John Alejandro

Photo submitted by John Alejandro, Lift Platoon, 1970-71

Agent Orange

Sick Agent Orange vets owed benefits - U.S. court

SAN FRANCISCO (Reuters) - A U.S. appeals court ruled Monday that Vietnam veterans who contracted prostate cancer and diabetes after exposure to Agent Orange should get retroactive disability payments, setting legal precedent that could cover a wide range of illnesses associated with the toxic defoliant.

The 9th Circuit Court of Appeals affirmed a lower court ruling that held the Veterans Administration incorrectly interpreted rules to deny retroactive payments to veterans who filed claims after early 1994.

The court's three-judge panel held that the VA was bound under the terms of a 1991 consent decree to pay the benefits, in many cases back to the date the veteran first claimed them.

The ruling marked a victory for activists who have been seeking compensation and care for tens of thousands of Vietnam veterans who have fallen sick after battlefield exposure to Agent Orange, a herbicide that contains the known carcinogen dioxin.

The National Veterans Legal Services Program, which filed the initial Agent Orange suit in 1986, said the court's decision would guarantee payments to an estimated 1,200 veterans with Agent Orange-related prostate cancer, as well as thousands more who suffer from adult-onset diabetes.

In both cases, the Veterans Administration had sought to deny retroactive payments on the grounds that the diseases' connection with Agent Orange was not scientifically established when payment regulations were promulgated in 1994.

Barton Stichman, the group's executive director, said the appeals court's ruling could have a wide impact by forcing the Veterans Administration to pay retroactive benefits for illnesses that future scientific research may tie to Agent Orange.

"As time goes on, as a result of additional scientific studies, it becomes clearer that other diseases are associated with Agent Orange," Stichman said. "The Veterans Administration is going to have to accept that the same legal theory will cover these cases."

A Veterans Administration spokeswoman said VA lawyers were reviewing the ruling and would have no immediate comment.

At least 9 million gallons of Agent Orange was sprayed on Vietnam between 1962 and 1970. The chemical got its nickname from the orange stripe on the barrels in which it came.

It has been linked with 10 diseases, including lung cancer, prostate cancer and diabetes.

Scientists are also probing possible links between Agent Orange and childhood leukemia among children of veterans, while Vietnam's government has blamed Agent Orange for causing tens of thousands of birth defects in Vietnam and demanded compensation.

After Agent Orange was found to cause cancer in laboratory rats, the U.S. military suspended its use in 1970 and halted all herbicide spraying in Vietnam the following year.

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Here is the full published opinion of the three judge panel of the 9th Circuit Court of Appeals in San Francisco.   http://www.ca9.uscourts.gov/ca9/newopinions.nsf/28D4FD1ECE6EEC3B8825731D0057D6DD/$file/0615179.pdf?openelement

Victor Cook Blue Ghost 12 CE

Summer of 1967, Fort Knox, Ky. Static display of C Troop 7/17th Cavalry. Vic deployed to RVN in Oct 67 and flew as a Scout Crew Chief and Door Gunner.

Victor Cook was an original Blue Ghost 1967-68

Photos

Good Morning BlueGhosts,

 

I have provided some early pictures of BlueGhost after arriving at Chu Lai, Dec 1967 to about May of 1968. 

 

I was a member of the Scout section.  You will notice our sign,"McKenzie Raiders", Capt McKenzie was my Platoon Leader and SFC DeLoach was our Platoon Sgt .  I have other photos taken at Hawk Hill and a few others on a sortie.

 

I hope you enjoy them as much as I did finding them.

 

Have a wonderful day

 

Victor Cook

Blueghost 12 ce