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Subject: Re: TAURA KING'S RESEARCH AND TVVET UPDATE

Author: Marilyn Oliver

[ Next Thread | Previous Thread | Next Message | Previous Message ] Date Posted: 07:44:27 10/05/06 Thu In reply to: MARILYN OLIVER 's message, "TAURA KING'S RESEARCH AND TVVET UPDATE" on 23:09:31 05/08/05 Sun VA Not Processing Agent Orange Claims From "Blue Water"/ ATTENTION!!!!!!!!! Hello everyone, It is coming down, that the VA is not processing claims, under the Blue Water Navy decision. This e-mail, will be quite lenghty. It is four e-mails in one. Let me stress, DO NOT GIVE UP HOPE! The NVLSP attny's are on the job. What follows is instructions from Taura and the attny. Blessings Marilyn Fact is, we knew VA would appeal and I can assure everyone that NVLSP is more than prepared to address this appeal. They would not have gone this far had they not known this would be the path VA would take and they again are prepared--will they win--it is my belief they will-- The Thailand Vets NEED TO FILE THEIR CLAIMS BASED ON LONG STANDING VA instructions which I have enclosed--if they file based on the Haas case they will be held up on their claims until this action has been decided. Taura Fw: Stay on Claims as a Result of Haas vs Nicholson Date: Thu, 28 Sep 2006 08:46:24 -0700 Ok--so this is why I keep telling all Thailand, Laos and Cambodia Veterans why they should NOT use the Haas ruling to support their claim--USE The VA LK0ong Standing Instructions-Guid Lines already In place--What If You Were Wxposure to Herbicides OUtside Of Vietnam--which I again have attached for your review. (this will follow, the next e-mail) And see the intro letter but IGNORE all the info on Haas Taura NVLSP Date: Thu, 28 Sep 2006 08:54:56 -0700 I have found that some of you are being refuse the right to file claims--we contacted NVLSP to report this and this is the response--also I -have sent out info on this subject to help you understand how to keep your claim from falling under the Haas case. I will also be sending out info so all of you know what to do if you are refused the right to file a claim which has already happened to a few of you. See all the content below. Taura Dear Taura and Sue, Any service officer who is refusing to file a new claim is doing a great disservice to the veteran. By waiting to file a claim, the veteran will lose the earliest effective date possible for benefits. Even if the VA delays acting on the claim, the veteran will preserve the effective date of their claim by filing ASAP. It boggles my mind that any service > officer would advise a veteran not to file immediately. I would contact the supervisor of the service officer, the national headquarters of the organization, or seek the services of another organization if the VSO refuses to file the claim. Rick Richard V. Spataro Staff Attorney National Veterans Legal Services Program 1600 K Street, NW, Suite 500 Washington, DC 20006-2833 Tel: (202) 265-8305, ext. 149 Fax: (202) 328-0063 Email: rick_spataro@nvlsp.org http://www.vba.va.gov/bln/21/Benefits/Herbicide/AOno3.htm Agent Orange - Herbicide Exposure VA’s Guide on Agent Orange Claims What is Agent Orange? Agent Orange was one of the weed-killing chemicals used by the U.S. military in the Vietnam War. It was sprayed to remove leaves from trees that enemy troops hid behind. Agent Orange and similar chemicals were known as “herbicides.” Agent Orange was applied by airplanes, helicopters, trucks and backpack sprayers. In the 1970’s some veterans became concerned that exposure to Agent Orange might cause delayed health effects. One of the chemicals in Agent Orange contained small amounts of dioxin (also known as “TCDD”), which had been found to cause a variety of illnesses in laboratory animals. More recent studies have suggested that dioxin may be related to several types of cancer and other disorders. As a Vietnam Veteran, What Kind of Benefits Can I Get? U.S. Department of Veterans Affairs (VA) pays disability compensation to Vietnam veterans with injuries or diseases that began in, or were aggravated by, their military service. These are called “service-connected” disabilities. VA has several pamphlets describing VA benefits. They are available on the Internet at: www.va.gov/publ/direc/eds/edspamph.htm. If you do not have Internet access at home, you can get free access at most public libraries. Publications are also available at your VA Regional Office or by calling these offices at 1-800-827-1000. How Much Compensation Will I Get? Monthly payment rates are based on the veteran’s combined rating for his or her service-connected disabilities. These ratings are based on the severity of the