"Help Desk" @ VA ADMIN not helpful~I asked specifically "Does VA recognize Agent Orange as contribut

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LorettaMarshall
LorettaMarshall Member Posts: 662 Member
in Esophageal Cancer #1

Hello “Toni”

Actually this letter will suffice as an answer for “Jkmelch” and you, since you are posting on a topic forum which began with “Mrs. Botch.”  Regrettably both Barb’s husband died from his diagnosis of Esophageal Cancer, and then years later, Barb died suddenly without a previous hint of illness.  My husband and I were in touch with Barb on many different occasions during her husband’s illness, and for some time afterwards, either on the phone or one the web.  Since then I see that over 9,000 people have read her letter, but if anything positive has resulted in families’ efforts to have the VA recognize Agent Orange as a contributor to Esophageal Cancer, that publication has eluded me.  I want to see it IN PRINT!  I WANT TO SEE A DATE CERTAIN!  Then when a family writes in to say their relative died from Esophageal Cancer due to exposure to Agent Orange, I will have a definite point of reference for them.  So my comments that follow are just related to the disparities within the VA health system that cause many families much grief relative to “Agent Orange.  And so, for that reason I am placing my reply to you on a “separate topic forum” so that others in the future will know that as of the date of this letter, October 10, 2017, as far as I know, no specific publication has been issued relative to Esophageal Cancer which is “GASTRIC RELATED”.  It should not be classified as a “respiratory illness” as I was told this morning by a nice lady at the “HELP” desk! 

So consider this my best answer to both you and “Jkmelch.”  (You posted your remarks at this link:  https://csn.cancer.org/comment/1599667#comment-1599667) (Jkmelch posted her remarks here:  https://csn.cancer.org/comment/1595650#comment-1595650)  The saddest part of all this is that both of you are now facing the future without your life’s partners. 

May I say first that I am 78 years of age, and well remember the Vietnam War, and the disrespect with which our brave military people were treated when they “finally” returned home.  Sad to say, many of those who disrespected our flag and actively protested our country went on to “serve in politics”.  Who can forget “Hanoi Jane—certainly not me?  I still recognize her even with her most recent face lift!  Many of us have personally lost relatives in wars even previous to the Vietnam War.   I have always honored our military and our flag.  America is the greatest country on Earth and we indeed have been blessed by God.  (I will say that today as a nation it seems we have allowed “all types of Gods” to be our masters, and in my opinion, have strayed far from the original concept of a group of UNITED States (One nation under ONE God.)   From my childhood on, both my parents at home, and my teachers in school taught me to pay honor to all our military members who risked their very own life to keep us a free country. 

That said, all of us who have lost members of our family to wars are deeply offended when someone fails to see the significance of that sacrifice.  One of my uncles, Howard, served in the Army, and was killed only 8 days after he landed on the beaches of Normandy.  A US flag covered the coffin of another dear uncle Harry, Howard’s brother, who “made it safely back home.”  Harry also served honorably (USN) in World War II.”  I was unable to attend the funeral of my Uncle Howard, but I was able to go to pay last respects to my Uncle Harry.  He was proud of his service and his country.  We were, and still are, so proud of him.  When I grew up in the mountains of Ararat, Virginia, I never remember jets flying over that part of the country.  (Incidentally Oceana (largest jet base on the East Coast) is nearby, and I LOVE JET NOISE!  Thank God for those pilots!)

However, by the time I returned to visit relatives as an adult, obviously there were lots of new flight paths, and the mountains in that area were no exception.  I say all that to say this.  The playing of TAPS was so moving.  As I listened to the solemn notes, memories flooded my mind of Uncle Harry and all that he meant to our family.  And then “out of the blue” 7 jets came roaring over the mountain top leaving white vapor streaks.  I was filming the whole funeral service and caught it all on tape.  It was a magnificent site.  It wasn’t part of the “program” but since my Uncle was a Christian, it was as though, God orchestrated the “fly over” to say, “Well done thou good and faithful servant.”  And indeed Uncle Harry served his country admirably, and his Lord faithfully.  That was the most memorable of all the funeral services I’ve attended.  To me it represented the best of “God and country!”

And so, I say, as the wife of an Esophageal Cancer Survivor and I speak for my husband as well,  we are always grieved every time we learn of another person who has died from the ravages of Esophageal Cancer.  Then as if the family hasn’t suffered enough, to be denied benefits from the Veterans’ Administration because Agent Orange associated with the Vietnam War has not been definitively acknowledged as a contributor or a contributing factor in Esophageal Cancer is the ultimate insult.  We are hoping that this discrepancy will be rectified and clarified, and many military families will not have to “battle the government” to receive the honors that person deserves.  Military families sacrifice a great deal to serve our country.  You certainly deserve a lot more than a 10% military discount on items you purchase at the store! 

