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Agent Orange
And
VA Claims
- Introduction
- August 2022
- November 2020
- September 2020
- May 2015
- May 15, 2015
- Jan 2015
- September 2014
- June 2014
- February 2014
- January 2014
- October 2013
- December 2012 #1
- December 2012 #2
- December 2012 #3
Introduction
Many of our shipmates were exposed to Agent Orange during the Vietnam War. Others have other service connected health claims that need attention. This section is mostly about Agent Orange and getting support for VA claims. If you have some other illness attributed to your service, you can use parts of this to help in getting your claims through the Veterans Administration's cumbersome and confusing claims process.
August 2022
The note below was received from USS Canberra
Shipmate Terry Albright via email.
I suspect that most crew members are aware that the Canberra's deck logs for the second tour of VietNam in 1966, as well as in 1967, grants crew members "Presumption of Exposure" to Agent Orange. I was aboard for both of those WestPac's and I have 100% disability from the VA, all service connected. These illnesses started about 34 years after my time in VietNam and were treated and recorded by my private doctors. The VA ruled that these ailments were "more likely than not caused by exposure to agent orange”. They range from diabetes 2, coronary artery disease, periphery neuropathy, prostate cancer, etc. The “Presumption of Exposure” is the key as everything falls in to place once you have that. Contact me at Terrymalbright@gmail.com if you have any questions.
If you’ve been having trouble getting VA approval, contact Terry, he may be able to help you with it.
November 2020
VA Blue Water Agent Orange Claims
48% of Claims Received Since 1 JAN Completed
The U.S. Department of Veterans Affairs (VA) announced today it has decided more than 34,000 Blue Water Navy disability claims under the Blue Water Navy Vietnam Veterans Act of 2019 that became effective Jan. 1, 2020 which extends the presumption of exposure to herbicides such as Agent Orange to Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War.
As of 30 SEP, VA has processed 34,415 (48%) of 69,570 claims received, of which 24,328 (71%) have been granted - awarding more than $664 million in retroactive benefits to eligible Veterans and families. “It’s important we ensure Blue Water Navy Veterans and their families receive the benefits they’ve earned,” said VA Secretary Robert Wilkie. “As a result, VA will continue to get the word out via our social media channels, public service announcements and Veterans Service Organizations (VSO) to ensure every Veteran who is eligible applies as soon as possible.”
VA also collaborated with the National Archives and Records Administration to digitize all Navy and Coast Guard deck logs for ships with known Vietnam service. Digitization of the Navy deck logs was completed in December 2019 and Coast Guard deck logs were completed this September. As part of the agreement, VA provided digital images of the deck logs to NARA to make them digitally available in the National Archives Catalog.
Veterans may contact inquire@nara.gov if the deck log they are seeking is not available in the National Archives Catalog. To learn more about Agent Orange exposure and VA disability compensation call 800-827-1000 for information.
[Source: VA News Release - October 26, 2020 ++]
September 2020
AGENT ORANGE UPDATE
I recently received the following e-mail. If you have any questions let me know. I have the Deck Log links and other info. Contact me if you want it sent to you or your VSO. It may take some time, depending on the number of requests. It will be sent via e-mail.
I am not sure if the Vietnam Era Canberra sailors are fully aware of enactment of the Blue Water Navy Vietnam Veterans Act of 2019 (Public Law 116-23). My guess is some are and perhaps many are not. Anyway, I will try to keep this message as short as possible.
I am a Blue Water Navy Vietnam Veteran having deployed twice with an aviation squadron aboard the aircraft carrier USS Ranger (CVA-61). Those two WestPac/Vietnam deployments were during periods Oct 68-May 69 and Oct 69-Jun 70.
I’m writing to offer your association some relevant information that will be helpful to those Canberra sailors who sadly have one or more of the medical conditions recognized by the Department of Veterans Affairs (VA) as linked to exposure to tactical herbicides including Agent Orange during their service aboard a Navy ship in the waters off the coast of the former Republic of Vietnam (RVN). Public Law 116-23 (copy attached) provides presumptive herbicide exposure disability benefits to those sailors that meet the eligibility requirements specified in the law.