disabilities. Additional amounts are paid to certain veterans with severe disabilities (“special monthly compensation”) and certain veterans with dependents. Current and Historical Compensation Rate Tables are available on the web. What Evidence Do I Need? In an Agent Orange-based claim by a Vietnam veteran for service-connected benefits, VA requires: a medical diagnosis of a disease which VA recognizes as being associated with Agent Orange (listed below), competent evidence of service in Vietnam, and competent medical evidence that the disease began within the deadline (if any). Who Can Get Benefits? Under the law, veterans who served in Vietnam between 1962 and 1975 (including those who visited Vietnam even briefly), and who have a disease that VA recognizes as being associated with Agent Orange, are presumed to have been exposed to Agent Orange. These veterans are eligible for service-connected compensation based on their service, if they have one of the diseases on VA’s list of “Diseases associated with exposure to certain herbicide agents.” This list is found in VA’s regulation, Section 3.309(e), in title 38 of the Code of Federal Regulations. VA updates this list regularly based on reports from the National Academy of Sciences, an independent research and education institution. Diseases Associated With Exposure to Agent Orange These are the diseases which VA currently presumes resulted from exposure to herbicides like Agent Orange. The law requires that some of these diseases be at least 10% disabling under VA’s rating regulations within a deadline that began to run the day you left Vietnam. If there is a deadline, it is listed in parentheses after the name of the disease. Chloracne or other acneform disease consistent with chloracne. (Must occur within one year of exposure to Agent Orange). Chronic Lymphocytic Leukemia Diabetes Mellitus, Type II Hodgkin’s disease. Multiple myeloma. Non-Hodgkin’s lymphoma. Acute and subacute peripheral neuropathy. (For purposes of this section, the term acute and subacute peripheral neuropathy means temporary peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.) Porphyria cutanea tarda. (Must occur within one year of exposure to Agent Orange). Prostate cancer. Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea). Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma). What Benefits Can My Family Get? Spina bifida birth defect In 1996, President Clinton and VA Secretary Jesse Brown asked Congress to pass legislation providing health care, monthly disability compensation, and vocational rehabilitation to the children of Vietnam veterans suffering from the serious birth defect spina bifida, which has been linked to the veterans’ exposure to Agent Orange. Congress passed the legislation, marking the first time our nation had ever compensated the children of veterans for a birth defect associated with their parent’s exposure to toxic chemicals during their military service. VA is now providing benefits to over 800 children, including minors and adults. Effective December 16, 2003, Congress authorized these benefits to children with spina bifida of certain veterans who served at or near the demilitarized zone in Korea between September 1, 1967 and August 31, 1971, because Agent Orange is known to have been sprayed in that area. Survivor Benefits Survivors of veterans (including spouses, children and dependent parents) who died as the result of a service-connected disease may be eligible for monthly Dependency and Indemnity Compensation benefits. These survivors may also be eligible for education, home loan and medical care benefits. How Can I Apply for VA Benefits? To apply for benefits, apply on-line or send the VA Regional Office a letter stating that you have a specific health problem and that you claim it is due to your exposure to Agent Orange while serving in Vietnam. This is called an informal claim and will set the effective date for your benefits payments, if your claim is granted. The VA Regional Office will then send you an application form, which you must fill out and return. To get the address of your VA Regional Office, call 1-800-827-1000. Can I Get a Representative to Advocate for Me? You may get a representative to help you present your claim to the VA. Most veterans service organizations and state and county veterans service agencies offer free representation. A listing of veterans service organizations is available on the Internet at: http://www1.va.gov/vso/. A listing of state veterans agencies is available on the Internet at: www.va.gov/partners/stateoffice/index.htm. What If My Claim is Denied? If the VA Regional Office says your disability is not service-connected