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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26821
Experience:  45 years old, retired Marine Officer, current attorney
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How did Agent Orange get to US Navy Aircrafdt Carriers with

Resolved Question:

How did Agent Orange get to US Navy Aircrafdt Carriers with A4 bombers and F8 fighters during the VietNam war?
Submitted: 2 years ago.
Category: General
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am not sure I understand the question...are you looking to claim Agent Orange exposure for service on a Navy ship that never entered the internal waters of Vietnam?
Customer: replied 2 years ago.
Yes/No.. My ship USS Bon Homme Richard CVA 31 operated in Gulf of Tonkin - on Yankee Station - near of Da Nang. and while the ship did not dock in Cam Ranh Bay .. I was an aviatio '68 - '70 I was an aviation ordenanceman and came into direct contact with planes that had flown through agent organge after bombing missions. I have placed a VA claim for exposure as I suffered heart disease and cancer, and now am exhibitign signs of Parkinsons's disease. My civilianand military medical recirds reflect many respitory ailmets. A key factor that forms the basis of my claimis the fact that I in performing my duties was flown into Da Nang via a COD plane ( that I beleive may have also been used to transport dixon to the ship for preparation and delivery to targets) to pick up sensitive electronics and administrative materials - Accordingly, I was on the ground in Vietnam several times during 3 of the ships (6) tours of duty '68, 69, 70. As an Airman/Seaman I worked with multiple toxic / carcenogencie materials, I was not just exposed to dixon.. I came into direct contact and was contaminated by red lead, weapons propellants, paints, solvents calcium hypochloride, JP-5 jet fuel, napalm, conventional and I handled nuclear weapons along withthe Marine Det onboard, as well as pods that I believe contained dixon ..I need to show how the dixoin was transported to the ship. The Australian Navy has data on dixon that documents dixon's strength is magnififed when the residue from washing the planes that had flown through (it after bombing targets that had been recently sprayed) ...was recycled by the same evaporators we used. I drank that recthe water used for that was recyled ..and often was also contaminated with JP5 jet fuel on many occasions) I also showered using that same recycled water, and ate food that was prepared using that same recycled water. We flew A4 Skyhawks and F8 fighters
Expert:  P. Simmons replied 2 years ago.
Good luck with proving transport on the ship. After 40 years I do not expect that you will be able to do that. You can try requesting the ships logs...but typically the ships logs will not contain that level of detail.

But if you were "boots on the ground" in Vietnam, even one time? Then you qualify for the presumption.

Seriously....all you need is some evidence to show you set foot on the ground.

How to do that?

I would try and track down someone...anyone...who can draft what is called a "buddy letter".

If you can find someone who served with you, and is willing to draft a letter to the VA stating that they recall you traveling to shore? That can be enough.

OR if they will state that they recall your exposure to Agent Orange? That can work as well.

You need to show either that you were exposed to AO or that you set foot on the ground in Vietnam. Either will get you the presumption you need to file the claim.

SO I would be at work finding someone who recalls you.

How do do that?

Facebook is amazing...at least as a starting point. Start talking to folks that served during the same timeframe.

If you can find someone who remembers this that is your best chance.

The other issues...the solvents, chemicals, fuels? That is not going to help you much unless you can get a doctor to state that the exposure then is causing your problems now...but if you can get such a statement that is another way to prove this up...but that will likely require a buddy statement as well...so I would focus first on finding someone you served with to help.


P. Simmons, Attorney
Category: General
Satisfied Customers: 26821
Experience: 45 years old, retired Marine Officer, current attorney
P. Simmons and 134 other General Specialists are ready to help you
Customer: replied 2 years ago.
,I sent a rating report back..looks like the system got the rating but not the comments .. For the record ..I thought your respose was timely, well written and informative. I value the advice. I actually had photos of myself in Da Nang ..butover the years have misplaced them..So if I ever find a fellow seaman who can vouch for my being ordered to Da Nang and the VA decides to recognize that airman/seaman were in-fact exposed to Dixoin, I may need legal represenation to enusre they do the right thing. I would ask you for help again..if you were to represent me do you have to be licensed in the state of Kansas?
Expert:  P. Simmons replied 2 years ago.
I am flattered by the favorable comments. Thank you

To answer your question, you do NOT need a lawyer licensed in KS. VA law is federal law...it is practiced in federal not state court.

HOWEVER, you do not need a lawyer...you need a VSO. A good one.

Have you contacted your county VSO? They would be the place I would start. Many county VSO's are very good (though perhaps a bit overworked).

If you find a buddy to give you a buddy statement, you do need a VSO to assist...but you should not be paying for this service. The states provide this service to their vets free of charge.

Let me know if you have more questions

Customer: replied 2 years ago.


What is a VSO?

Expert:  P. Simmons replied 2 years ago.
SOrry, VSO is Veterans Services Officer

Your county will have one to assist you

Customer: replied 2 years ago.

Outstanding ....Thank you for that information


At this point I have enlisted the help of the Paralyzed Veterans of America organization to assist with placing a claim for compensation (their office is located in the VA Med Ctr, Kansas City, Mo.) I have provided as much documentation as they have asked for ..except the buddy statement. I did include a statement that documented my duties onboard Bon Homme Richard (CVA-31) and being ordered to Da Nang. I offered / referenced the flight pay I received when I made the trips in country as a basis for the presumption of of boots on the ground. Do you think they will have access to my pay records from 1967-68-69? Or if those records are still accessible? I heard a huge fire destroyed a lot of US Navy and USNR records many years ago. Also ..Do you think the VSO would be be able to help with locating ships personnel records if I come up empty on social media research ..

Expert:  P. Simmons replied 2 years ago.
I do not know if the pay records are still available. That is a long time ago and I suspect the answer is no. But you can certainly request them...if they are available they will provide them

And the VSO can help direct you, but is not likely going to have time to do the work for you. In my role as VSO I spend time with vets directing them on how to do the leg work...then I assemble what the gather into their claim.

I would contact your county VSO....they may be quite sharp and able to help
Customer: replied 2 years ago.

Understood.


Again, thank you very much for your outstanding insight and expertise.


 


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