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Agent Orange and Related Chemical Exposure Outside of Vietnam: Guam
This is the second part of a series of articles on the probability that Agent Orange and the related Rainbow Colors of chemicals used by our Armed Forces in their Herbicide War in Vietnam may have been present on Guam during the war.
We at Veterans Today have gone through a ton of evidence, interviews, email exchanges, and asked the hard questions being devil’s advocate for the VA, and this is what we came up with.
First, both the Pentagon and Department of Veterans Affairs have neither confirmed nor denied the presence of the Herbicides in the Agent Orange family of chemicals having existed on Guam during the Vietnam War. The Defense Department released a vague response to the VA stating that they could find no records of Agent Orange being used, stored, or shipped through Guam.
In this above response from the Pentagon to Congressman Lane Evans in September 2003, [that's about seven years ago folks] someone signing FOR Donald Rumsfeld stated that,
“The [Defense] Department has found no record of the use, storage, of Herbicides Orange, Blue, or White on Guam. In 1952, roughly 5,000 drums of Herbicide Purple were transported to Guam and stored there in anticipation of use on the Korean Peninsula. The herbicide was never used and was returned to the United States. Although other herbicides may have passed through Guam during the Vietnam Conflict, we have no record of long-term storage or use of these herbicides on Guam.”
Further, “The presence of dioxin contamination at a site [on Guam] does not necessarily indicate that Herbicide Orange was used or stored on that site. According to Air Force Studies, the dioxins at sites references in the Public Health Assessment were associated with burned material.”
This is not only a response of convenience but Congressman Evan’s staff did not ask the hard questions nor question this response from DoD. We do not know what the response of Evan’s office was circa 2003, but we do know that the VA has used this vague response to delay, delay, then deny hundreds of VA Claims from Vets who have served on Guam. It is a trend that gives appearances as if the VA and DoD had somehow coordinated and collaborated on coming up with this response from DoD in order to make denial of VA Claims a given regardless what evidence a Veteran presented on their own behalf of Rainbow Colored Herbicide use on Guam.
It is also as if some GS-5 fresh out of college staffed this coordination with the Pentagon accepting the vague DoD response at face value without question. We are amazed that Congressman Evans would even be naive enough to accept such a lame response at face value, but he is not in the hot seat now.
Here are the hard question that needed asking.
The VA also did not ask the hard questions. Any attorney representing a Vet before VA Appeals will tell you that VA adjudications is not going to take the time to research any evidence provided by a Vet that they get off the internet, from a third party, whatever, unless the Veteran who served in Guam can prove the Pentagon wrong or at least lame. Ain’t going to happen, when the easy way out is to delay and deny your claim until you die based on the DoD having no record that Agent Orange or what ever Agent existed on Guam except circa 1953. How convenient a cop out for the VA and DoD.
DoD has found no record of the use, storage, of Herbicides Orange, Blue, or White on Guam is not the same definitive answer at DoD cannot confirm or deny the presence of these chemical agents on Guam during the Vietnam War, or better yet DoD can confirm beyond a doubt that these chemical agents were never present on Guam during the Vietnam War. These are the responses that Congressman Evan’s staff should have could have made to DoD for a more definitive answer.
In 1952, roughly 5,000 drums of Herbicide Purple were transported to Guam and stored there in anticipation of use on the Korean Peninsula. The herbicide was never used and was returned to the United States. Our response to this lead would have been can DoD provide our Congressional Office with documentation showing exactly when (dates) and where in the U.S. the Herbicide Purple was shipped from Guam for storage or disposal, and can DoD provide us proof that the Herbicide Purple was not stored or dumped in any land fill on Guam remaining there during the Vietnam War?
Although other herbicides may have passed through Guam during the Vietnam Conflict, we have no record of long-term storage or use of these herbicides on Guam. Our response would have been exactly what “OTHER” herbicides passed through Guam during the Vietnam WAR? If DoD has records that OTHER herbicides may have passed through Guam during the WAR, it stands to reason that DoD would have records as to storage or use regardless the duration?
The presence of dioxin contamination at a site [on Guam] does not necessarily indicate that Herbicide Orange was used or stored on that site. According to Air Force Studies, the dioxins at sites references in the Public Health Assessment were associated with burned material. Of all the lame responses from DoD this one should have set off a red flag to any intelligent person in Congressman Evan’s office that the DoD was snowing them. We would have responded that DoD indicates that the presence of dioxin poisoning at a site on Guam does not necessarily indicate Agent Orange was use or stored on that site, but the only hard evidence DoD provides is that the dioxins result from burn pits. This raises more questions about exactly what was DoD burning at these sites, when, was it during or shortly after the Vietnam War, and why were material containing dioxin being burned on Guam in proximity to Housing Areas and such in the first place?