In general, a sailor needs to establish three elements to qualify for presumptive exposure benefits under Public Law 116-23 which are: (1) time of service, (2) location of service, and (3) having/had specified medical conditions. For presumptive herbicide exposure claims, the VA has a duty to assist and generally provides a lot of the documents and records to substantiate a claim. The VA has also undertaken a project to scan all of the deck logs available for ships that served in the Southeast Theater of Operations during the Vietnam War. However, the information I am providing with this message includes “links" to the digital deck log copies of the Canberra that covers the periods that the Canberra and crew were awarded the Armed Forces Expeditionary Medal for Vietnam Service and/or the Vietnam Service Medal. The deck log “links” will enable the Canberra veteran to locate the relevant ship deck logs for the seven five two nine periods he served aboard the Canberra off the coast of the RVN. Some veterans may not have the technical expertise or computer devices that will be needed to access the deck logs and to review those deck logs for ship positions that establish location within eligible RVN offshore waters. But someone in your association can probably assist with those efforts or the veteran may have a friend or family member that can help.
The deck log links referenced above can be found in the Microsoft Excel spreadsheet file that I have attached. So, this spreadsheet file should be downloaded from the email message and then someone who is familiar with the Excel computer application can open the file to view and use.
Finally, I want you to know that I am providing this information without any strings attached. I am a Navy Vietnam Veteran who worked with other veterans to gather this type of information and to share. During the past 2-3 years I have been doing this kind of work on a piecemeal, as needed basis. I am a hopeful that the information that I am providing will help some of the Canberra sailors in their efforts to obtain disability compensation benefits for presumptive herbicide exposure.
Here is a link to the VA web sight that offers some great information about Blue Water Navy benefits provided by Public Law 116-23. https://benefits.va.gov/benefits/blue-water-navy.asp
May 2015
From the VFW Website: http://www.vfw.org/NVS/ Filing a VA Claim
As the largest organization of combat veterans, the VFW understands the frustrations that can arise when filing a claim with the Department of Veterans Affairs. The claims process can be confusing and one that service members and veterans shouldn't try to navigate alone. That's why the VFW's National Veterans Service (NVS) was created. NVS consists of a nationwide network of service officers who are experts in dealing with the claims process and help thousands of veterans cut through the bureaucratic red tape every year. They are the key to success, recovering approximately $1 billion in earned benefits and compensation for veterans each year. VFW Service Officers are trained experts, helping veterans develop their case with ease by reviewing and applying current law, pertinent legislation, regulations and medical histories. As skilled professionals, they assist in filing for disability compensation, rehabilitation and education programs, pension and death benefits, and employment and training programs. Furthermore, they won’t hesitate to request hearings before the VA and the Board of Veterans Appeals to present oral arguments when needed. VFW Service Officers are with America's veterans every step of the way once they're ready to file a claim. This is a service the VFW is proud to offer--free of charge--to anyone seeking assistance with the claims process. It's a service our veterans have earned and deserve.
VFW SERVICE OFFICER RESPONSIBILITIES INCLUDE:
- Offer research and advice to veterans who wish to handle their own claims.
- Assist veterans who are filing original claims for compensation and/or pension with the Department of Veterans Affairs and complete the required VA forms on behalf of the claimant.
- Assist veterans in reopening claims for service-connected disabilities and complete the required VA forms.
- Follow up on status of claims filed by veterans with the VA Regional Office.
- File Notice of Disagreement with the VA Regional Office if a veteran believes the decision made by the VA was incorrect.
- Review statements of the case from the VA regarding denials of claim and assist veterans with the preparation of responses.
- Assist veterans or surviving spouses in the preparation of appeals for denial of claims and file the appeals with the local VA Regional Office for forwarding to the Board of Veterans Appeals in Washington, D.C.
- Complete VA Forms other than for original claims.
- Answer/research telephone inquiries regarding medical, death/burial and other miscellaneous benefits.
