VA: Foot-dragging seen 04-03-2006 #8

VA ACCUSED OF FOOT-DRAGGING IN NOTIFYING "TEST VETS" -- VETERANS

EXPOSED TO CHEMICAL AND BIOLOGICAL AGENTS ARE STILL WAITING FOR

NOTIFICATION FROM THE VA -- WHY IS THIS? -- ONE VET SAYS: "THEY

REALLY DON'T WANT TO DO IT...IF YOU WAIT LONG ENOUGH,

WE'LL ALL BE DEAD."



VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 04-03-2006 #8



It's time for the VA to get off the dime and resolve this issue.

There is no reason for "Test Vets" to die while waiting.

Unless...that reason is money!

Story here... http://www.presstelegram.com/news/ci_3666200

Story below:

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VA: Foot-dragging seen

By Lisa Friedman, From our Washington bureau

WASHINGTON ? Thousands of former servicemen who volunteered for chemical and biological tests in the 1960s and 70s might have been exposed to highly toxic substances that could jeopardize their health, and the U.S. government is scrambling to locate them.

The new list of nearly 7,000 names provided last year to the Department of Veterans Affairs servicemen who allowed themselves to be exposed to a range of agents, from nerve gases to Tularemia significantly increases the number of veterans who could become eligible for disability benefits.

VA officials say they are working as quickly as possible to verify the identities of the servicemen and the agents to which they were exposed, and to send out notifications. But veterans' advocates and some members of Congress note the government took more than a decade to notify World War II personnel they'd been exposed to chemical tests, and they're already skeptical of the pace this time around.

"You want to believe that they're serious, but there is, from my perspective, a lack of trust," said Rep. Ted Strickland, D-Ohio, the leading Democrat on the House Veterans Affairs Oversight and Investigations Subcommittee. "I don't want to be cynical here, but quite often the strategy of the department may be to let time pass."

Years of tests

The United States has conducted chemical and biological tests since before the Civil War. During World War II which has been called the "unfought chemical war" both sides produced, yet never used, millions of tons of chemical weapons.

In the meantime, thousands of servicemen were used as subjects in the chemical defense research. Many tests continued through the 1970s.

Army historian Jeffrey Smart has spent the past 22 years at Aberdeen Proving Ground, formerly the Edgewood Arsenal, where many of the chemical tests particularly on protective equipment were conducted.

He said documents show the men knew they were participating in potentially dangerous tests, but not the specific agents being used.

Ken Jones of Riverside said he knew exactly what he was doing when he volunteered in 1954 to be among 2,300 subjects in a germ-warfare project known as Operation White Coat.

The studies, which ran from 1954 to 1973, used mostly Seventh-day Adventist draftees like Jones whose religious beliefs discouraged combat and who were instead given the option of serving as human test volunteers.

While many veterans later said they felt pressured to sign the consent forms, Jones said he never felt coerced.

'Eight Ball'

He can still recall the day he and two other men exchanged their fatigues for scrubs and entered the fabled "Eight Ball" at Fort Detrick, Md. a 1-million-liter test sphere used to study static microbial aerosols and strapped on gas masks before breathing in Q-fever for about five minutes.

"I'm not going to be out on the streets protesting, because I feel like what I did was a benefit to humanity," Jones said, noting that the tests helped the government develop hazmat suits, gas masks and vaccines.

Jones went into quarantine for 17 days and says he never developed health problems from the experience. Many others did, though, and Jones thinks the government should help those veterans.

House Veterans Affairs Committee aide Len Sistek said that's the goal of notifying veterans. The new list his staff provided to the government includes the names of military personnel who underwent testing at Fort Detrick; Edgewood Arsenal, now known as Aberdeen Proving Ground in Maryland; and Dougway Proving Ground in Utah.

"There's been a sea change in how America perceives this stuff," he said. "Whoever allowed the bad guy to get ahead of them with chemical or biological weaponry was at a huge disadvantage on the battlefield. It was part of the war effort."

Still, he and others argued, the government has a responsibility to provide benefits to those who did experience health problems.

"When you sign on the dotted line, you sign up for a broad spectrum of risks. But just because you were a volunteer does not mean America doesn't have a duty to you."

VA concerned

Leaders at the Department of Veterans Affairs said they agree.

"Obviously we're concerned, and we want to provide outreach to anyone who may have been harmed by toxic chemical tests," said Thomas Pamperin, VA assistant director for policy.