We believe readers that what seriously has most Vets pissed off that served on Guam, swear (willing under oath if necessary) that they personally sprayed Agent Orange or one of the other Rainbow Colors, handled the colorful drums, even submitting evidence such as Performance Reports that reflect they sprayed herbicides they believe to be Herbicide Orange and now have illnesses, some recognized by the VA as presumptive and some not, birth defect in children and grand-children, Veterans are being told by the VA that they are LIARS.
The sad thing is that the VA bases calling Veterans’ liars on slim evidence that the Veteran lied or is mistaken, or worse yet is not smart enough to know what Agent Orange was when they are spraying it even IF they were. SAY WHAT?
Another problem is that not enough Vets “speak out” regardless their beef with the VA. Readers you have to begin speaking out while you are at the VA, the minute you receive a denial, the minute you are doomed to the appeal process AND you have got to scream loud enough for VSO leaders and Congress critters who never served to hear you. Heck Congressman Bob Filner admits in committee that he proudly opposed and protested the Vietnam War as part of the Anti-War movement, and Filner is not a VETERAN. If we can’t twist his arm to demand the VA take ACTION to add Guam as a presumptive location of Herbicides used in our Herbicide War against Vietnam now that he is Chairman of the House Veterans Affairs Committee, not that it needs much twisting now that he is in our camp, what else can we do at Veterans Today or any other Veterans activist group or VSOs.
While I’m on that subject we will touch on it below, but even Congressman Filner had used the words Agent Orange and Guam in the same breath several time while in Committee. Several VSO spokesperson’s have said Agent Orange and Guam in the same breath, but folks these men and women cannot do it ALONE. They need our backing at the grassroots level.
Robert L. Hanafin, Major, U.S. Air Force-Retired, Veterans Today News Network
Another Class Action Lawsuit Against the VA and DoD is NOT the Answer?
The thought crossed our minds at Veterans Today that maybe members need to put pressure on VSO leaders to launch yet another class action law suit against the VA and DoD, however that is not the solution, because it is only time consuming, expensive, the VA and DoD would love Veterans to do that for all they need to is wait out the long and winding litigation process.
How many Vietnam Era Vets will die of Agent Orange or other herbicide related causes before the case comes to court, goes to appeal, or even once again to the Supreme Court (as in the case of Vietnamese who unsuccessfully sued the Chemical Companies). We believe more older Vets will perish from being chemically poisoned than will fall in Iraq and Afghanistan in the same time-frame.
Regardless, should DoD and the VA ever be taken to federal court in a class action lawsuit on this situation, this response from DoD and the lack of Congressional questioning of such a lame, vague, diversionary response from DoD, used conveniently by the VA, would just not hold up to the scrutiny or even common sense of a very good legal team representing the Veterans against government corporate lawyers.
Wartime is not the time for Veterans to be questioning the fact our government, especially DoD, and VA cannot be TRUSTED – could be bad for military recruitment.
Not only that but during wartime (well a few of us are at war) is not the time for former members of the Armed Forces to be legally suing the Department of Veterans Affairs and DoD for it sends the WRONG message to our troops in the field and could potentially harm military recruitment.
Can DoD confirm beyond a doubt that Agent Orange or related chemicals never existed on Guam. We do not think so, and based on this inability to prove that none of the Rainbow Colored poisons ever existed on Guam, the VA by its own regulations must err on the side of the Veterans it is suppose to serve not at the convenience of DoD or COST SAVINGS.
Would the Pentagon go on record confirming beyond a doubt that Agent Orange, Agent Pink, Agent Green, Agent Purple, Agent Blue, or Agent White NEVER existed on Guam during the Vietnam War? The Rainbow Agents had to be stored, and logistically trans-shipped from somewhere in the Pacific, and it is no secret that not only was Anderson AFB, Guam an operational Bomber base flying mission over Vietnam, but Guam was also a logistical hub in support of combat operations in Vietnam.
Even if the Pentagon took a position of not being able to confirm or deny, which is pretty much what their response to Congressman Lane Evans back in 2003 sounds like, the VA should be giving the benefit of a doubt in favor of America’s Veterans in lieu of an emphasis on COST SAVINGS.
We have also learned that the number of Veterans who served on Guam have placed enough pressure on the Veterans Service Organizations they belong to testifying they have used, stored, or transported one of the various Agents while serving on Guam during the Vietnam War that several VSOs have already gone before Congress to express this concern. This was BEFORE my last article went to post on this situation went to post, so my apologies for inferring the VSOs were not doing enough on this issue, but enough is not FAST ENOUGH.
