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By Ed O'Keefe
Washington Post Staff Writer
Tuesday, August 31, 2010
The Department of Veterans Affairs is preparing for more than 150,000 Vietnam War veterans to apply for benefits in the next 18 months thanks to new regulations making it easier to compensate for health problems caused by exposure to the Vietnam-era defoliant Agent Orange.
Changes set for publication in Tuesday's Federal Register could result in payouts of about $42 billion in the next decade, VA said. But the department still could face resistance from lawmakers, including Sen. James Webb (D-Va.), concerned with how the department will pay out claims for ailments that are common among elderly Americans anyway, despite military service.
Under the new regulations, the VA will presume that veterans who served in Vietnam between Jan. 9, 1962, and May 7, 1975, were exposed to Agent Orange and will add three medical conditions -- hairy cell leukemia, Parkinson's disease and ischemic heart disease -- to its list of disabilities presumed to have a connection to exposure to the herbicide.
The changes will go into effect in early November, after a two-month Congressional review period, VA said. The department also plans to review about 90,000 previously denied claims from veterans who had sought benefits for Agent Orange-related health problems.
Congress included $13.4 billion for Agent Orange-related benefits in this year's $58 billion supplemental spending bill. But Webb, a Vietnam veteran, has said that adding ischemic heart disease to the VA's list of approved diseases could result in the department paying veterans for a disease they might have contracted anyway as they aged.
"I take a back seat to no one in my concern for our veterans," Webb said in May. "I have spent my entire adult life one way or the other involved in veterans law. But I do think we need to have practical, proper procedures, and I do believe that the executive branch . . . needs to be held to an accountable standard."
Rick Weidman, director of government relations for Vietnam Veterans of America, defended the potentially high costs, saying the payments should be considered in the same context as the ongoing wars in Afghanistan and Iraq.
"We would make the point that many, many times the number of troops originally estimated have [traumatic brain injury] coming out of Iraq and Afghanistan," Weidman said. "Should we not then award it because it's too many people? It's the same argument -- an environmental wound is the same as a blast wound."
Webb sits on the Senate Veterans Affairs Committee, which is scheduled to hold a hearing on the new regulations on Sept. 23.
The Department of Veterans Affairs has sent the final rules to add three new diseases to the list presumptive service connected for exposure to “Agent Orange”. Parkinson’s, B-cell leukemias, and ischemic heart disease (IHD) are in the final rules which will be published in the August 31, 2010 edition of the Federal Register.
The effective date of the rules will be the publication date which is scheduled for tomorrow. VA however cannot start paying benefits under the rules for 60 days because these are major rules subject to the 60 day stay provided for in the Congressional Review Act (CRA).
On Parkinson’s disease, the rules point out that only Parkinson’s disease is covered and does not include other parkinsonian syndromes and/or parkinsonism.
On IHD the rules state:
“As previously stated, VA interprets IHD, for purposes of service connection, to encompass any atherosclerotic heart disease resulting in clinically significant ischemia or requiring coronary revascularization. In the notice of proposed rulemaking, we explained that the term “ischemic heart disease” does not encompass hypertension or peripheral manifestations of arteriosclerotic heart disease, such as peripheral vascular disease or stroke. To ensure that lay readers are aware of the distinction between these diseases, we are adding a Note 3 following 38 CFR 3.309(e) to include the information stated in the notice of proposed rulemaking. (4) Inclusion of Angina as a Compensable Disability. One commenter asked whether the rule will include Prinzmetal’s Angina, and Stable and Unstable Angina in the list of compensable disabilities. 13 VA Response: Prinzmetal’s Angina, and Stable and Unstable Angina are explicitly included as forms of IHD in the list of illnesses that may be presumptively service connected due to exposure to certain herbicides. 75 FR 14393.”
The rule adds all chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia).
ADDITIONAL STORY:http://www.stripes.com/blogs/stripes-central/stripes-central-1.8040/va-to-publish-new-agent-orange-rules-on-tuesday-1.116375
Thanks to Paul Sutton for passing this on.