He and Kim Tibbitts, the agency's assistant director for procedures for compensation and pension services, said they first have to determine who the servicemen are and what agents they were exposed to. Many names on the list, Tibbitts said, include only a name but no Social Security number, and identify chemicals by codes that must be tracked down with the Department of Defense.

From there, he said, the agency plans to use personnel records and address locating services to determine if the serviceman is still living, or has surviving relatives.

In the notification letters, Pamperin said, veterans will be told the chemical they were exposed to and the dosage, and be encouraged to seek hospital tests to determine if they suffered related injuries.

"If and, hopefully, none of them have been harmed they will receive the kind of compensation they're entitled to," Pamperin said.

Rick Weidman of the Vietnam Veterans of America accused the VA of dragging its feet.

"The VA is incredibly slow," he said. "They don't really want to do it. They will screw around with that list for a year or longer, and then they'll say they cannot find a lot of the veterans. If you wait long enough, we'll all be dead."

Notices coming

Pamperin strongly disputed the criticisms.

"I understand that some frustrated veterans believe that to be true," he said. "Our responsibility is to implement (veterans' benefits) to the full extent Congress has authorized it, without regard to how much is spent," he said.

Noting that over the past five years about 200,000 veterans have successfully sought compensation, he said, "I am unaware of anyone who has been formally or informally been telling us to slow down our ratings to save money."

Pamperin and Tibbitts said even if all 7,000 people on the new list apply for and obtain benefits, that's still a drop in the bucket compared with the 825,000 disability determinations it handles.

The agency is expected to start notifying the first 1,000 veterans on the list by July, according to the committee.

"It's just incumbent upon the department to find out and put this thing behind us," Strickland said. "It is going to take resources and effort, but it's something that needs to be done."

The Veterans Administration help line is (800) 749-8387.

Lisa Friedman can be reached at (202) 662-8731.

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If you notice the date almost 3 years ago, then maybe the lawsuit filed this week makes sense........Morrison & Foerster Files Suit Against CIA, DoD, and U.S. Army on Behalf of Troops Exposed to Testing of Chemical and Biological Weapons at Edgewood Arsenal and Other Top Secret Sites 01/07/2009
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Press Conference: Wednesday, January 7, 2009, 10 a.m. PST, located at Morrison & Foerster LLP, 425 Market Street, San Francisco, CA. Press may also dial in to listen at 1-800-919-8049.

What: Complaint Filed—Vietnam Veterans of America, et al. v. CIA, et al.

Where: United States District Court, Northern District of California

SAN FRANCISCO (January 7, 2009) – Attorneys at Morrison & Foerster LLP have filed an unprecedented action against the Defense Department, the CIA, and other government institutions based upon failures to care for those veterans who “volunteered” in thousands of secret experiments to test toxic chemical and biological substances under code names such as MKULTRA. The new case comes on the heels of an earlier case the firm filed on behalf of veterans afflicted with Post-Traumatic Stress Disorder (“PTSD”), which is now pending in the Ninth Circuit Court of Appeals. The firm is handling both cases on a pro bono basis.

The current action was brought in U.S. District Court, Northern District of California, on behalf of the Vietnam Veterans of America and six aging veterans with multiple diseases and ailments tied to a diabolical and secret testing program, whereby U.S. military personnel were deliberately exposed, by government and military agencies, to chemical and biological weapons and other toxins without informed consent. This multifaceted research program, which was launched in the early 1950s and continued through at least 1976, was conducted not only at the Edgewood Arsenal and Fort Detrick, Maryland, but also across America by universities and hospitals under contract to Defendants.

Defendants include the CIA, the Department of the Army, the Department of Defense (“DoD”), and various government officials responsible for these agencies. The CIA secretly provided financing, personnel, and direction for the experiments, which were mainly conducted or contracted by the Army.

Plaintiffs seek declaratory and injunctive relief only – no monetary damages – and Plaintiffs seek redress for 25 years of diabolical experiments followed by over 30 years of neglect, including:


the use of troops to test nerve gas, psychochemicals, and thousands of other toxic chemical or biological substances, and perhaps most gruesomely, the insertion of septal implants in the brains of subjects in a ghastly series of mind control experiments that went awry, leaving many civilian and military subjects with permanent disabilities;
the failure to secure informed consent and other widespread failures to follow the precepts of U.S. and international law regarding the use of human subjects, including the 1953 Wilson Directive and the Nuremberg Code;
an almost fanatical refusal by the DoD, the CIA, and the Army to satisfy their legal and moral obligations to locate the victims of their gruesome experiments or to provide health care or compensation to them;
the deliberate destruction by the CIA of evidence and files documenting its illegal actions, actions which were punctuated by fraud, deception, and a callous disregard for the value of human life.
The Complaint asks the Court to determine that Defendants’ actions were illegal and that Defendants have a duty to notify all victims and to provide them with health care going forward.