or if the percentage of disability is lower than what you think is fair, you have the right to appeal to the Board of Veterans’ Appeals. The first step in appealing is to send the VA Regional Office a “Notice of Disagreement.” This Notice of Disagreement is a written statement saying that you “disagree” with the denial. Be sure your Notice includes the date of the VA’s denial letter and be sure to list the benefits you are still seeking. The Notice of Disagreement must be mailed to the VA Regional Office within one year of the VA Regional Office’s denial of your claim or you cannot appeal. In response to the Notice of Disagreement, you will get a “Statement of the Case” from the VA Regional Office. This will repeat the reasons stated in the VA’s denial letter why your claim was denied and will include the relevant VA regulations. Once you get the Statement of the Case, if you still wish to pursue your appeal, you should file a VA Form 9, “Appeal to Board Veterans’ Appeals,” which is sent to with the Statement of the Case. You have 60 days from the date on the Statement of the Case, or one year from the date the VA first denied your claim, to file the VA Form 9. Whichever date is later is your deadline. Can I Appeal Beyond the VA Regional Office? The Board of Veterans' Appeals (also known as "BVA") is a part of the VA, located in Washington, D.C. Members of the BVA review benefit claims decisions made by VA Regional Offices and issue a new decision. You may have a hearing before the BVA in Washington, DC or at your VA Regional Office. Anyone appealing to the BVA should read the "Understanding the Appeal Process" pamphlet. It explains the steps involved in filing an appeal and to serve as a reference for the terms and abbreviations used in the appeal process. The Board mails a copy of this pamphlet to anyone who appeals their case. It is also available on the Internet. Can I Appeal to a Court? If the BVA does not grant all the benefits you are seeking, you have four choices: decide not to pursue your claim 2. appeal to the U.S. Court of Appeals for Veterans Claims 3. ask the BVA to reconsider its decision or 4. reopen your case at the VA Regional Office with new and material evidence. Appeal to the Court You may appeal to the Court only if BVA has denied some or all of your benefits. You may not appeal a BVA decision to remand your claim back to the VA Regional Office. You must file your appeal by mail or by fax. Send your name, address, phone number, and the date of the BVA decision to: Clerk of the Court U.S. Court of Appeals for Veterans Claims 625 Indiana Avenue NW Washington DC 20004 Fax number: (202) 501-5848 To get a list of veterans’ representatives who practice at the Court, and for more information on the Court, see the Court’s web site at http://www.vetapp.uscourts.gov/AboutCourt/HowToAppeal.asp. This list is also available by calling the Court at 1-800-869-8654. Ask BVA to reconsider The BVA will reconsider its denial decision, if it finds an “obvious error of fact or law” in that decision. Such a request should be sent to the BVA. Reopen your case If you can get additional evidence that is both new and material, you can reopen your claim at the VA Regional Office and get a new decision. What If I Served in Vietnam and Have a Disease Not on VA’s List If you served in Vietnam and believe that you have a disease caused by herbicide exposure, but that disease is not on VA’s list of diseases associated with herbicides like Agent Orange, you may still apply for service-connection. Such a veteran needs to establish entitlement to service connection on a “direct” (rather than “presumptive”) basis. In these cases, VA requires: competent medical evidence of a current disability; competent evidence of exposure to an herbicide in Vietnam; and competent medical evidence of a nexus (causal relationship) between the herbicide exposure and the current disability. What If I Was Exposed to an Herbicide Outside Vietnam? Herbicides were used by the U.S. military to defoliate military facilities in the U.S. and in other countries as far back as the 1950s. Even if you did not serve in Vietnam, you can still apply for service-connected benefits if you were exposed to an herbicide while in the military which you believe caused your disease or injury. If you have a disease which is on the list of diseases which VA recognizes as being associated with Agent Orange, the VA requires: a medical diagnosis of a disease which VA recognizes as being associated with Agent Orange (listed below), competent evidence of exposure to a chemical contained in one of the herbicides used in Vietnam (2,4-D; 2,4,5-T and its contaminant TCDD; cacodylic