May 15, 2015
Agent Orange Update: From the 15 May 2015 RAO Bulletin
The Court of Appeals for Veteran Claims has made a landmark ruling that will help many Navy and Coast Guard vets who have been classified as Blue Water Sailors. The case was Gray vs McDonald and was decided on April 24, 2015. This will greatly benefit many Vietnam Navy veterans effected by Agent Orange. In it they declared that the Harbors of Danang, Cam Ranh Bay and Vung Tau must now be classified Brown water instead of Blue water. Basically the court said these ports were classified as deep-water, but should have been classified as being in the spray area and not by the fact that large vessels could enter them. The VA must now declare all vessels that entered these harbors as dioxin (AO) exposed and compensate the sailors on them that have presumptive diseases that are recognized as having their genesis in AO exposure. In regard to service in mouth of rivers, such as minesweepers, the court said that even the VA Secretary declared that there is no definite boundaries of a river mouths, therefore they cannot just make a decision by “flipping a coin” as to what vessels were exposed and which were not. The court further stated that inland water service cannot be limited to the ships that are on their “official” ship’s list. The emphasis should be on the likelihood of exposure to herbicide and that the fact that a large river’s brown water plume can extend far out to sea. It stated that the use of “mouth” and “borders” around Vietnam may extend well beyond the physical land mass of a river and the VA’s current interpretation of the code of Federal Regulations that cover this area are “arbitrary and capricious”. To put the icing on the cake, the court ruled that the VA’s reliance on the IOM’s (Institute of Medicine) 2011 report on dioxin exposure is unacceptable because the IOM was “too general and inconclusive in nature”. This means that the VA’s rating system cannot conclusively contend that some offshore vessels were NOT contaminated by AO. Finally, the court ordered the VA to redraw its lines and rules as to what are the proper boundaries and “exercise its fair and considered judgment to define inland waterways in a manner consistent with the regulations with emphasis on the probability of exposure”. In essence they said the present methods are patently unfair. This ruling should bode well for sailors and Coast Guardsmen who sailed and flew into areas that should have been considered contaminated long ago. However, for all vets who may have a claim in the works, the regulations are going to have to be promulgated by the VA and they must decide if they wish to honor past claims as they may look at this as new rules that did not apply when the original case was denied. The VA can be very obtuse about how they honor a change of the code of Federal Regulations. They also have a right to appeal this to the U.S. District Court, but that is very doubtful.
www.veteransresources.org/wp-content/uploads/2015/05/Bulletin-150515-PDF-Edition.pdf
Jan 2015
Veterans Administration
Good Morning Friends;
I just wanted to take this opportunity to thank each of you for your kind support in my endeavor to have the Veterans Administration accept my claim for prostate cancer and open the channels that may be needed later in regard to my health. It was approved after appealing their first decision and I credit that decision to approve my claims on your willingness to back me up with letters stating your knowledge that my claim to them was based in fact and in line with their requirements to prove my eligibility. I can't thank you enough and as I am sure that you know that even though I hope you never need me to do the same for you, that I am perfectly willing to do so. I also want to thank other veterans and veteran organizations who have paved the way with proof using deck logs and personal witness. The USS Canberra veterans group has been very beneficial to me as Ken Minick and others has exerted a lot of effort to keep these issues on the websites and update us whenever possible. I am not experiencing cancer presently and have been getting good reports from my physicals, but I felt it important to be ready in the event that it were to recur.
Again, thanks for your help and to those too numerous too mention by name who have fought the good fight on behalf of veterans everywhere. In the event that this is read by the spouse please pass it along to my brothers with my deepest love and respect.
Kenny Vaden Sr,
123 W Lake Villa Blvd.
Dickson, Tn 37055
September 2014
I am pleased to inform you that the Department of Veterans Affairs has added April 1965 to those dates already specified for the USS Canberra on the list of ships associated with service in the waters of Vietnam and potential Agent Orange exposure.
My coworker, Brian Lueth, worked closely with some of you on obtaining the information necessary for Congressman Ribble to make the request to the VA. Thank you for your help!
Please see the attached letter, and share with those who will benefit.
Best wishes,
Kerry Niemcek Skaleski
Office of Congressman Reid Ribble WI 8
June 2014 (Summer 2014 Newsletter)
Request for Documentation of Early 1965 Cruise to DaNang Harbor
Congressman Reid Ribble is assisting constituent and USS Canberra sailor Wayne Damp and others who served in establishing that the USS Canberra entered Vietnam’s inland waterways on a number of occasions in March and April 1965.
Currently, deck logs from April 9 reference sailing “in the vicinity of ‘Cape Tourane’” and disembarking a Commander Ackerman. A reference is also made on April 15, 1965 to commence “maneuvering at various courses and speeds to enter DaNang Bay, Vietnam.”
Congressman Ribble has previously worked with Vietnam Navy Veterans to coordinate deck logs and veteran testimonials and was successful in having another vessel – the USS Gurke -- added to the Department of Veterans Affairs (VA) registry for Agent Orange benefit purposes.
Our office respectfully requests documentation, including but not limited to recollections or photos of the USS Canberra sailors’ experiences in and around DaNang Harbor.
Please feel free to forward items to:
Congressman Reid Ribble
550 N. Military Ave., Suite 4B
Green Bay, WI 54303
Or email them to kerry.niemcek@mail.house.gov
If you have questions, please feel free to call Kerry in the Green Bay office at 920-471-1950.
February 2014 (Spring 2014 Newsletter)
Agent Orange Update for Sept 1968 to Jan 1969 WestPac Cruise
This message was received from shipmate Bob Wiltse on January 29, 2014. Bob was a BM-3 in 3rd Division.