WASHINGTON (August 30, 2010)- Veterans exposed to herbicides while serving in Vietnam and other areas will have an easier path to access quality health care and qualify for disability compensation under a final regulation that will be published on August 31, 2010 in the Federal Register by the Department of Veterans Affairs (VA). The new rule expands the list of health problems VA will presume to be related to Agent Orange and other herbicide exposures to add two new conditions and expand one existing category of conditions.
"Last October, based on the requirements of the Agent Orange Act of 1991 and the Institute of Medicine's 2008 Update on Agent Orange, I determined that the evidence provided was sufficient to award presumptions of service connection for these three additional diseases," said Secretary of Veterans Affairs Eric K. Shinseki. "It was the right decision, and the President and I are proud to finally provide this group of Veterans the care and benefits they have long deserved."
The final regulation follows Shinseki's determination to expand the list of conditions for which service connection for Vietnam Veterans is presumed. VA is adding Parkinson's disease and ischemic heart disease and expanding chronic lymphocytic leukemia to include all chronic B cell leukemias, such as hairy cell leukemia.
In practical terms, Veterans who served in Vietnam during the war and who have a "presumed" illness don't have to prove an association between their medical problems and their military service. By helping Veterans overcome evidentiary requirements that might otherwise present significant challenges, this "presumption" simplifies and speeds up the application process and ensure that Veterans receive the benefits they deserve.
The Secretary's decision to add these presumptives is based on the
latest evidence provided in a 2008 independent study by the Institute of Medicine concerning health problems caused by herbicides like Agent Orange.
Veterans who served in Vietnam anytime during the period beginning
January 9, 1962, and ending on May 7, 1975, are presumed to have been exposed to herbicides.
More than 150,000 Veterans are expected to submit Agent Orange claims in the next 12 to 18 months, many of whom are potentially eligible for retroactive disability payments based on past claims. Additionally, VA will review approximately 90,000 previously denied claims by Vietnam Veterans for service connection for these conditions. All those awarded service-connection who are not currently eligible for enrollment into the VA healthcare system will become eligible.
This historic regulation is subject to provisions of the Congressional
Review Act that require a 60-day Congressional review period before implementation. After the review period, VA can begin paying benefits for new claims and may award benefits retroactively for earlier periods.
For new claims, VA may pay benefits retroactive to the effective date of the regulation or to one year before the date VA receives the
application, whichever is later. For pending claims and claims that
were previously denied, VA may pay benefits retroactive to the date it received the claim.
VA encourages Vietnam Veterans with these three diseases to submit their applications for access to VA health care and compensation now so the agency can begin development of their claims.
Individuals can go to a website at
http://www.vba.va.gov/bln/21/AO/claimherbicide.htm
to get an understanding of how to file a claim for presumptive conditions related to herbicide exposure, as well as what evidence is needed by VA to make a decision about disability compensation or survivors benefits.
Additional information about Agent Orange and VA's services for Veterans exposed to the chemical is available at
www.publichealth.va.gov/exposures/agentorange.
The regulation is available on the Office of the Federal Register
website at http://www.ofr.gov/.
http://www.thanhniennews.com/2010/Pages/20100827103604.aspx
Last updated: 8/27/2010 10:25
Da Nang Airport in the central city of Da Nang is expected to receive another US$12 million for dioxin cleanup efforts
US President Barack Obama has approved US$12 million for an ongoing project aimed at cleaning up dioxin that has contaminated the soil and water in and around the Da Nang Airport.
The announcement was made by congressman Eni Faleomavaega (D-American Samoa) on August 26, during a three-day visit to Vietnam.
Faleomavaega's visit was aimed at discussing the two countries’ relationship, including cooperative efforts to mitigate Agent Orange contamination in Vietnam.
Last year, the Obama administration dedicated $3 million to dioxin cleanup efforts in the central city of Da Nang, where the airport was listed by scientists as one of several “hotspots” throughout the country.
Da Nang Airport was once used by the US Air Force as a base of operations. During the war, US forces untold quantities of defoliant chemicals loaded onto planes to be sprayed over the countryside.