Just as our troops, be we Vietnam Vets. Gulf War Vets, Iraq or Afghanistan Vets train, prepare, and exercise for unit readiness, our Veterans Service Organizations and members of Congress need to show a SENSE OF URGENCY that is not only lacking but DEADLY.
Several Congressional Representatives, too few to mention, including Congressman Bob Filner, Chairman of the House Veterans Affairs Committee, and Congressman John Hall of New York have gone on record stating they believe Veterans when WE say Agent Orange or one of the related chemical contaminants was present on Guam during the Vietnam War.
We will provide documented statements from several VSO representatives who have expressed this concern to Congress specifically mentioning Agent Orange and Guam in the same breath in the next segment of this series of articles. We will post a statement by the Chairman of the House Veterans Affairs Committee stating in committee hearing that he believes Agent Orange was present on Guam during the Vietnam War.
We believe the best course of action is to for Veterans concerned, those who served on Guam and feel they have been exposed to a chemical contaminants like Agent Orange to continue pressure on your VSO leaders to stay the course in Congress to force the House and Senate Veterans Affairs committees to tell the VA to add Guam to the listing of recognized locations outside Vietnam where Agent Orange existed. Statements we have seen coming out of Congress only mention a suggestion that the VA do this not a directive.
If the House and Senate Veterans Affairs Committees are not in a position to tell the Department of Veterans Affairs to make such a simple change to policy instead of simply recommending the VA make such changes, no wonder America’s Veterans are so slow to achieve change at the VA. Why need a House or Senate Veterans Affairs Committee in the first place if they lack authority to direct the VA to implement change?
Veterans seriously concerned about this issue need to also put pressure on your member of Congress to get behind any legislation proposed that expands Agent Orange and related herbicide poisoning to any location outside of Vietnam where these chemical could have potentially existed.
When the Chairman of a Committee in Congress makes a statement using Agent Orange and Guam in the same breath, said Chairman should be able to make it happen or we find another Chairman.
My fellow Veterans, we are entering the 2010 November election final stretch there could be no better time or opportunity to press your cause than NOW.
Simply put NO GUAM added to the list of locations where herbicide poisoning occurred or existed = NO VOTE. Unless YOU take collective grassroots action, your VSO leaders are impotent to do anything without a voting bloc to back them. Mind you members of Congress could write the Veterans’ vote off if they seriously wanted to, but this is still wartime for at least one percent of our population, writing our vote off could potentially be as much of a political suicide as implementing THE DRAFT.
I for one will not Vote for any Congress person or Senator in Ohio who cannot make this happen. We Veterans should care less if bean counters at the Pentagon say they can’t find any documentation, if our brothers and sisters in arms are willing to swear under oath giving testimony that they were exposed to Agent Orange related chemicals on Guam, we must take their word for it over some Pentagon or VA Bureaucrat who most likely never wore a uniform much less saw combat.
Part three will cover statements made by Congressman Bob Filner, and leaders of several Veterans Service Organizations on behalf of Vets who served in Guam. The word and honor of Veterans is more reliable than most any representative of the VA or DoD.
Lastly, keep in mind that although our focus is Agent Orange and Guam it unfortunately is the burden of us Veterans to fight for recognition of Herbicide or related poisoning outside of Vietnam proper.
Congress tends to be moving in that direction, but those of us vaguely familiar with the Congressional process know it moves at a snails pace, Congress could never win any war on their own without a shove from us MILITARY VETERANS.
The November 2010 elections are coming up and NOW is the time for Veterans to be doing the shoving at grassroots level, at every Town Hall Meeting, at every political rally, at every politicians photo op to show how much he or she supports us make the demand loud and clear
NO GUAM (OKINAWA, AMERICAN SAMOA, WHERE EVER) ADDED TO THE VA’s LIST OF PRESUMPTIVE LOCATIONS FOR AGENT ORANGE EXPOSURE BY NOVEMBER 2010 – THEN YOUR VOTE WILL BE EASY – VOTE NO FOR ANY POLITICIAN WHO CANNOT MAKE THIS HAPPEN.
Robert L. Hanafin, Major, U.S. Air Force-Retired, Veterans Today News Network
Short URL: http://www.veteranstoday.com/?p=36938
Posted by Robert L. Hanafin on Jun 21 2010, With 0 Reads, Filed under Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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To those Vietnam Vets, mostly Airmen, who served on Guam during the Vietnam War, below is the email response we at Veterans Today received from the Department of the Air Force.