So below my name you will find a list of links that may help clarify what you need to know.  (They have not clarified anything for me though.)  In past conversations when I have spoken to someone associated with the VA about Agent Orange, I’ve been told, “You can always file an appeal.”  And I say that the families are already grieving over the loss of their loved one, and they aren’t especially looking forward to getting “tied up in a lot of red tape” to only learn at the end, that this benefit is not applicable to their situation.  So while I wish I could give you a definitive “Heads Up—go ahead—all systems will be go” I am skeptical.  If it were me filing the claim, I would not go to all the trouble that the government will require, UNTIL I had been GUARANTEED that all I needed to do would be to file the claim, and it would be ACCEPTED AS VALID and HONORED.  What more can I say?

And may I just say, upfront, that my best suggestion would be to write or call your personal senator from your state.  They seem to be “resting on their laurels.”  I would explain the situation and request that they intercede on your behalf.  We’ve been hearing so much about revamping the VA and making it more “hospitable” for the veterans it is supposed to be helping, surely the Senator will be able to readily “intercede” on your behalf.  I am not just kidding.  So here is a link that I would start with to contact your senators.  Hopefully it will be a “shortcut” to the maze of “useless” jargon abouit Agent Orange.  I think we know enough about that—what is being done to help those exposed to it?—is the question we want answered. 

This morning (Tuesday – October 10, ’17) I spoke with a VA representative named Teresa that “assured me that if you filed the papers for your husband, that he would qualify for benefits.”  She said that it would be covered under respiratory benefits.  Personally, of that “I am not so sure.”  But remember, I don’t speak for the VA.  I just know of times in the past when Agent Orange was not recognized as a cause of Esophageal Cancer and as of January 30, according to a reporter I spoke with who writes for the “Military Times”, Esophageal cancer was still NOT on the list!  Note my letter to “Mike” in reference 1.    And I still have had no one who can give me a specific point in time as to when Agent Orange was “officially” acknowledged as being a contributing factor to Esophageal Cancer.    

So this letter is being sent to you with “mixed emotions” shall I say?  We appreciate your family’s sacrifices.   We know your heart is broken, and we are sorry to have to meet under such stressful times for you.  And we wish you every success in life going forward which can never be quite complete without your precious husbands by your side.

Love & prayers,

Loretta (& William)

___________________________________________________________________ 

P.S.  Incidentally, I elected to take part in a survey that popped up on my screen as I was “wading” through the many “tangled tributaries” of the VA Administration.  Most of my responses on a scale of “1 to 10—one meaning very poor and 10 signifying excellence—rated a ONE!”  More than an hour later and a phone call have not left me with any valuable or viable information for you.  I especially liked the one that directed me to a page that indicated the “fund was closed in 1994” because they had spent all the money allocated to that fund!” 

So just thought you might like to know that this is how I answered the survey under a section for “OTHER”.  I was told to check as many blocks as were applicable as well as a space for “Other”.  So here goes: 

“Unsuccessful search both by phone & web to see if Agent Orange used during Vietnam War is now recognized as a cause of Esophageal Cancer.  I am a survivor of EC but many of my friends who served in Vietnam have died of Esophageal Cancer during the time Agent Orange was used!  EC is NOT specifically listed as a recognizable cause, and as such I am asked to "jump through hoops" and supply many medical documents just to ascertain my claim will be honored.  EC patients are already suffering untold agony and have no more "time to waste on dead end mazes through the jungle" reminiscent of time served in Vietnam!  This site is definitely NOT USER FRIENDLY!  Phone conversations have produced similar non-productive results--sorry to say!”  I also told them to eliminate many of the duplicative sites and put “real people” on the phone links that could give “real answers!”

_______________________________________________________________________ 

 

You might well begin by reading my response to MIKE written January 30, 2017.  It is quite lengthy and you can read it here.  Then you will understand that of all the places I “visited” today, I found nothing to say specifically that the VA has NOW acknowledged Agent Orange as a specific contributor to Esophageal Cancer. 

 

1.      https://csn.cancer.org/node/307698

 

“AGENT ORANGE~VA Administration DOES NOT LIST ESOPHAGEAL CANCER as a cancer caused by this herbicide! (01-30-17) See List…”

 

____________________________________________________ 

 

2.     https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp

[My note:  I called a “help line.” “Teresa” first pointed me to this page.  Then she said, “Look under Respiratory benefits.”  She said that “while EC wasn’t listed” she knew that claims had come in that were honored.  Since I knew that Esophageal Cancer is not classified as a “respiratory illness”, I didn’t press the point because she was insistent that it would be covered.  She couldn’t tell me “when it was listed as a recognizable cause of EC.  So I will tell you that while I “view information gleaned from my telephone conversation” with skepticism, if you are up to the task at this point, then “have a go” at it.]

