began to file class action lawsuits again manufacturers who claimed they weren’t to blame, but then settled before a jury could even be selected.

In 1991, Congress enacted the Agent Orange Act, which gave the US Department of Veterans Affairs the authority to allow certain condition to be declared presumptive, treatable, and compensable. The list grows by the year. More conditions were added in 2010.  “Highly placed individuals in government” argue that some of these conditions shouldn’t have been added to the list.

I am sure those same officials feel that they don’t owe restitution to the Vietnamese people, who have also filed suits against the American people for damages done.

Really tired of Government secrets and being used as pawns for their dirty work and left to suffer and die without compensation. We are their people. It shouldn’t surprise me what they do to others when I see what they do to their own.

I am sure many will disagree with me and maybe I am wrong. I am a highly sensitive person to the needs and concerns of others. But I thought that in war, we are to protect the civilians and only engage those that are lawful combatant targets. The US Soldiers in Vietnam were blatantly lied to, reassured of their safety and well-being and completely misled and not only did they wipe out communities of unarmed, helpless civilians they also sacrificed themselves to the knowledge of Congress, who painted an unrealistic picture to everyone including the public who supported the war.

I feel these innocent people are owed. Just like those American Veterans that suffer from the effects of Agent Orange today. I don’t think they should be only compensated temporarily. I mean the emotional and psychological impact some of these illness’ have on a person can last a life time, affecting relationships and lifestyles. A dollar amount can’t justly be put on that. A person can never be fully compensated.

I feel for these men who have suffered prostate cancer. Their sexual performance will never be the same. How they view themselves as men forever be changed. Some of these men see themselves as devalued. I see them as the same man they were before but it isn’t my point of view that matters. It is one’s own self value that ultimately matters.

These men that have suffered prostate cancer due to Agent Orange exposure are only awarded temporary Permanent and total disability. They receive treatment and after a period of time, when they are found to be cancer free they lose their compensation for their prostate cancer. But the effects of the disease are not all cured with chemo therapy. Studies show that many suffer with erectile dysfunction years after treatment, urinary incontinence, leakage, or bowel accidents. They suffer from depression and relationship strain, menopausal symptoms, stress, anger, and embarrassment. Does chemo therapy heal those things? Are the effects of Prostate Cancer only temporarily erased with treatment? Isn’t it true that the cancer can return? Don’t you feel that these people are entitled to a lifetime of compensation? I scratch my head while I ponder over these thoughts. I can do that in public. Men please don’t…It disgusts me when y’all do that!!!

Service-connected vs. non Service-connected roughly

A Service connected vs Non-Service connected disability seems like it would be self-explanatory, cut and dry. Maybe for the most part it is. But just because an injury or illness is non-service connected does not mean that it is not covered or always not compensated for. Disability compensation is tax free income paid to a Veteran with a disability that was either acquired in the line of duty or was made worse by their active military service.  Sometimes compensation is awarded to veterans post-service for disabilities that are secondary or related to in-service injury or illness, even though they presented themselves after military service.

Disability is paid to any veteran who is found to be at least 10% disabled for any condition whether physical or mental that incurred during active duty, active duty training, or inactive duty training. 

Are you Eligible to collect VA disability? Well isn’t that what the VA is supposed to be determining? Am I now doing their job? Will I get paid for that too? It is like the grocery store asking me to scan my own items when the cashier three aisles down gets at least minimum wage to do exactly what they want me to do for nothing. People in a hurry totally buy into that concept. That cashier just made the same wage for doing less work.  

Eligibility Criteria:

• Served in the Uniformed Services on Active Duty, OR
• Active Duty for Training, OR
• Inactive duty Training, AND
• You were discharged under other than dishonorable conditions, AND
• You were at least 10% disabled by an injury or disease that was incurred or aggravated during active duty service, active duty training, or inactive duty training.

By the way if you were on inactive duty training your disability must have resulted from injury, heart attack, or stroke.                

Proof:

• Medical evidence showing current physical or mental disability. AND
• Evidence that there is an association between your disability and military service. Medical Evidence or Medical Opinion are required to establish this relationship.

I would think in this case, it would be safe to assume that my opinion does not hold any weight, but if it did we would all be disabled in some way and being compensated for our service. In some cases a Veteran is presumed disabled.

For example:

• Former POW
• Veterans with certain chronic or tropical diseases that become evident in a specific period of time after discharge from service.
• Veterans who were exposed to ionized radiation, mustard gas, or Lewisite while in service
• Veterans exposed to certain herbicides, such as in those exposed while serving in Vietnam.
• Veterans who served in Southwest Asia during the Gulf War

  How to apply for Benefits:

Apply Online

Work with an Accredited Rep or Agent                 

Go to the nearest VA Regional Office and have a VA rep Assist you

Okay so that was all about the service connected disabilities. So what about the non-service connected disabilities?

Any veteran whose disability originated after military service and is not related to military service will receive VA medical care on a discretionary basis. Care is provided on a space available basis and if the veteran agrees to pay the co-payment. The veteran may also be eligible for a pension. I covered this a little in my blog titled “Do I qualify for a Pension?” This pension was created to help war time veterans whose non-service connected disabilities are permanent and total, preventing them from maintaining substantial gainful occupation.