It is pretty much the same response that then Congressman Lane Evans of Texas got from the Department of Defense mentioned in our story above that DoD can neither confirm or deny the presence of Agent Orange or any of the other Rainbow colors on Guam during the Vietnam War. The only thing the Air Force can say with certainty is they have no records that support the presence during that time frame.
Message from AF Historical Studies Office, Bolling AFB, DC dated Monday, June 21, 2010 12:24 PM
Mr. Hanafin,
We received your request for information on the presence of Agent Orange on Guam during the Vietnam War. Unfortunately, it is not possible to provide documentation conclusively proving that the USAF did not store or use Agent Orange on Guam. The dilemma is that it is virtually impossible to prove a “negative.” The only thing we can say with confidence is there is no indication in any of our publications, studies, or official unit histories that this herbicide was present at Guam. To ensure that we had included all known, official sources, we contacted the Air Force Historical Research Agency and the Air Force Surgeon General’s office.
I trust that you are familiar with William A. Buckingham Jr., Operation Ranch Hand, The Air Force Herbicides in Southeast Asia, 1961-1971. It is the most comprehensive overview of the program, and the author’s research was thorough and his analysis solid.
Because of the US Army’s role in storing Agent Orange, you may also wish to contact Army historians at the Center of Military History.
Sincerely,
John Q. Smith, Ph.D.
Director, AF Historical Studies Office
DSN: 754-2169; (202) 404-2169
—–Original Message—–
From: Tinsley, Donna Civ AF/SGL
Sent: Thursday, June 17, 2010 3:30 PM
To: Smith, John Q Civ USAF AF/HOH
Subject: RE: Question About Agent Orange Use on Guam during the Vietnam War
Mr. Smith, we could find nothing in our files relating to Agent Orange use in Guam, sorry. It seemed to me it had come up before, but no luck. I think good old Buckingham is pretty reliable, and in fact was the bible our Ranch Hand researchers referred to. Perhaps the Army will have something for him.
Thanks very much.
Donna
END OF MESSAGE
Veterans Today Comment is our response to the Air Force:
Thank you for the very quick and courteous response Dr. Smith,
We will publish what you have responded in such a way as to give Veterans who served on Guam and testify to its presence the benefit of a doubt for when not sure err on in favor of the American Veteran. DoD or at least the Department of the Air Force is not sure if Herbicides of the Agent Orange family were stored on Guam or not only that in all certainly you found no record of it.
Since DoD cannot unequivocally state none of these herbicides were not present on Guam during the Vietnam War, a positive no they were never present cannot be a given.
Dr. Smith, maybe you cannot prove a negative, but and I quote saying “The only thing we can say with confidence is there is no indication in any of our publications, studies, or official unit histories that this herbicide was present at Guam” that is not the same as saying, “The only thing we can say with confidence is herbicides related to the Agent Orange family were not present at Guam during the Vietnam War.”
Respectfully sir, such vague responses only beg more questions from Veterans who served on Guam mostly Airmen. The dilemma you really run into is that the Department of the Air Force cannot say without a doubt that Agent Orange, nor any of the other Rainbow colors, was not present on Guam. In fact, if I understand you correctly the Air Force just does not really know if they were or not only that you can’t find any documentation confirming or denying presence.
Regardless, thank you for your response, we have decided to launch an archival search of our own within the historic archives of the Government of Guam, EPA, newspaper archives of the Vietnam period, especially pertaining to Guam, and memoirs, recollections, and testimony of Airmen who served on Guam during Vietnam, and other research sources to provide a more definitive answer than what is coming from the Pentagon.
To the point either Herbicides were present on Guam during the Vietnam War or they were not, however inability to neither confirm or deny will be acceptable when a Veteran who served on Guam challenges the VA’s decision to use this vague response to deny the claims of Veterans who have served on Guam that they believe they have been exposed to dioxins.
Frankly, bringing up this issue while we are at war is going to do nothing positive for the war effort or military recruitment, especially for the Air Force. As the number of Veteran Airmen on Guam who believe they have been exposed to such a chemical agent grows along with them increases the number of military retirees who will never advise youngsters on a military career. That Dr. Smith is the saddest part of this dilemma.
Appreciate your suggestion of checking with the Department of the Army. We have decided to go the route of FOIA through the DoD FOIA office, Department of the Army, and the U.S. Army Chemical Corps archives to determine if (1) U.S. Army Chemical Corp units involved in Herbicide Ops were ever stationed on Guam during the Vietnam War, regardless how long, or (2) logistical date on locations where Army Chemical Corps units serving in Vietnam received trans-shipment of Herbicides for their Herbicide Warfare operations in Vietnam. Hopefully, this will give us a better handle on where the poisons were actually stored minus records to the contrary.