……………………

“COMPENSATION

Veterans Exposed to Agent Orange

Veterans who were exposed to Agent Orange or other herbicides during military service may be eligible for a variety of VA benefits, including disability compensation for diseases associated with exposure. Your dependents and survivors also may be eligible for benefits.

 "Agent Orange" refers to a blend of tactical herbicides the U.S. military sprayed in the jungles of Vietnam and around the Korean demilitarized zone to remove trees and dense tropical foliage that provided enemy cover. Herbicides were also used by the U.S. military to defoliate military facilities in the U.S. and in other countries as far back as the 1950s.

 In addition, VA has determined there is evidence of exposure to Agent Orange for Air Force and Air Force Reserve members who served during the period 1969 through 1986 and regularly and repeatedly operated, maintained, or served onboard C-123 aircraft (known to have been used to spray an herbicide agent during the Vietnam era). For more information about service qualifications and other eligibility criteria, visit our Agent Orange C-123 web page.

 VA and federal law presumes that certain diseases are a result of exposure to these herbicides. This "presumptive policy" simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service.

A Veteran who believes he or she has a disease caused by Agent Orange exposure that is not one of the conditions listed below must show an actual connection between the disease and herbicide exposure during military service.

 Eligibility - Service in Vietnam or Korea

VA presumes that Veterans were exposed to Agent Orange or other herbicides if they served:

  • In Vietnam anytime between January 9, 1962 and May 7, 1975, including brief visits ashore or service aboard a ship that operated on the inland waterways of Vietnam
  • In or near the Korean demilitarized zone anytime between April 1, 1968 and August 31, 1971

If you fall into either category listed above, you do not have to show that you were exposed to Agent Orange to be eligible for disability compensation for diseases VA presumes are associated with it. Check the list of U.S. Navy and Coast Guard ships that operated in Vietnam to confirm whether your service aboard a ship allows VA to concede you were exposed to Agent Orange.

Eligibility - Service Outside of Vietnam or Korea

Even if you did not serve in Vietnam or the Korean demilitarized zone during the specified time periods, you can still apply for disability compensation if you were exposed to an herbicide while in the military and believe it led to the onset of a disease. This includes:

If eligible, you must prove that you were exposed to Agent Orange or other herbicides during your military service to be eligible for service-connection for disease VA presumes are related to Agent Orange exposure.

Exception: Blue Water Veterans with non-Hodgkin's lymphoma may be granted service-connection without showing inland waterway service or that they set foot in Vietnam. This is because VA also recognizes non-Hodgkin's lymphoma as related to service in Vietnam or the waters offshore of Vietnam during the Vietnam Era.

 Diseases Associated with Agent Orange

VA currently presumes that some diseases resulted from exposure to herbicides like Agent Orange. The Veterans Health Administration's Public Health website lists these diseases VA presumes are associated with exposure to Agent Orange or other herbicides during military service:

Evidence Needed

If you are seeking service connection for one of the diseases VA presumes is associated with exposure to herbicides during service, VA requires the following:

  • A medical diagnosis of a disease which VA recognizes as being associated with Agent Orange (listed above)
  • Competent evidence of
    • service in Vietnam or at or near the Korean demilitarized zone during the dates shown above, or
    • exposure to herbicides in a location other than the Vietnam or the Korean demilitarized zone.
    • Competent medical evidence that the disease began within the deadline (if any). (See 38 CFR 3.307(a) (6) (ii) for more information on deadlines.)

 If you believe that you have a disease caused by herbicide exposure, but that disease is not on the list of diseases associated with Agent Orange, you may still apply for service-connection. In these cases, VA requires all of the following:

  • Competent medical evidence of a current disability,
  • Competent medical evidence of an actual connection between herbicide exposure and the current disability, AND
  • Competent evidence of:
    • service in Vietnam or at or near the Korean demilitarized zone during the dates shown above, or
    • exposure to herbicides in a location other than Vietnam or the Korean demilitarized zone.

Compensation Benefit

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. You can view the current Compensation Rate Tables to determine the amount you may receive.

How to Apply

For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page.

More Information

Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/AOHelpline@vba.va.gov. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays).