Basically to qualify:

• You must have been discharged with other than dishonorable conditions, AND
• Served at least 90 days active duty and at least one day of during a period of war time AND
• Be 65 or older OR
• Permanently and totally disabled not due to your own stupidity OR
• Be a patient in a nursing home receiving skilled care OR
• Receiving Social Security Benefits AND
• Have a family income below the level set by congress minus medical expenses AND a net worth that does not exceed the limit.  (Word on the street is that you can sign your assets over to a friend or family even the day prior to claim without penalty to qualify unlike with Social Security who looks back to see what you have done with your assets. Don’t take my word for it though, I would get legal advice.  Just to be safe.)

By the way, if you enlisted after September 7, 1980, you must have served at least 24 months or the full period in which you were called or ordered to active duty. The only way you don’t have to have served the full 24 months is if you have a service connected disability and were released under an early out were given a hardship discharge.

Wartime Requirements:

WW1: 04/16/1917 to 07/01/1921

WW2: 12/07/1941 to 12/31/1946

Korea: 06/27/1950 to  01/31/1955

Vietnam: 02/28/1961 to 05/07/1975 but between 02/28/1961 to 08/04/1964 you had to serve in the country of Vietnam

Gulf War 08/02/1990 through a date to be prescribed by Presidential proclamation or law

 

For those of you who were National Guard and Reservists. To meet the criteria for establishing Veteran status you must have performed full time active-duty in the Armed Forces other than in training.

Commissioned Officers of the Public Health Service and National Oceanic Atmospheric Administration are considered to be active duty members and veterans once they are discharged.

How to apply for the Pension

In the form number field type in: 21-527EZ it will give you the Pension Application this form is fill-able online or you can print and mail to the nearest regional office. I put a link above to help you find the nearest regional office to you. Sorry I can usually get the form for you but for some reason my computer is not letting me view the pdf even though I have the latest version. 

Back to the Service vs the Non Service Connected:

If your disability is Service connected then your benefits are mandatory but if they are non-service connected then they are discretionary. Priority groups come into play here to determine when you get seen. I should maybe explain that. If you want to know more about Priority Groups I suggest you continue to follow my blog. I will explain that in the near future.

Lets talk about care and coverage:

If you are rated 50% or higher (regardless if it is for one condition or combined) the VA will provide limitless out patient care. If you are rated less than 50% total the VA will only treat those conditions that are service connected AT NO COST, the rest is subject to co-payment.

SO….. Non Service- connected outpatient care is free If you are rated at 50% or higher but subject to co-pay if less than 50%. Appointments are based on priority. Service is discretionary and based on space and resources available.

Hospital care in the VA is free to those that are service connected.  Even in some circumstances transportation may be covered. If you are not Service-connected you may be turned away if space or resources are not available, or if you do not agree to pay the deductible that you would normally pay under Medicare.

Nursing home or domicile care for those service connected may or may not be provided depending on income. They may not provide it to non-service connected either based on space and resources and those non-service connected again must remember that there is a co-payment.  

Don’t forget if you are being seen for a service-connected disability or disease to file a travel voucher after each one of those appointments. Even if all you get is a dollar or two it is well worth the few extra minutes. Actually now that I mention travel pay, I have opened up a whole new topic.      

Find us at Veterans Benefits Foundation

or on G+

Am I Deserving?

I met a man last night who served four years in the marines. He served during Vietnam and after his term he did not reenlist. He suffered no physical injuries though he saw a lot and suffered many mental and emotional scars. His buddy also served during Vietnam in the Marines. During his term in service he stepped on a land mine and lost a leg. He had a really kick ass prosthetic leg which I couldn’t help but point out to him. It was a decorated Marine leg. I liked it.

I thanked them for their service. The first man said he was undeserving. He said “I only served four years and the only thing I learned was how to duck, unlike my buddy here.”   He said he continues to work with veterans now because he feels he hasn’t served enough even though he is in his 60’s. He said he felt like he could have done more during his time of service. I understand his thinking. I feel the same way.

I am sure like me he gave 110%. We did our jobs to the best of our ability and also went above and beyond at times. I told him that I only served 5.5 years and that I never had a reason to duck. I told him how I developed a rare disease and my time in service was cut short. He said I deserved the recognition unlike him. I think the same thing when I meet other veterans.

We see the sacrifice some people have made, the loss of limbs, or other body parts. The mental and emotional instability that what they endured has caused. I sometimes feel I receive more than I deserve. But what makes one person more deserving than another. I willingly went where I was sent. I did my job. I followed orders. I led when a leader was needed and fell in line when a leader was already present. I improved in areas where change was vital and accepted change when it was directed. I did what others did. I just did it in a different environment, under different circumstances. I suffer daily. Mental, emotional, and physical pain.

There are those that never saw war. Never suffered any injury or illness. Does that make them less of a soldier? Less of a veteran? I don’t think so; that is when I look at other military personal. I for some reason hold myself at a different standard. Maybe it is because I wanted to continue serving. I didn’t choose to quit. I really think I could have done more despite my illness. I don’t think my work is finished.