You are right Dr. Smith, the Army as the overall program manager for Herbicide Warfare Operations in Vietnam would most likely be more attune to maintaining archival records than the Air Force, especially given they owned Fort Detrick.
Regarding Ranch Hand, we question that most on-line links to data on Ranch Hand lead to dead ends. Could you kindly provide us a link to the Ranch Hand Study that works?
That said, there is criticism on the horizon of the Ranch Hand study coming out of Veterans Service Organizations and about to be debated in Congress. Not in regards to the quality of the study by any means, but regarding the limited scope of the study.
As we understand it, the study focused primarily on in-country Vietnam, included Army Chemical Corps personnel, and Airmen involved in Herbicide operations inside Vietnam. In many respects, Ranch Hand was very limited in scope excluding for example Blue Water-Brown Water Navy, and military personnel in Korea, Thailand, and elsewhere who handled the poisonous chemicals.
We presume this may most likely float over into the House and Senate Armed Services Committees for the Pentagon to provide more definitive responses than it cannot, or has not, found records to confirm or deny.
Nevertheless, we appreciate the courtesy of a response from you office, and the timeliness in which you responded speaks well of the databases you must maintain to be able to respond on such short notice with such expedition, and we certainly do understand your dilemma.
Respectfully,
Robert L. Hanafin
Major, U.S. Air Force-Retired
GS-14, U.S. Civil Service-Retired
Vice-Chairman of the Editorial Board
Veterans Today News Network
ON A SIDE NOTE TO VETERANS WHO HAVE SERVED ON GUAM DURING THE VIETNAM WAR AND PASSIONATELY FEEL THEY HAVE BEEN EXPOSED TO CHEMICAL CONTAMINATION:
“To the point either Herbicides were present on Guam during the Vietnam War or they were not, however inability to neither confirm or deny will be acceptable when a Veteran who served on Guam challenges the VA’s decision to use this vague response to deny the claims of Veterans who have served on Guam that they believe they have been exposed to dioxins.”
Please be mindful this is Major Hanafin’s opinion, maybe shared by quite a few Veterans but only an opinion. I caution you that before challenging the VA claims process with “my perspective,” consult an attorney specializing in VA Claims Appeals, a certified Veterans Service Officer recognized and certified by the VA but not a VA employee, and the best thing you can do is get the VSO you belong to behind you. Lastly, I urge you to seek the sponsorship of a VSO recognized by the VA to assist with VA Claims. If you do not know which VSOs are recognized by the VA, you will find it on the VA Website of simply ask me.
We at Veterans Today intend doing what we can to encourage leadership of VSOs to take a more proactive and aggressive stand on this and as my next installment will show a few VSOs are moving out on this. We only need to place a SENSE OF URGENCY under them not criticize them. From what I’ve learned the political process surrounding Agent Orange, PTSD, Gulf War Illness, you name it is most frustrating for those with access to Congress.
[...] read the full article (external link), click here. var a2a_config = a2a_config || {}; a2a_config.linkname="Veteran’s Today – Agent [...]
Veterans Today Editorial Comment:
MSgt Jackson, let me assure you that Vets who served on Guam and passionately believe you’ve been exposed to Agent Orange – you are going to get media coverage NOW.
This link back is on the Vietnam 2010 website, which is an organization that sponsors trips back to Vietnam for students, teachers, Veterans, and so forth.
They picked our article up from Google, and note we are with the big boys.
Bobby Hanafin
Another great article. But the issue of hurting DOD’s recruitment to support the two current wars is not the fault of veterans who demand action, treatment, and compensation from the VA for illnesses, cancers, and injuries not only to us, but our children and grandchildren too. It is the fault of the current and former US Governments of the past, Democrats and Republicans. They are/were the ones making promises to new recruits, just as they made promises to us. It is therefore the government who created the future recruitment problem by not fulfilling their promises to us, we trusted the government, and the government willingly and knowingly failed to keep promises to us.
In other words, the United States Government wrote checks to US Veterans they were never willing to cash.
It is the government who created their own dilemma, not the veteran, and now the government, and the VSO lapdogs, tell us we veterans will hurt recruiting and the current war efforts if this gets to much publicity or we bring law suits?
What kind of BS answer is that to veterans from past wars?
We have to get support from this Congress, and the next one. One bill, no matter how sweeping will not solve all the past wrongs. It is a first step in the right direction, but only a first step. What is the government going to do if in 20 or 30 years claims for DU exposure starts coming in from this current generation of Soldiers, Marines, Airmen, Sailors, and Coasties?