According to Gordon P. Erspamer, a litigation partner in Morrison & Foerster’s San Francisco office, “Until this case is concluded, and all the victims are found and made whole, we cannot put behind us this sad chapter in American history when the government exploited the very citizens, both civilian and military, that it was supposed to protect.”

Vietnam Veterans of America’s President John Rowan commented, “Over 30 years ago, the government promised to locate the victims of the MKULTRA experiments and to take care of their needs. It now is painfully obvious that what it really wants is for the victims to just quietly die off while the government takes baby steps. VVA cannot leave these veterans behind.”

For further information, please contact lead counsel for Plaintiffs, Gordon P. Erspamer, 415-268-6411, GErspamer@mofo.com. Additionally, you may contact the following Plaintiffs: Vietnam Veterans of America, 800-882-1316 (John Rowan, jrowan@vva.org); Eric P. Muth, 203‑874‑4595, emuth@sbcglobal.net; Wray C. Forrest, 719‑635‑9086, FaronYoung2@netscape.com; David Dufrane, 518-546-7870, ddufrane@nycap.rr.com; and Franklin D. Rochelle, 910‑346‑5484. Bruce Price is available by special arrangement with counsel. The complaint can be viewed at

Edgewood Test Vets this is the website for the lawsuit Vietnam Veterans of America, et al. v. Central Intelligence Agency, et al.
Case No. C 08 XXXX, U.S.D.C. (N.D. Cal. 2009)

What This Case Is About

Plaintiffs seek declaratory and injunctive relief only – no monetary damages – and Plaintiffs seek redress for 25 years of diabolical experiments followed by over 30 years of neglect, including:

the use of troops to test nerve gas, psychochemicals, and thousands of other toxic chemical or biological substances and perhaps most gruesomely, the insertion of septal implants in the brains of subjects in a ghastly series of mind control experiments that went awry;

the failures to secure informed consent and other widespread failures to follow the precepts of U.S. and international law regarding the use of human subjects, including the 1953 Wilson Directive and the Nuremberg Code;

an almost fanatical refusal to satisfy their legal and moral obligations to locate the victims of their gruesome experiments or to provide health care or compensation to them;

the deliberate destruction of evidence and files documenting their illegal actions, actions which were punctuated by fraud, deception, and a callous disregard for the value of human life.

The Complaint asks the Court to determine that Defendants’ actions were illegal and that Defendants have a duty to notify all victims and to provide them with health care going forward.


Plaintiffs
Vietnam Veterans of America
Founded in 1978,Vietnam Veterans of America (“VVA”) is a national non-profit organization primarily dedicated to the interests of Vietnam era veterans and their families. VVA has over 50,000 members, 46 state councils and 630 local chapters. VVA’s principal goals are to promote veterans access to quality health care, to insure that veterans receive mandated compensation for diseases or conditions that they have incurred during or as a result of military service, to support the next generation of America’s veterans, including Operation Iraqi Freedom and Operation Enduring Freedom (“OIF/OEF”)veterans and to hold government agencies accountable for their legal, ethical, and moral obligations to its veteran

Plaintiffs

Bruce Price
Mountain City, Tennessee

Eric P. Muth
Milford, Connecticut

Franklin D. Rochelle
Jacksonville, North Carolina

Larry Meirow
Oakland, Michigan

David C. Dufrane
Port Henry, New York

Wray C. Forrest
Colorado Springs, Colorado

If the VA or DOD were actually trying to help these men after more than 40 years, does anyone really believe they would have been forced to file a lawsuit to get the benefits they believe they deserve? It has been the denials and lies by the government that have forced this issue. I am sure Lisa Friedman felt the VA officials were telling her the truth three years ago, but yet here we are in 2009 and no closer to the truth than we were the day she wrote this article or the day that A&E and Bill Curtiss shot the documentary "Bad Trip to Edgewood" Papers relating to Bad trip to Edgewood television documentary, (1950-1993) this must have been filmed close to 1993.

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