Posts Tagged ‘Vietnam veterans’

VA Completing Retroactive Review of Agent Orange Disability Claims

Monday, June 25th, 2012

The Department of Veterans Affairs (VA) recently reported a follow up to their 2010 announcement on three new conditions stemming from Agent Orange exposure to be listed as immediate consideration for veterans’ disability benefits. Vietnam veterans who suffer from ischemic heart disease, Parkinson’s disease, and several chronic B-cell leukemias are now presumed to have been exposed to the toxic herbicides used during the Vietnam War.

This amendment to the VA’s disability considerations stemmed from the Nehmer v. U.S. Department of Veterans Affairs case in California’s Northern District Court. Since the addition of the new conditions, the review of nearly 230,000 “Nehmer” cases has taken place, resulting in over 150,000 claims to be adjudicated.

With the bulk of the Agent Orange claim reviews over, VA Secretary Eric K. Shinseki has announced that as his department wraps up the remaining 500 or so cases that will benefit survivors of deceased Vietnam veterans, their manpower can now focus on helping the regular veterans’ disability claims backlog.

A task force of 1,200 VA employees that have been working on the Nehmer reviews  will now be refocused to help decrease the general claim backlog and help the VA reach its goal of claims reaching completion in 125 days with a 98% accuracy rating.

Vietnam veterans who have developed any of the three conditions recently approved for immediate consideration can file their claim with the VA’s fast track program. Qualifying for the special expedited consideration can be difficult without the right evidence, but a veterans’ disability attorney can help.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today  1-888-234-5758.

Disabled Vietnam Veterans – Logbooks Indicate Agent Orange was used in Okinawa

Wednesday, May 23rd, 2012

According to an article on Veterans Today, the latest additions to Agent Orange contaminant areas are military ports in Okinawa, Japan. Logbooks of vessels from the early 1960s that docked in these Okinawan ports have revealed that Agent Orange was secretly transported by merchant marine ships, such as the SS Schuyler Otis Bland, under the mission known as Project AGILE. The chemicals transported by this ship were eventually used in testing in the Panama Canal Zone.

More than 30 disabled Vietnam veterans suffering from serious health conditions consistent with dioxin-exposure have raised concerns about potential Agent Orange contamination. These veterans were stationed at 15 military bases in Okinawa, which has been claimed to still suffer after effects from dioxin use.

Vietnam veterans who were stationed in areas where the chemical herbicide Agent Orange was used are almost always immediately approved for service-connected disability pay when they develop certain disabling medical conditions. Many diseases such as diabetes, cancers, and skin conditions have been linked to exposure to Agent Orange.

Veterans advocates are helping to collect more records and information about Agent Orange use, during the Vietnam War, to determine more areas where veterans may have been exposed. This may help validate claims for disabled Vietnam veterans who have been diagnosed with unexplained health conditions.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veteran’s disability rights firm today  1-888-234-5758.

Black Veterans Have Particularly High Rates of PTSD

Thursday, June 23rd, 2011

Many of the problems Iraq and Afghanistan veterans are facing are the same problem Vietnam veterans faced. Suicide rates among Iraq and Afghanistan veterans are just as high as the rates among Vietnam Veterans and like Vietnam veterans, suicide has taken the lives of more soldiers than the wars themselves. Like Vietnam, veterans are returning with “invisible casualties” at rates nowhere near expected.

Living in an environment where it is not known from second to second if something will explode in front of them has led soldiers to suffer from combat trauma. That combat trauma often leads to suicides among military personnel and veterans. The current wars, which have been ongoing for 10 years, are taking heavy tolls on the mental health of all participating soldiers.

Sidney A. Lee is a veteran and activist and believes black soldiers are more likely to develop post-traumatic stress disorder (PTSD) than other soldiers as they are assigned to combat units in higher numbers than other soldiers. Because of the higher number of soldiers with PTSD, more black soldiers therefore take their own lives, according to Lee.

He further states black soldiers have “difficulty” scoring high on the tests that would grant them access a military occupational specialties (MOS) not associated with the front lines. He goes on to say although blacks were 11% of the U.S. population from 1965-1969, they made up 12% of all troops in Vietnam and had a 14.9% fatality rate.

Lee blames the Department of Veterans Affairs (VA) of neglecting the needs of black soldiers and highlights a recent lawsuit in which the plaintiffs highlight the VA’s poor care. According to Lee, black soldiers are being put in combat situations in greater numbers than they were in Vietnam, which is in turn resulting in more PTSD among their ranks.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today – 1-888-234-5758.

Veteran Claims To Have Buried Agent Orange Near Military Base

Tuesday, May 31st, 2011

The United States sprayed millions of gallons of Agent Orange over jungles in Vietnam. It was used to destroy vegetation so American troops could locate their enemies. Unfortunately for those exposed to the herbicide, it is likely the cause of multiple cancers, diseases, birth defects, and and nerve disorders. Now veterans are claiming to have buried Agent Orange outside a military base in the 1970s.