acid; or picloram), and competent medical evidence that the disease began within the deadline for that disease (if any). If you have a disease which is not on the list of diseases which VA recognizes as being associated with Agent Orange, VA requires: competent medical evidence of a current disability; competent evidence of exposure to an herbicide during military service; and competent medical evidence of a nexus (causal relationship) between the herbicide exposure and the current disability. VA Medical Care Even if you decide not to file a claim for VA compensation benefits based on Agent Orange, you can still get a free physical examination at the nearest VA Medical Center. This is called the Agent Orange Registry Exam. This exam consists of four parts: an exposure history, a medical history, laboratory tests and a physical exam of those body systems most commonly affected by toxic chemicals. This exam might detect diseases which can be treated more effectively the earlier they are diagnosed. You may also be entitled to free ongoing medical treatment at a VA medical facility. Information on VA health care is available on the Internet at: www.va.gov/vbs/health/index.htm. A listing of all VA medical facilities is available on the Internet. Social Security Benefits The Social Security Administration (SSA) offers both disability insurance benefits and supplemental security income benefits. Veterans can receive both Social Security disability insurance benefits and VA disability compensation. (The supplemental security income benefit (SSI) is offset for VA pension or compensation.) Unlike VA compensation benefits that are measured in degrees of disability, SSA benefits require a total disability that will last at least one year. If you cannot work because of your disability, contact the nearest district office of SSA at 1-800-772-1213. SSA benefits information is available on the Internet at http://www.ssa.gov/. [ Next Thread | Previous Thread | Next Message | Previous Message ]

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[> Subject: Re: TAURA KING'S RESEARCH AND TVVET UPDATE

Author: bruce king (if you have a mailing list ,please put me on it...) [Edit]

Date Posted: 10:38:00 10/24/06 Tue >I AM COMING TO YOU TODAY, WITH EXCITING UPDATES. BOTH >TAURA KING'S GROUP AND THE TVVET GROUP, HAVE ADVANCED >OUR CAUSE. IT IS SUCH WONDERFUL NEWS, FOR ALL OF US. > > >I WILL BE SENDING UPDATES FROM DAVID ADAMS AND ALSO >TAURA KING. THIS WILL GIVE YOU AN IDEA, WHERE WE >STAND, AT THIS POINT. > >EVERYONE INVOLVED, WOULD LIKE TO THANK ALL OF YOU FOR >YOUR HELP. WITHOUT YOUR SUPPORT, WE WOULD NOT BE HERE >AT THIS TIME. REMEMBER THIS IS NOT FOR US, BUT FOR >ALL OF YOU. WE HAVE BEEN HONORED TO DO THIS. > >Author: Taura >I am trying to document all the locations our veterans >witnessed Air America at in Thailand--please contact >me if you have any knowledge on this subject. >Am working to shore up a few week points in the >research project and this is one of them--I have them >currently located in three places let me hear from >you. Thanks to all your efforts this project is >nearing it's completion and the new info collected >will be submitted to officials in the near >future--some of the evidence was submitted 2 months >ago additional evidence was added recently and this is >another request I have recieved from officials which >they want your in put on. Your statements make a >diference believe me--I have done this long enough to >know the power in the veterans testimonies--have no >doubt there are those listening. Taura > > >Author: Taura >Hi everyone--It has come time to announce the release >of our cd containing the Thailand evidence. Agent >Pinki and Green dating back to 1953--1964 and other >documents showing herbicides in Thailand up to 67. >I want to Thank Marilyn--she has helped to get the >info scanned and on to a cd. I will be looking it over >and adding additional info to the cd that has not been >added as of yet. I am in hopes I will be done with the >cd in the next two weeks. > >For those of you with additional evidence that you >believe could be of help to others which you would >like to see added to the cd feel free to forward it >and I will download it onto the cd. It currently has a >collection of compelling gov. documents. > >I would be interested in any soil reports or findings >relating to the environment. > >I also want to thank all the veterans for having >helped in this collection of info, my two buddies, Sue >and Ginny who have worked night and day with me on >several veterans projects with unreal devotion to our >veterans and their needs. Marilynn took on the job of >scanning inorder that I could scan other