It is believed that US forces sprayed over 12 million gallons of defoliats in Vietnam throughout the course of the war.
The chemicals were meant to deprive Vietnamese forces of "food and cover." The campaign ended up having long-term effects on US soldiers and millions of Vietnamese civilians.
The substance has been linked to increased instances of birth defects and at least 12 chronic diseases - including Spinal Bifidia and several types of cancer.
http://english.vovnews.vn/Home/US-Congressman-Faleomavaega-visits-Vietnam/20108/118988.vov
US Congressman Eni Faleomavaega is on a visit to Vietnam to discuss the relations between the two countries, including humanitarian cooperation activities to solve Agent Orange/dioxin consequences in Vietnam.
After his arrival on August 24, Congressman Faleomavaega, Chairman of the House Committee on Foreign Affairs Subcommittee on Asia, the Pacific and the Global Environment, had discussions with Deputy Foreign Minister Pham Binh Minh, Deputy Head of the National Assembly’s Committee for External Relations Ngo Quang Xuan, who is co-head of the Vietnam-US dialogue group on Agent Orange/dioxin, and Vice Chairman of the Da Nang Municipal People’s Committee Vo Duy Khuong.
Faleomavaega said the US Congress has mobilised and the President approved additional US$12 million to the Da Nang airport decontamination project, which has been carried out by the US Agency for International Development.
During discussions, the Vietnamese side hailed the congressman’s contributions to overcoming Agent Orange/dioxin consequences in Vietnam and expressed their wish that the congressman and his colleagues would continue making more contributions to the issue.
While in Vietnam, Congressman Faleomavaega visited the decontamination project at Da Nang airport in central Vietnam, and met children who suffer from Agent Orange/dioxin at the Peace Village in Ho Chi Minh City and the Vietnam Friendship Village in Hanoi.
The Congressman is scheduled to leave Vietnam on August 27.
by George Claxton
A new study conducted by Sara Villeneuve, et al and published in the journal "OCCUPATIONAL AND ENVIRONMENTAL MEDICINE" was released on August 25, 2010. This study related to the incidence of breast cancer in males whom were exposed to PCBs, dioxins, and other toxins and occupations.
In volume 69 of the International Agency for Research on Cancer published in 1997 it was suggested that dioxin might be related to male breast cancer. Now a study has shown a connection. The new study showed a 3.8 (95% CL 1.5 to 9.5) increase from exposure to these compounds.
The authors stated that "Endocrine disruptors such as alkylphenolic compounds may play a role in breast cancer".
There is a lot of evidence on dioxin like compounds in female breast cancer but this is the first study that I know of that connected dioxin like compounds with male breast cancer.
http://monographs.iarc.fr/ENG/Monographs/vol69/index.php
http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=2&a=466865
8/26/2010
By Heather J. Carlson
The Post-Bulletin, Rochester MN
From the very beginning, Steve Fiscus knew the odds were stacked against him.
A machinist by trade, he soon found himself delving into the world of medical research and grassroots politics all in hopes of proving one thing — that exposure to the herbicide Agent Orange in Vietnam can cause Parkinson's Disease.
It all started in 2000 when Fiscus was diagnosed with the neurological disease. He applied for veteran's benefits in 2001, only to be turned down. Unable to work any longer, he devoted his energy to reaching out to other Vietnam veterans experiencing similar symptoms and poring over medical studies. Four years ago, he and a handful of other area veterans established the United States Military Veterans with Parkinson's group.
"Until we formed our group nobody knew which way to go. And once we started getting the group together and started getting some force behind it, they knew we were playing for real. It wasn't just somebody calling in and making idle squawk, that we've got a problem," said Fiscus, of Rogers.
The former Marine served in Vietnam from 1967 to 1968 at a base 40 miles south of Da Nang working as a machinist. Back then, the military reused all the barrels that had stored Agent Orange.
"Part of my job was cutting barrels in half. We used them for outhouses, we made barbecues out of them, we used them for darn near everything. And they were Agent Orange barrels, so when I am cutting those with a torch, I am breathing those fumes in," he said.