My name is Bob Wiltse. I served aboard the U.S.S. Canberra CAG-2 (CA-70) from September 1968 thru February 1970. I was a crewmember for the '68 WestPac cruise to the gun Line off the coast of Vietnam. The U.S.S. Canberra departed San Diego, CA on September 5, 1968 for Naval Support Combat duty from Hoi An, South Vietnam to Hon Mott and Haiphong, North Vietnam.
Over the past 5 – 6 years I have consistently and diligently fought the hard fight with the VA over my Prostate Cancer claim and now have been granted "Military Service Connection for Prostate Cancer and ED" as I was able to prove through a lot of hard work and validate to the VA that the Canberra did indeed enter Vietnam's Inland Waterways at Longitude – (16*- 54.2'N by Latitude – 107* -11.0'E) on Dec 10th, 1968 for an H & I (8" - .55 Cal) Fire support mission on a VC occupied area for the 3rd U.S. Marines just north of Cua Viet, South Vietnam along the "Song Thach Hai River".
VA DRO's 12/23/2013 Decision:
"Based on the Deck Logs from the U.S.S. Canberra from December 10, 1968 that listed that the ship was at 16°-54.2'N by 107°-11.0'E. The latitude and longitude coordinates puts the ship on the Vietnam inland waterways. Therefore exposure to Agent Orange has been conceded."
It is my intention today to provide to all of you that served on the U.S.S. Canberra CAG-2 (CA-70) for that ’68 tour of duty on the gun line off the coast of Vietnam from September 5, 1968 thru January 6, 1969, the assistance you require and only the evidence that you will need to connect the dots for the VA and successfully bring your claim for any of the diseases from the “Presumptive List” to closure.
I have prepared in a PDF format the necessary documents to immediately begin to assist those crew members of the 1,122 that were onboard on that date and are still alive or their spouses, if the Veteran has passed away. I submitted this evidence to the VA.GOV A/O Orange Ships list on 1/10/2014 and on 1/28/2014, the U.S.S. Canberra CAG-2 (CA-70) was “Officially” added & recognized - to the Agent Orange Ships list for the date of December 10th, 1968.
Here is the VA.GOV website that posts the Ships that the VA recognizes that you will need and their following response:
http://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp
Re: Fw: [EXTERNAL] Submission of Evidence - U.S.S. Canberra CA-70 - 12/10/1968 - Add to the A/O Ships List
Mr. Wiltse,
I have added the December 10, 1968, date to the other dates for the USS Canberra (CAG-2). This is based on evidence that “latitude 16 – longitude 107” is in the vicinity of the Cua Viet River, South of DaNang, as well as your deck logs showing that the ship encountered a US Army river dredge on that date. Additionally, I previously received the ship’s 1968 Command History, showing the ship provided medical assistance on December 9, 1968, to a LCM (Landing Craft, Mechanized), which was a small vessel generally used on the inland rivers. The weight of this evidence indicates inland waterway activity and is sufficient to add the new date.
USS Canberra (CAG-2) [Guided Missile Cruiser] operated on Saigon River from March 31 through April 1, 1966, on Mekong Delta Ham Luong River during January 15, 1967, and on Cua Viet River (Song Thach Han) during December 10, 1968.
Canberra (CAG-2) - Operated on Saigon River from March 31 through April 1, 1966, on Mekong Delta Ham Luong River during January 15, 1967, and on Cua Viet River (Song Thach Han) during December 10, 1968
If you have a pending claim for “any” disease or health issue that is currently on the “PRESUMPTIVE LIST” the addition of the U.S.S. Canberra CAG-2 (CA-70) to that list for the date of 12/10/1968 will now prove Military Service Connection to Agent Orange due to the Canberra did indeed enter an “Inland Waterway” on 12/10/1968.
If you have yet to file a claim for any of the Agent Orange “Presumptive List” diseases or health issues because it has been such an enormous task and process nightmare to get through with the VA, contact Ken at this website and he will forward your contact info to me and I will do everything I can based on my personal experience with the correct documents in hand to get you through the process...........successfully!
This evidence is now conclusive and validated by the VA.
Thank you for your service to this nation and remember to always help a fellow Veteran!
Bob Wiltse
Vietnam Veterans of America
Minnesota State Council
Legislative Committee Chairman For – H.R. 543 – The Blue Water Navy Veterans Act of 2013
January 2014 (www.usscanberra.com Guest Book)
USS Canberra & Agent Orange
There are about 15 diseases recognized by VA that were caused by Agent Orange.
Canberra sailors who served on cruises in Vietnam waters are qualified for VA benefits.