Following those claims, the U.S. military command in South Korea launched their own investigation. The veterans claim they were ordered to dig a ditch about as long as a city block outside Camp Carroll, South Korea.

In that ditch these veterans claim they were ordered to place approximately 250 55-gallon drums. The barrels were various colors, and some were labeled as containing “Compound Orange.”

Further, the veterans making the claims about burying the drums also declared the barrels were leaking. Those leaking barrels poured out all over their hands and they inhaled the fumes as they were “disposing” of the barrels.

The immediate concern is for those Koreans and Americans still living and working at and around Camp Carroll.  Of course, assurances are being made to properly dispose of anything harmful that may be discovered. Soil and water samples will be collected and tested. The veterans’ reports have been corroborated by other veterans.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

Vietnam Veterans Show High Rates Of Cancer

Friday, May 27th, 2011

Vietnam veterans have high rates of cancer related to Agent Orange (dioxin) exposure. Further, they are not getting the service-related benefits they deserve, and the Department of Veterans Affairs (VA), has failed to continuously report the numbers reflecting how many veterans have specific cancers. This has made it impossible to follow cancer rates in Vietnam veterans.

The rate at which veterans exposed to dioxin suffer from various forms of cancer is shocking. Veterans have contracted brain and pancreatic cancer at rates “5-7 times higher than the civilian populations.” Those same veterans test positive for lung cancer twice as much as other veterans who served in country.

There are no cancer registries specific to veterans, even with the VA. The VA is not required to report such instances of cancer to the national registry, and they do not report such numbers. This makes it impossible to accurately follow what types of cancer Vietnam veterans are developing, and which ones are related to Agent Orange exposure. Further, when the VA does report to the registry, those reports are often miscoded.

According to the VA, the miscoding as well as the underreporting are done to protect the privacy of the veteran-patients. The veterans are the ones suffering, however, as the VA’s actions likely end up preventing veterans from receiving their earned, service-related benefits.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

Agent Orange Claims Will Take Time To Pay

Tuesday, November 9th, 2010

Ischemic heart disease, Parkinson’s disease, and B-cell leukemia are the latest three diseases to be added to the Department of Veterans Affairs (VA) presumptive disease list. The Congressional review period for Agent Orange claims ended on October 30, 2010, with Congress deciding not to prevent the 3 diseases from being added to the presumptive list. Vietnam veterans were looking for their first compensation checks now that all roadblocks have been seemingly removed. Like everything with the VA, however, things take time.

The VA’s first payments did hit the mail last week, but claims based on those 3 most recently added diseases only amounted to approximately 1300 claims, totaling about $8 million. The issue has now become the length of time it is going to take the VA to figure out the complex subject matter of retroactive payments. If the VA’s current plan pans out, they will be issuing disability rating decisions and checks on a weekly basis. What they will not be doing, however, is issuing floods of checks at a time.

The VA plans on paying approximately 163,000 claims associated with these 3 diseases. Their current schedule has them processing and paying all of these claims by October, 2011. This isn’t exactly how veterans thought the payments were going to happen. Because of the VA’s computer system, they could  not assign a disability rating to any of the claims before that 60 day waiting period lapsed.

Not unexpectedly, the VA does not have all the information it needs to rate and process retroactive disability claims, some of which date back 25 years. They are also attempting to establish time lines for individual diseases and their progressions as ratings will be dependent on this information.

It is unclear how many claims will need this information, but the next year will likely be a very watched one as veterans and the VA will continue their battle over disability compensation payments, albeit on a new battlefield.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

Sec. Shinseki Defends Heart Disease Disability Benefits

Wednesday, October 6th, 2010

The Department of Veterans Affairs (VA) recently added new illnesses to their presumptive disease list. Heart disease is one of the newly added illnesses and the one that has taken the most criticism for being on the list. Heart disease’s place on the presumptive diseases list has been attacked because it is such a common disease and not one that is necessarily tied into exposure to Agent Orange.

VA Secretary Eric Shinseki, however, vehemently defends extending disability benefits to Vietnam veterans who developed heart disease. Shinseki’s defense is rooted in studies he claims demonstrate a definite link between heart disease and Agent Orange exposure.

Sec. Shinseki cited 9 studies the VA specifically examined. Of those 9, 6 of the studies illustrated links between Agent Orange and heart disease. These 6 studies more than suit the legal pre-requisites necessary to establish the link between the disease and the exposure and therefore qualify veterans for disability payments.

Many detractors are focusing on the cost of funding the veterans’ disability benefits. Sec. Shinseki, however, is bound by law to pay out disability benefits to veterans suffering from any disease scientifically proven to be cause by exposure to Agent Orange. Despite the concerns over the cost of the program, Sec. Shinseki claims his hands are tied.