It wasn't until a meeting in July 2007 in Rochester when the group started to make some headway.
http://www.stripes.com/blogs/stripes-central/stripes-central-1.8040/shinseki-to-defend-new-agent-orange-rules-1.115891
By Leo Shane III
Published: August 25, 2010
AP
Veterans groups praised the Department of Veterans Affairs last year when officials announced they would add three new diseases to the list of "presumptive illnesses" connected to the use of the Vietnam-era defoliant Agent Orange. But senators concerned about the cost and precedent of such a change put a 60-day hold on money related to the change, and have asked the VA for more information on why Agent Orange claims should be expanded.
On Tuesday, in a speech before the Veterans of Foreign Wars, VA Secretary Eric Shinseki said he's happy to defend the decision. "It was the right decision, and the President and I are proud to finally provide this group of Veterans the care and benefits they have long deserved."
The rules regarding the new recognized illnesses -- Parkinson’s Disease, Hairy Cell and other types of chronic, b-cell leukemia, and Ischemic Heart Disease — could open up veterans benefits to 250,000 more Vietnam-era veterans and cost the VA another $13.4 billion over the next 18 months.
Sen. Jim Webb, D-Va., has publicly questioned whether scientific research supports including the three new diseases with other Agent Orange exposure conditions, and if the VA is unnecessarily committing billions in compensation payments for problems that are often simply the result of aging.
But Shinseki said he's "happy" to explain the rationale behind the move, and confident lawmakers will support the change. The hearing before the Senate Armed Services Committee is set for Sept. 23.
http://www.dailynews.com/news/ci_15844901
Lesli Moore Dahlke smiles in her Westlake Village home. When Dahlke was 18, she went to Vietnam during the war, as part of the USO's handshake tour, where young women went to hospitals and bases to help cheer up the guys. 40 years after the war, Lesli has been struck with rare forms of cancer--twice, and it's lately that she wonders if it's because Agent Orange. Lesli has started a website to bring more awareness. | Related story: Agent Orange a toxic killer. (Michael Owen Baker/Staff Photographer)
Before the cancer settled into her blood and stole parts of her stomach, spleen, and pancreas, the photographs and diary Lesli Moore Dahlke saved from her time in war-torn Vietnam symbolized only her Valley Girl innocence.
She was 18 then, a tall, blonde, blue-eyed beauty from Encino with high cheekbones and an easy smile.
Grieving the recent death of her father, comedian Del Moore, and touched by the televised images of young soldiers fighting an unpopular war, Dahlke volunteered for the USO's Handshaking Christmas Tour in 1970.
During the 18-day trip with legendary entertainer Johnny Grant and three other "handshake girls," she flew by helicopter over thick jungles from Saigon to Quang Tri, swooping in for morale-boosting visits with soldiers at field and evacuation hospitals and fire-support bases.
Carrying along a small, white leather diary, she wrote about what she saw and the young men she met:
"December 14th, 3:00. Went to 3rd Division Evacuation Hospital. Visited three wards and emergency area. The men were all very friendly and glad to see smiling faces from home. They were shy at first but were grateful to be remembered. They talked mostly about their hometowns and about going home.
"Everyone here is very warm but the sadness and loneliness in their eyes is heartbreaking."
She walked where the soldiers walked, breathed in their air, drank their water and bathed in their showers.
She almost felt like one of them.
READ MORE: http://www.dailynews.com/news/ci_15844901
http://voices.washingtonpost.com/local-breaking-news/maryland/md-looks-for-cancer-cluster-ne.html
The Maryland Department of Health and Mental Hygiene says it's working with Frederick County health officials to investigate a possible cancer cluster near Fort Detrick, where workers dumped industrial chemicals and field-tested Agent Orange decades ago.
DHMH says it hopes to know by late September whether the cancer rate within a mile of Fort Detrick is significantly higher than in other parts of the county or state.
The investigation stems from a former Frederick resident's claim that he found many cancer cases among current and former Fort Detrick neighbors, including his former wife and late daughter.
