Jan 28, 2009
Korean DMZ and other places herbicide victims
I have been asked what to do to include these men in the herbicide issues that VA continually denies in any AO Equity Bill.
There seems to be a group of about 180 men that are fighting for their benefits. Most of you may recall the fight I had over Tennessean David Hill a Korean DMZ Veteran and the despicable refusal of VA to include him for his looming death because of the time on a calendar when common sense and the medical and environmental facts presented would have sufficed for his award of compensations in any other court in this land. It is still simply mind boggling that his state and congressional district politicians did not fight for him but they did not. Including if VA used the same dates for civilians on the DMZ as congress has then David would have fallen in those inclusive calendar dates by years. Yet, still this despicable federal agency denied his death as service connected based on lies by VA and DOD.
As below:
TITLE 38 > PART II > CHAPTER 18 > SUBCHAPTER III > § 1821
§ 1821. Benefits for children of certain Korea service veterans born with spina bifida
(a) Benefits Authorized.— The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
(b) Spina Bifida Conditions Covered.— This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) Veteran of Covered Service in Korea.— For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who—
(1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and
(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.
(d) Herbicide Agent.— For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.
Now for Korean Veterans who served on or near the DMZ the inclusive dates are only from April 1968 to July 1969 of which VA enforces with a vengeance regardless of any half life data.
Clearly you can see the total lack of reason and logic here in these inclusive dates.
However, I am quite sure that someone in Congress, VA, DOD, or the media folks that refuse to report on these injustices can and will make sense of impossibility and it will be explained away. Also the Board of Veterans Appeals with their infinite wisdom I know for sure will have an answer for what is biologically implausible.
I also believe that most in the scientific community know that spina bifida is not the only resultant paternal dioxin birth defect but refuse to speak out due to federal DOD grants and such. Some actual practicing doctors have spoken out but congress only hears what it wants to hear. For this organ systemic toxic chemical to be a single specific birth defect target it would be a remarkable, unique in all of biology itself, toxic chemical indeed.
Oh and let us not forget that for civilian contractor workers that worked on or near the Korean DMZ their inclusive dates by congress are also from September 1, 1967, and ending on August 31, 1971. Simply amazing how military fatigues can double as environmental protection clothing as to not to be exposed.
I can only recommend to the Korean group the following:
· Gather your evidence of any value that shows when the first dates of spraying or dispensing of pellet form dioxin commenced.
· Gather you evidence of any value that shows the latest dates of spraying or dispensing of pellet form dioxin.
· This should include any evidence of the South Korean Army dispensing. (There is no doubt that our DOD would use that as a lie to congress saying they did not dispense anymore after a certain date or start before a certain date knowing full well the South Korean Army did indeed. But they would just not happen to mention that little detail.
· Gather as much information as you can on the known and published half life of dioxin, TCDD such as located at: http://www.epa.gov/safewater/dwh/t-soc/dioxin.html (1 to 3 years on the soil, in the soil up to 8 years, in the ground water up to 50 years before half life occurs)
· Organize your data in to chronology and common sense form and elect or appoint two or three good knowledgeable (knows all the subject matter) speakers to go to DC.
· Contact Congressman Filner and Senator Akaka’s offices for a set up appointment for at least one hour if you think it will take that amount of time to present your facts and evidence. Their time is on a schedule so it must be a concise briefing and to the point with evidence.
· Have your evidence not only on hand-out clear easy to follow form but also on CD to submit to the staff.
· Include all your evidence on the CD including .pdf files, evidence, statements of facts, sworn to statements of as many of the men that you can get and scan them in as to what they witnessed and the time line.
· Give examples of that during the briefing.
· Have all of your men contact their state and district politicians and inform them what you are doing and the injustice and demand support for the efforts.
Then sit back and wait…you have done about all you can do.
It is obvious VA is not going to rectify this horrible treatment of our Korean DMZ veterans and totally illogical stand on the issue so it must be the congress that recognizes the horrible treatment by VA and then remedies it with a bill or included in the equity bill.
Now I am convinced it was used prior to the dates given by the accounts of some of your men but I have no proof.
Obviously the dates are messed up and the lack of including any half life time period on a toxic chemical that is not degradable by the environment at all makes no sense except to DOD and VA and the board of veterans appeals.
I also found in 'just sort of convenient' that when they announced the dates for the Korean DMZ Veterans and admitted exposures DOD then gave approval for the finance center to destroy the pay records of these fellows so they would have no evidence of hazard duty pay for serving on the DMZ. Many folks do not realize it but we had men killed up there by small arms by the North Korean Army and nothing was done. I even wonder if DOD/VA considered that death as service connected.
Wishing the best of luck in your fight but that is the best I can recommend.
Kelley
and this other mess
This article was redone at the request of the original author and he did not send me a link to the original piece so the best I can do it so remove his writing
Mike,
I object to you posting my blog essay without permission and with no attribution. You have provided no link to the original, nor provided any clue that you did not write the piece. That is called plagiarism and is against the law.
I would appreciate it if you do not do that again, and post a clarifying piece indicating where the post came from and who wrote it.
I write a blog and there are things on that blog I want people to see. If you post my whole post then they won't see what I want them to see.
ATTN: Army Korean DMZ Vets from 1967-71
Here is that paragraph:
TITLE 38 > PART II > CHAPTER 18 > SUBCHAPTER III > § 1821
§ 1821. Benefits for children of certain Korea service veterans born with spina bifida
(a) Benefits Authorized.— The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
(b) Spina Bifida Conditions Covered.— This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) Veteran of Covered Service in Korea.— For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who—
(1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and
(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.
(d) Herbicide Agent.— For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.
Now, if they pay Spina Bifida benefits for the children of Veterans who served in or near the Korean DMZ from 9/1/1967 to 8/31/1971, then why are straight up AO benefits limited to those who served only from April, 1968 to July, 1969?
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I object to the 67-71 only dates as all know that the Agent Orange once it has been sprayed and disseminated into an area has a half life of 20-30 years, kids in Vietnam are still getting sick from the dioxins we spread there more than 40 years ago, I would think any veterans who served on or in the DMZ and drank water and ate vegetables from the fields around Freedom Village would be at risk for dioxin exposure from 1971 thru at least 1981 the contamination did not stop the last day they spread it, it is in the aquifer and soil and continues to reek havoc for years after use.
I received this e mail from the veterans group who wrote the article and if they had sent me a link to the original piece I would post the link, I publish news that pertains to veterans, I make no money off this blog and is for helping other veterans, I am sorry other veterans resent a one stop blog for news about veterans and active duty military items that are posted to benefit all, I could understand the anger if I was making money or asking for donations but because I educate, I am not sorry not one of the news agencies have ever objected tomy posting their articles or video's they provide since what I am doing is trying to help other veterans, not make any money for myself
Sunday, January 25, 2009
Kelley's thoughts on Army Korean DMZ Vets from 1967-71