projects of >equal concern. > >All of you need to know that VA now has info and >conceedes that herbicides were present in 64-65--but >that is not enough for me nor for you--we are looking >to get this expanded and officially added to the law. > >Taura tdk4vets@cwnet.com > > > >TVVET > >Six months ago at a veteran's reunion three men and >myself decided to pursue the issue of the use of Agent >Orange in Thailand. On of the first things we did was >post a survey on the internet in hopes of reaching >those who have been effected by Agent Orange, remember >seeing defoliants used, or have specific evidence or >other compelling information. The response we received >was very positive. Some of the surveys were extremely >informative, others led us to different information >and other people. Many were heart breaking. We want to >thank all of you for your contribution to this effort, >and give you an update as to what happened with the >information you sent us. > >We completed a 150 page report that includes >documentation of Agent Orange testing in Thailand and >eyewitness testimonies from the surveys. Also Air >Force documents clearly referencing Operation Ranch >Hand missions being flown from at least 3 of the seven >air bases (NKP, Udorn, and Takhli). > >There was one other area of evidence that may prove to >the "smoking gun," and one we did not broadcast openly >out of concern that the information could disappear. >There were more than 500 Air Force Sentry and Patrol >dogs deployed to Thailand. They began arriving in >1968, and all but perhaps a dozen were destroyed in >the period of 1975-1976 when the U.S. let Thailand >after the fall of Saigon. As any dog handler from that >era knows, all dogs are given a necropsy (autopsy) >when they die regardless of the cause of death. >Everyone of those dogs that were destroyed were given >a very detailed necropsy. The purpose of the necropsy >is to have scientific information on the effects the >dog food, weather, parasites, and environment had on >the dogs. Those reports, which include studies of >fluid and tissue samples, still exist on microfilm. We >have asked Congress to conduct a study of those >necropsies, just as the necropsy reports on the dogs >that were in Vietnam were studied. We believe if >herbicides with dioxins were used on bases in Thailand >there will be evidence of it through the report of the >health conditions of those dogs at the point of their >death. After all, it was the perimeter of the bases >that were defoliated. and that is where the dogs and >their handlers worked. > >On April 30, 2005, the thirth anniversary of the end >of the war in Vietnam, we officially rolled the report >out and submitted it to the office of Congressman Lane >Evans, the Ranking member of the U.S. House of >Representatives Committee on Veterans Affairs. > >A word on the report, the file size is nearly 8,000 KB >and for that reason is not emailable. We are going to >try and find location on the internet where the report >can be posted for reading and/or downloading.As soon >as know if this is going to be feasible or not we will >let you know and where to find it. > >A WORD ON THE SURVEYS We could not use every survey in >the report, so we established a method of selecting >the ones used. >The prioritizing was as follows: > > 1) Testimonies that confirmed or were consistent >with other testimonies that were received from >veterans who served on different bases at >different times > > 2) Testimonies that matched Government >Documentation that we received > > 3) Testimonies that included seeing Agent Orange >barrels and or spraying it. > > 4) Testimonies that cited very detailed >information such as dates, squadron #s, descriptions >of what the dead ground cover was like to walk on > >We removed the home address, phone numbers, and email >addresses on every testimony that was used. > >Please understand that if your testimony/survey was >not used in the report it does not mean it did not >have value. Every survey we received back contributed >to this effort. Some pointed us in directions we never >thought of going to. We want you to be assured that >your efforts were not a waste of your time. All of >them made a valuable contribution. > > >Thank you so much, > >David F. Adams >TVVET > > >I WOULD LIKE TO THANK, DAVID ADAMS, BILL CUMMINGS, >JOHN HOMA AND MONTY MOORE, FOR ALLOWING ME THE HONOR >TO WORK WITH THEM, AS PART OF THE TVVET GROUP. > >THANK YOU'S, ALSO GO OUT TO TAURA KING, SUE AND GINNY, >FOR ASKING ME TO HELP WITH THEIR PROJECT. I AM VERY >HONORED LADIES. > >I WILL CONTINUE TO KEEP ALL OF YOU UPDATED, TO ANY >FURTHER DETAILS. > >BLESSINGS MARILYN OLIVER [ Post a Reply to This Message ]