Veterans Today Editorial Comment:
“It is the government who created their own dilemma, not the veteran, and now the government, and the VSO lapdogs, tell us we veterans will hurt recruting and the current war efforts if this gets to much publicity or we bring law suits?”
What kind of BS answer is that to veterans from past wars?
MSgt. Jackson,
Let me clarify a point or two, unless you know something I don’t?
The notion that Veterans of past wars filing complaints about how our government treats us could impact future military recruitment is not part of the response we got from the Air Force, that was only my opinion.
However, opinion based on fact. If you are a member of any Military Retirees group be it the Air Force Sergeant’s Association, Military Officers Association of America or what have you and regardless if the issue is:
- SPB Equity
- Concurrent Receipt
- TRICARE premiums
You name it, the organization uses the fact that treating those who have gone before shabbily may result in drops in military recruitment levels.
Another way to look at it in the long run is the pool of young people fit for military service that will be available in the future regardless.
I know that a few retirees (Officers and NCOs) have gone public with concerns that the medical and health deterioration among America’s young people (obesity, Mental Health issues, birth defects) will decrease the potential pool of volunteers in the future.
That said, most Vets who claim an Agent Orange connection usually also claim birth defects among their children, common sense tells us that their children are not going to be eligible for military service regardless what the Vet thinks.
Now if you and MSgt. Foster wish to encourage some kid in your neighborhood to join the Air Force after complaining about how the Air Force and VA is treating you that simply makes no sense.
When I returned from Vietnam way back in the day, I decided to leave the Army and join the Air Force, do you think if my Dad, or Grand-Father had been treated like you and MSgt. Foster that they would have encouraged me to stay in the military. I personally went back in the service, because it was the only place I felt welcomed home after Vietnam.
Has I felt spit on by our government or the American people, the last thing I would have done is stay in the military. This is an attitude I share and can relate to Vets who have spent but one or two tours on active duty then couldn’t wait to get out and stay out.
However, you are right OUR GOVERNMENT is creating the situation not US VETERANS.
Bobby Hanafin
?? My job on Guam required me to work in areas while herbicides were being sprayed all around me, often. I have sworn testimony from the person doing the spraying and pictures and the EPA Superfund Sites test results showing TCDD/Dioxin contamination in many locations on Andersen AFB. I also have records of at least four other Veterans that are being paid for herbicide exposure on Guam. If nothing else why doesn’t the Reasonable Doubt Regulation (38 CFR 3.102) apply? ??
Ralph Stanton
38 CFR 3.102 – Reasonable doubt.
3.102 – Reasonable doubt.
It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other
point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the
evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships.
(Authority: 38 U.S.C. 501) [50 FR 34458, Aug. 26, 1985, as amended at 66 FR 45630,
Aug. 29, 2001]
Read more: http://cfr.vlex.com/vid/3-102-reasonable-doubt-19776129#ixzz0rAiVsqDP
Sent into Veterans Today by MSgt. LeRoy Foster Saturday, June 26, 2010
Please take a look at this .pdf file on a VIETNAM WAR VETERAN who was stationed in Thailand and Guam. Many, many of his illnesses are the same as Ralph and me. It is shocking. WE HAVE BEEN DECEIVED.
http://veteransinfo.tripod.com/AO%20Thailand%20and%20Laos/herbicide.pdf
LeRoy G. Foster, MSgt, USAF, Ret
Sent into Veterans Today by MSgt. LeRoy Foster, USAF-Retired on Saturday, June 26, 2010
AGENT ORANGE USE ON OKINAWA
OKINAWA AGENT ORANGE USE: According to a board ruling uncovered by Kyodo News the U.S. Board of Veterans’ Appeals found in 1998 that the hazardous chemical defoliant Agent Orange was most likely used on Okinawa, and ruled in favor of a former U.S. service member who sought compensation for prostate cancer he blamed on his work there in the early 1960s. The discovery comes as the Defense Department has still to confirm whether Agent Orange was stored or used in Okinawa during the Vietnam War that ended in 1975. In its ruling, issued on 13 JAN 98, the [VA Appeals] board concluded that “credible evidence sustains a reasonable probability that the veteran was exposed to dioxins while serving in Okinawa.” The board further said it was granting him service-connected disability compensation “for prostrate cancer as being the result of Agent Orange exposure” while in Okinawa between 1960 and 1961. It found entirely believable his testimony about the U.S. military’s mixing, storage and even use of Agent Orange on Okinawa at a time when Japan’s southernmost prefecture was still under territorial control of the United States, which used it as a strategic transport hub during the Vietnam War.