On average, service members with these diseases will receive $1,000/month. Overall, the benefits will run the VA almost $67 billion over the 10 years. Some will always question the unknowns between heart disease and Agent Orange.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

Veterans Required to Show Scientific Proof of Disease

Monday, July 19th, 2010

Department of Veterans Affairs (VA) Secretary Eric Shinseki admitted during a visit to Salt Lake City that the government did not treat veterans’ exposure to Agent Orange during the Vietnam War as it should have. Veterans waited decades, and some are still waiting, for their various health conditions to be service-connected under VA standards to Agent Orange. While they wait, they are without the medical care and/or compensation they are owed in treating their condition.

At the same time, Secretary Shinseki stood by the VA’s policy of requiring proof of a disease before compensation. Per the VA’s policy, injured veterans must present “scientific” evidence supporting the connection between the exposure and the injury. Shinseki made a point to highlight the money the VA is currently spending researching service-related conditions Iraq and Afghanistan veterans are suffering from due to open-air burn pit exposure. At the same time, Shinseki reinforced the VA requiring “scientific” medical proof is required by law.

Under Shinseki, the VA continues to add to those conditions it recognizes as being caused by exposure to Agent Orange for which the VA compensates veterans. When pressed if the law requiring medical proof of the disease should change given how Vietnam veterans were treated, Shinseki refused to answer.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

New Agent Orange Disability Claims System Being Developed

Monday, May 24th, 2010

A short time ago the Department of Veterans Affairs (VA) added more diseases to the list of disabilities that will be recognized by the VA as being the result of exposure to Agent Orange. The VA can now expect thousands of new disability claims to require processing. The problem is, the VA’s disability claims system is already severely over burdened.

In order to handle the backlog issue, the VA is designing a claims processing network specifically for those Vietnam Veterans making claims related to Agent Orange. This new system will focus on simplified claims and will be the VA’s first fully automated disability claims processing system.

The Senate Appropriations Committee added $13.4 billion to cover the costs of the expected claims made in response to the VA’s new Agent Orange disability standards. VA Secretary Eric Shinseki expects the new Agent Orange standards to bring in over 200,000 disability claims in addition to the more than 1 million filed in 2009.

The new automated claims processing system is expected to usher in a new era in VA claims processing. The VA is very specific in what they want in their network. Their system must be able to process specific web-based forms. Additionally, the new system must be able to help the VA reduce their current backlog of unprocessed disability claims.

This is more than just something the VA is interested in building. The VA must have this system put in place. If the VA does not act immediately to rid themselves of their current backlog while efficiently dealing with the new claims pouring in they will find themselves at the bottom of an insurmountable mountain.

Learn more about the new Agent Orange disability claims processing system.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

Veterans Suing the DoD In Hopes Of Healthcare

Wednesday, February 3rd, 2010

Six veterans, in conjunction with the Vietnam Veterans of America and the Swords to Plowshares, filed a lawsuit against the Department of Defense (DoD), the Central Intelligence Agency (CIA) and the U.S. Army.

Between 1950 and 1976, the veterans claim they were part of government experiments at the Edgewood Arsenal in Edgewood, Maryland. Should the veterans win their case and be granted all they are asking, they will receive:

  • Health care for physical damages sustained as a result of the experiments; and
  • The ability to break their oaths of secrecy taken at the time of the experiments.

The plaintiffs claim the government used experimental drugs on them. As soldiers, they volunteered for a temporary duty assignment for which they were told they would be testing Army equipment such as protective masks and boots.

Following signing the waivers of confidentiality, the soldiers were informed they would be given different drugs and their reactions would be recorded. They were given an assurance they would not be given anything not previously given to other soldiers.

The second drug administered to one of the veterans was atropine. Atropine is an anti-cholinergic drug containing hallucinogenic properties. The two-and-a-half days of horror that followed consisted of:

  • Vivid hallucinations of animals coming out of walls;
  • Hearing voices calling his name when nobody was there; and
  • Attempting to gouge his skin with a razor to cut out his freckles, which he believed had turned into living bugs.

Upon discharge from the Army, veterans found themselves dealing with various new symptoms, including:

  • Problems with authority;
  • Claustrophobia;
  • Memory loss;
  • Anxiety disorders;
  • Breathing disorders; and
  • Heart problems.

Approximately 7,200 GIs participated in the drug testing at various facilities around the U.S. Of those, about 3,500 to 4,000 remain alive. This spring will see those veterans attempting to get certified as a “class” with those veterans still alive and interested. The lawsuit is still in its infancy, and there is still much to be done.

Learn more about experimental drugs being used on veterans

If you are a veteran who has been denied disability compensation by the VA, contact LaVan & Neidenberg. We can appeal your rating decision and fight for your rights. You are entitled to certain programs and benefits based upon your VA rating decision so contact our veterans disability rights firm today.