_________________________________________________________________________

3.      https://www.publichealth.va.gov/exposures/agentorange/conditions/respiratory_cancers.asp

“Respiratory Cancers and Agent Orange

Veterans who develop respiratory cancer (lung, bronchus, larynx, or trachea) and were exposed to Agent Orange or other herbicides during military service do not have to prove a connection between their disease and service to be eligible to receive VA health care and disability compensation…”

______________________________________________________________________ 

4.      https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp

Veterans' Diseases Associated with Agent Orange

 VA assumes that certain diseases can be related to a Veteran's qualifying military service. We call these "presumptive diseases."

VA has recognized certain cancers and other health problems as presumptive diseases associated with exposure to Agent Orange or other herbicides during military service. Veterans and their survivors may be eligible for benefits for these diseases…”

_______________________________________________________________ 

 5.      http://www.nationalacademies.org/hmd/Reports/1994/Veterans-and-Agent-Orange-Health-Effects-of-Herbicides-Used-in-Vietnam.aspx

Veterans and Agent Orange: Health Effects of Herbicides Used in Vietnam

Released:

January 1, 1994…”

________________________________________________________

6.      https://www.va.gov/opa/contact.asp

Office of Public and Intergovernmental Affairs

Office of Media Relations Account List

If you are a Veteran or Veteran's family member and:

  • you have a medical emergency, please dial 911
  • you are in crisis, please dial, 1-800-273-8255
  • you are homeless, or about to become homeless, contact the National Call Center for Homeless Veterans at 1-877-424-3838
  • you have a Veterans health, benefits, or national cemeteries inquiry, please dial 1-800-827-1000 or go to the VA customer service web portal.
  • Or

 Consult the contact list from the Veterans Benefits Book

If you are a member of the public wanting to learn more about the Department of Veterans Affairs, please visit us on the web at www.va.gov...”

____________________________________________________________

7.      https://www.publichealth.va.gov/exposures/agentorange/index.asp

“Agent Orange

Agent Orange was a tactical herbicide used by the U.S. military from 1962 to 1975, named for the orange band around the storage barrel. The military sprayed millions of gallons of Agent Orange and other tactical herbicides on trees and vegetation during the Vietnam War. Veterans who may have been exposed to Agent Orange include Veterans who were in Vietnam, the Korean Demilitarized Zone, on Thai Air Force bases, and who flew on or worked on C-123 Aircraft. Several decades later, concerns about the health effects from these chemicals, including dioxin, a byproduct of Agent Orange production, continue.

VA offers eligible Veterans a free Agent Orange Registry health exam for possible long-term health problems related to exposure. VA also offers health care, disability compensation, and other benefits to eligible Veterans for certain disease conditions, as well as benefits for children of Vietnam Veterans who have spina bifida. Dependents and survivors may also be eligible for other benefits. …”  

_____________________________________________________________________________ 

8.      https://www.publichealth.va.gov/exposures/agentorange/research-studies.asp

“Research on Health Effects of Herbicide Exposure

Dioxin is a highly toxic substance found in Agent Orange and some other herbicides. Studies suggest that this chemical may be related to a number of cancers and other health effects in humans.

VA and other Federal Government Departments and agencies have and continue to conduct extensive research evaluating the health effects of Agent Orange exposure on U.S. Veterans.

VA epidemiology studies on Vietnam Veterans

 The Vietnam Era Health Retrospective Observational Study  is a nationwide study on the current health and well-being of Vietnam era Veterans. Researchers will compare their health to similarly aged U.S. residents who never served in the military.

The Army Chemical Corps Vietnam-Era Veterans Health Study is a study of 4,000 Veterans who served in the U.S. Army Chemical Corps sometime between 1965–1973 to determine if high blood pressure (hypertension) and chronic obstructive pulmonary disease (COPD) are related to Agent Orange exposure during Vietnam…”

_______________________________________________________________________ 

9.      https://www.benefits.va.gov/COMPENSATION/claims-postservice-agent_orange-settlement-settlementFund.asp

[My note:  I’ve gone round and round in circles and info at the bottom of this page reads as noted below.  When one notes just how the settlements were “dispersed”, one can understand why the VA doesn’t have a stellar reputation for prompt and efficient service, thus far.  Someone should have checked on how the money was distributed to the different organizations.  Hopefully, that is all now changing.]

“…The Payment Program operated over a period of 6 years, beginning, after appeals, in 1988 and concluding in 1994. During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each.

 The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation. Between 1989 and 1996 it distributed, through a series of Requests for Proposal, $74 million to 83 social services organizations throughout the United States. These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. During this period, these organizations assisted over 239,000 Vietnam Veterans and their families.

On September 27, 1997, the District Court ordered the Fund closed, its assets having been fully distributed.”

____________________End of the maze and back where I started…no specific answers_________

 

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