Agent Orange, a herbicide mixture containing the highly toxic substance dioxin, was sprayed by U.S. military aircraft over the southern portion of Vietnam from 1961 to 1971 to clear jungles and deny cover to communist fighters. It has since been blamed for numerous health problems, including various types of cancer and birth defects. The former service member, who worked as a motor transport operator on Okinawa Island but had never been to Vietnam, said in his testimony that while Agent Orange was mainly used to defoliate trees and shrubbery in lush war zones like Vietnam, “in Okinawa, we had other uses for it, particularly near base camp perimeters.” He said herbicides thought to include Agent Orange were sprayed from trucks or backpacks along roadsides, used for landscaping and also taken to the densely forested northern part of Okinawa Island to clear foliage to facilitate war game maneuvers there. Subtropical Okinawa’s heavy rainfall, he said, created a demand for non-water-soluble defoliants such as Agent Orange that would not just wash away with the next rain. He testified that personnel were not told or warned about the hazards of the herbicides that they were handling, nor were they issued any protective clothing”.
As recently as NOV 04, DoD stated that it has been unable to find any records of Agent Orange being used or stored on Okinawa Island during the Vietnam War era. The statement came in response to queries made in JUL 04 by then U.S. Rep. Lane Evans, a ranking Democrat on the House of Representatives Committee on Veterans’ Affairs, who wrote to then Defense Secretary Donald Rumsfeld requesting any information on the use or storage of Agent Orange on Okinawa. That was replied to by Gen. Richard Myers, then chairman of the Joint Chiefs of Staff, who told Evans in NOV 04 that “records contain no information linking use or storage of Agent Orange or other herbicides in Okinawa.” Myers further said there was “no record of any spills, accidental or otherwise, of Agent Orange. Therefore, there are no recorded occupational exposures of service members in Okinawa to Agent Orange or similar herbicides.” The Board of Veterans’ Appeals ruling said that while the U.S military had been “generally unable to document the use of herbicides in Okinawa,” experts who attempted to verify specific dioxin exposure there “do not negate that possibility.”
Hundreds more former U.S. service members who were stationed in Okinawa during the Vietnam War have lodged medical compensation claims with the U.S. Department of Veterans Affairs, citing Agent Orange exposure, according to information viewable online in the archives of the Board of Veterans’ Appeals. But most cases have either been denied or sent for review on the grounds of insufficient evidence linking their illnesses to Agent Orange exposure.
The various documents surface at a time when Washington and Tokyo are realigning the U.S. military presence in Japan following years of protests from Okinawans who have long complained about crime, noise and crowding associated with U.S. bases on the island since the end of World War II in 1945. U.S. bases occupy about 20 percent of Okinawa’s land area and have also been viewed as being a large part of the island’s environmental problems. Under the realignment, about 4,000 hectares of the 7,800-hectare U.S. jungle warfare training area in northern Okinawa, mentioned as a place where Agent Orange was sprayed, are due to be handed back to Japan. Kunitoshi Sakurai, president of Okinawa University who specializes in environmental engineering, expressed concern over the possibility of residual dioxin there, pointing out that the northern area is the source of most of Okinawa’s water supply. [Source: Marine Corp Times 9 Jul 07]
http://www.ct.gov/ctva/lib/ctva/RAO_Bulletin_Update_15_July_2007.txt
Veterans Today, It all does make sense now with that last article I sent to you
“The former service member, who worked as a motor transport operator on Okinawa Island but had never been to Vietnam, said in his testimony that while Agent Orange was mainly used to defoliate trees and shrubbery in lush war zones like Vietnam, “in Okinawa, we had other uses for it, particularly near base camp perimeters.” He said herbicides thought to include Agent Orange were sprayed from trucks or backpacks along roadsides, used for landscaping and also taken to the densely forested northern part of Okinawa Island to clear foliage to facilitate war game maneuvers there. Subtropical Okinawa’s heavy rainfall, he said, created a demand for non-water-soluble defoliants such as Agent Orange that would not just wash away with the next rain. He testified that personnel were not told or warned about the hazards of the herbicides that they were handling, nor were they issued any protective clothing”.