On Thursday, DHMH and the Maryland Department of the Environment said they have asked the Army to test for the Vietnam-era defoliant Agent Orange on and around Fort Detrick.
———
Information from: The Frederick (Md.) News-Post, http://www.fredericknewspost.com
Photo-Le Quang Nhat
Yumi Wilson and Goro Nakamura in Vietnam
As for me, all I know is that I know nothing. -- Socrates
http://www.sfgate.com/cgi-bin/blogs/wilson/detail?entry_id=69933
Before my trip to Vietnam, where my mission had been to investigate the link between Agent Orange and third-generation birth defects and disabilities, I read lots of books and articles. Watched tons of movies and documentaries. And interviewed as many people as I could. I even tried to learn some Vietnamese.
But in the end, I learned that the that one of the most important things I could have done was to know a little bit more about Japan.
At a well-attended ceremony outside the War Remnants Museum in Ho Chi Minh City, I spotted Goro Nakamura. I had been told by local photographer Le Quang Nhat that Nakamura, a photographer and author, was being honored on Agent Orange Day (Aug. 10) for his work in Vietnam, and that I, as a daughter of a Japanese woman who survived WWII, should talk to him.
Read more: http://www.sfgate.com/cgi-bin/blogs/wilson/detail?entry_id=69933#ixzz0xY8Ag3dO
http://newsok.com/epas-dioxin-regulations-try-to-solve-a-problem-that-doesnt-exist/article/3486099
BY RICHARD P. RUSH Oklahoman Published: August 18, 2010
Tell me if this sounds familiar. Washington issues a regulation that makes little sense and will do nothing useful. States, local communities, farmers and Oklahoma businesses are required to comply and bear the financial burden.
Advertisement
This time, with state coffers empty from the recession, we have to ask why the Environmental Protection Agency is proposing regulations that will cost the states and their citizens plenty to solve a problem that doesn't exist. The EPA wants to issue new cleanup standards in September for dioxin in soil that will require recleaning Superfund sites that have already been cleaned up once to meet previous EPA standards.
Unfortunately, the EPA's new proposed standards, which are hundreds of times tighter than the old ones, are not based on any new and compelling scientific evidence. According to the National Academy of Sciences and the Department of Defense, the proposal is based on flawed assumptions.
Regulations on dioxin already have been very successful, resulting in a dramatic decrease in dioxin levels in the environment. According to EPA, "U.S. dioxin emissions from man-made sources have declined more than 92 percent since 1987." Although this trend would continue if left alone, EPA's proposal will cost millions, disrupt communities and endanger our unsteady economic situation.
Oklahoma does not need more costly federal regulations that may jeopardize a fragile recovery. By making arbitrary changes in the standards, the EPA makes it impossible for people to make reliable decisions — about where they will live, where they will build, where they will invest. When businesses sense an unstable environment, they see risk, and either go elsewhere or stop investing altogether.
And what will these new standards accomplish? In a word: nothing. Dioxin comes not just from man-made sources but from natural events like brush fires. Consequently, it is found everywhere in the environment in low concentrations. We cannot rid the earth of it. There is no scientific evidence that the extremely small amounts found in soil pose a threat.
Oklahoma doesn't have extra resources we can waste on non-problems. The state lost almost $1 billion in revenue last year. Unlike Washington, where spending goes unchecked, in Oklahoma we balance our budget. Having to make further sacrifices in essential areas like education and services for seniors so we can pay instead to meet unscientific and unnecessary federal standards is an abuse of power.
Our congressional delegation should urge the White House and Office of Management and Budget not to advance these new rules until scientific evidence validates the need and the health benefits for such actions. The EPA must rethink what it is doing, focus on policies that will produce useful results and not drive more jobs offshore.
Rush, former president & CEO of The State Chamber of Oklahoma, is chairman of Rush Strategies LLC in Edmond.
Read more: http://newsok.com/epas-dioxin-regulations-try-to-solve-a-problem-that-doesnt-exist/article/3486099#ixzz0xY70Q0k3
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