I was diagnosed with Prostate cancer about 5 years ago.
I was given a 40% disability.
If I can help any Canberra sailors please feel free to contact me.
Bill McEwen
Fishhunt4@charter.net
October 2013 (www.usscanberra.com Guest Book)
Agent Orange
Please contact your local DAV office for help filing your paperwork.
It took two years to be determined eligible, but all funds were retroactive back to the first time filed.
Please note that I was denied the first time, but my wife insisted that I not give up.
I say the same to each of you, pray and do not give up.
Bless you
John E Dorsey
USS Canberra 1961-65 and 1967-69
December 2012 #1
USS Canberra Winter 2012 Newsletter -
Agent Orange Update
The USS Canberra (CAG-2) operated on the Saigon River from March 31 through April 1, 1966, on the Cua Viet River during December 15, 1966, and on the Mekong Delta Ham Luong River during January 15, 1967.
For the purposes of VA compensation benefits, Veterans who served anywhere in Vietnam between January 9, 1962 and May 7, 1975 are presumed to have been exposed to herbicides, as specified in the Agent Orange Act of 1991. These Veterans do not need to show that they were exposed to Agent Orange or other herbicides in order to get disability compensation for diseases related to Agent Orange exposure.
Service in Vietnam means service on land in Vietnam or on the inland waterways of Vietnam. This includes Veterans who:Set foot in Vietnam. (This includes brief visits
ashore, such as when a ship docked to the shore of Vietnam or when a ship operated in Vietnam’s close coastal waters for extended periods and crew members went ashore, or smaller vessels from the ship went ashore with supplies or personnel.
The Veteran further must provide a statement of personally going ashore.) Served on a ship while it operated on the inland waterways of Vietnam.
Blue Water Veterans are not presumed to have been exposed to Agent Orange or other herbicides unless they set foot in Vietnam or served aboard ships that operated on the inland waterways of Vietnam anytime between January 9, 1962 and May 7, 1975.
Note: Since the above was published, another date has been added to the above:
"Based on the Deck Logs from the U.S.S. Canberra from December 10, 1968 that listed that the ship was at 16°-54.2'N by 107°-11.0'E. The latitude and longitude coordinates puts the ship on the Vietnam inland waterways. Therefore exposure to Agent Orange has been conceded."
December 2012 #2
USS Canberra Winter 2012 Newsletter - Veterans of Foreign Wars - VFW National Veterans Service
As the largest organization of combat veterans, we understand the frustrations that can arise with making a VA claim. That’s why our National Veterans Service (NVS) was created. Our nationwide network of skilled VFW Veterans Service Officers helps you wade through all the bureaucratic red tape, offering you a better opportunity to get the disability claim you deserve.
You don’t even need to be a VFW member to take advantage of this free service.
As a veteran, this is a service you’ve earned.
Go to: http://www.vfw.org/NVS/
December 2012 #3
USS Canberra Winter 2012 Newsletter - The American Legion
http://www.legion.org/serviceofficers/214510/ask-service-officer-agent-orange-exposure
Q. How do I know if I have a claim for Agent Orange?
A. Many Vietnam War veterans are concerned that they have been exposed to Agent Orange, the chemical herbicide used to destroy jungle foliage in order to expose enemy troops. Public Law 107-103 provides a presumption of exposure to herbicides for all veterans who served in Vietnam during the Vietnam era. You do not have to prove you were sprayed or in an area that was sprayed if you served in Vietnam from Jan. 9, 1962, to May 7, 1975. However, before you begin to file a claim, you must have proof of service in Vietnam during the war time and medical documentation of the condition(s) officially recognized by VA.
The following is a list of diseases that VA recognizes as related to Agent Orange exposure:
- Peripheral neuropathy (acute and subacute)
- AL amyloidosis
- Chloracne
- Chronic B-cell leukemia
- Hodgkin's disease
- Ischemic heart disease
- Multiple myeloma
- Non-Hodgkin's lymphoma
- Parkinson's disease
- Porphyria cutanea tarda
- Prostate cancer
- Respiratory cancers (e.g., lung, larynx, trachea and bronchus)
- Soft tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma or mesothelioma)
- Type 2 diabetes
Learn more about the diseases: www.publichealth.va.gov/exposures/agentorange/diseases.asp
Vietnam veterans who were exposed to Agent Orange may be eligible for an Agent Orange registry health exam, health care benefits and disability compensation. Contact your local American Legion accredited service officer to discuss possible benefits and file a claim: www.legion.org/serviceofficers
Note: This was written in 2012. Other diseases may have been added!
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