The use of trucks and backpacks for hand spraying and use of Agent Orange because it wouldn’t just wash away. I hand pumped those barrels of Agent Orange in the the old OIL AND ADI TRAILER 750 GALLON TRAILER FILLED FROM THE TOP HATCH and later on using the powdered AGENT BLUE AND WHITE which worked extremely fast on the vegetation on the cross island fuel pipelines and the security fences around the Air Force flightline, fuel tank farm security fences, fuel valve pits, booster pump station at the Naval Air Station and Potts Junction tank farm and Tumon tank farm that was directly over THE RESORT HOTELS in TUMON BAY. In my previous testimony and statements from me and Sgt Ralph Stanton before I found the data on Okinawa you can clearly see in our statements and now this corroborating evidence of similar applications used on Okinawa as on Guam. Senator Schumer’s office has a POINT PAPER ON AGENT ORANGE USE ON GUAM READY FOR RELEASE TO THE PUBLIC AND TO CONGRESS BUT their maybe other issues preventing it’s release.
Dr. Paxton,
Thank you for your letter and for your efforts to help the Vietnam Era veterans who served in Southeast Asia theater of operations including Guam and Okinawa. I will send you a copy of my claim to include all previously denied claims for Agent Orange exposure and all of my pertinent medical records which does not include the Healthy Heart Program records from Charleston AFB Clinic and Charleston Naval Hospital records but will include the sterility records, chloracne, heart disease, high blood pressure, high cholesterol, spinal disease stenosis and spondiolysis, immune deficiencies, etc . etc.
It is ironic that the veterans who served so gallantly and so selflessly giving their lives to our great nation would suffer a lifetime of torment, anguish, homelessness, loss of quality of life, loss of family members, loss of dignity and self respect, loss of the love of a nation for those the answered their nations call to arms to protect our interests here and abroad, loss of health in suffering terrible diseases and now find out the terrible truths of Agent Orange and other herbicides which we used. I hope my records can be a benchmark for all others who are suffering from this exposure.
I would gladly give up everything that I have or will have to bring comfort to those men and women and their descendents who are suffering without hope of compensation because of loss of records etc because of our failed VA medical care and DoD loss of records.
Please know that I am very much appreciative of your organizations efforts to helping the Vietnam Era veterans and their dependents and future dependents in the fight for their lives and existence. God Bless You and those you serve with in this endeavor to make things right with our nations heroes.
LeRoy G. Foster, MSgt, USAF, Retired
In a message dated 8/27/2009 11:35:16 A.M. Eastern Daylight Time, MPaxton@nas.edu writes:
Dear Mr. Foster,
We were interested to receive a copy of your submission to your representatives. In my opinion, your appeal to them is likely to be the most efficacious (and perhaps only) means of obtaining coverage for Agent Orange related health conditions for those who served in Guam, Okinawa, and Thailand.
The Institute of Medicine (IOM) has no role in processing the claims of individual veterans. At the direction of Congress, IOM produces the on-going VAO series, which reviews the peer-reviewed epidemiologic literature on possible health effects due to Agent Orange and its components. The Department of Veterans Affairs (VA) uses these reports in determining disability compensation for Vietnam veterans. IOM just recently released the findings of Update 2008 incorporating findings published between October 2006 and September 2008 into the existing evidence. You will probably be interest in the committee’s position concerning the Blue Water Navy, which represents the “leading edge” on the issue you raise. The version now available is the prepublication draft delivered to VA and released on July 24; there will be additional work on the report to produce the bound volume in November, but the content and conclusions will remain the same.
If you are interested, you can examine Update 2008 at http://www.iom.edu/CMS/3793/4689/71705.aspx. By clicking on “Read and Purchase,” you will go to a site where you can access a pdf of our report’s summary (under “Download Free”). Toward the bottom of this site to the right of the “Table of Contents,” if you insert a condition’s name in the search box, you will see where it occurred in the report. By clicking on the book covers listed below Update 2008 at the original site, you can follow the same procedure to see earlier reports in the VAO series.
I am very sorry to hear about the health problems you have suffered. Please know that your service to our country is greatly appreciated.
Best wishes,
Mary Paxton
Mary Burr Paxton, PhD, DABT
Senior Program Officer
Population Health and Public Health Practice
Institute of Medicine
Keck 871, 500 Fifth St., NW
Washington, DC 20001
(202) 334-1731
fax: (202) 334-2939
Suspected Agent Orange use concern for Guam
Check out Radio Australia:Pacific Beat:Story:Suspected Agent Orange use on Guam!
Updated June 22, 2010 09:04:23
War veterans on Guam continue to be concerned about the suspected use of Agent Orange and other herbicide chemicals on the island.
Presenter: Geraldine Coutts
Speaker: Shawn Gumataotao, spokesman for the governor of Guam
http://www.radioaustralia.net.au/pacbeat/stories/201006/s2933366.htm
POSTED FOR:
LeRoy G. Foster, MSgt, USAF, Ret
Life Member of the DAV of New York State
Member of the American Legion Post 777, Celeron, NY
Member of the Vietnam Veterans of America