Agent Orange: French court rejects lawsuit against chemical companies - BBC News Agent Orange: French court rejects lawsuit against chemical companies 10 For years, I have been asking myself this question: Why has the United States offered at least some form of compensation to Americans, but has not done more for the Vietnamese who were also exposed and who have spent years seeking justice? A French court has thrown out a lawsuit brought by a French-Vietnamese woman against more than a dozen multinational companies that produced and sold the "I'm not fighting for myself, but for my children and the millions of victims," she said in January. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Veterans Crisis Line: Scientific or medical evidence stating that the conditionyou have is caused by Agent Orange. According to McDonough, benefits could be extended to roughly 52,000 veterans and 6,000 surviving family members "in the first year alone.". You served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties. During the Ice Age (??? Over half a decade had passed since the war ended, but we were still living under the trade embargo America had placed on Vietnam. What Should I Do If My VA Claim Was Denied for PTSD? Because the plaintiff class was so large (an estimated 10 million people), the Fund was distributed to class members in the United States through two separate programs designed to provide maximum benefits to Vietnam Veterans and their families most in need of assistance: This plan for distributing the Settlement Fund was unprecedented: it employed mechanisms not previously adopted in class action lawsuits in order to maximize benefits to class members and to respond to the complex needs expressed by the class during a series of "Fairness Hearings" held in six different locations in the country. 1. 3. VA -certified disability benefits lawyer Sarah Woods describes the 114-315, the Veterans Health Care and Benefits Improvement Act of 2016, has been implemented in keeping with the specific intent and direction of the law. In the end, my mother went ahead and prepared the fish, much to my joy and that of my two elder brothers. Health Care These included chemist Bruno Tesch, who invented the stuff, and who was executed in 1946. She added she would appeal against the ruling. Note:If you get a disability rating, you may also be eligible for VA health care and other benefits. The PACT Act expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. In response to a new lawsuit, its creators and manufacturers say that the U.S. military bears the blame for what it has done to people across Southeast Asia. WebAll Agent Orange Exposure Gulf War Syndrome Social Security Toxic Exposure VA Disability Benefits VA Disability Filing Tips VA Disability Law VA Disability Ratings VA Mental Health VA Unemployability. Children and Widows (2023 Update) Camp Lejeune Lawsuit. This issue presents a profile of Vietnam Veteran Michelle Taylor; new Agent Orange Agent Orange Won't Go Awayin Vietnam, or the | Credits Find more information for Vietnam-era Veterans. To access the menus on this page please perform the following steps. (The VA distinguished between troops in-country who had been exposed and the ground crews that loaded the poison onto airplanes. We were starving. But the firms said they could not be held responsible for whatever use the US military made of their product, AFP reported. LeRoy Foster never set foot in Vietnam. but many such orphanages exist throughout Vietnam. French court rejects claim for 'Agent Orange' damage in - Reuters However, the court in Evry, near Paris, declined to hear the case. In Vietnam, dense foliage gave cover to the enemy, putting American lives at risk. I remember my stick-thin body trembling as I devoured that protein-rich meal, cooked tenderly in lemongrass and ginger harvested from the garden of my mothers love. Agent Orange, the most widely used of those defoliants, destroyed five million acres of Vietnamese forests and damaged some 500,000 acres of cropland. VA's tactical herbicide and Agent Orange location list - New updates Tactical herbicides such as Agent Orange had limited usage, testing, or storage in several other countries besides Vietnam, such as the Korean Demilitarized Zone (DMZ), Thailand, and United States. The committee has done an outstanding job. Hearst Magazine Media, Inc. All Rights Reserved. A neighbor was standing in our kitchen, pointing at a fish we had caught in a stream close to home. Copyright 2022 Veterans Help Group All Right Reserved. Follow her on Twitter @patriciakime. Ms. Nguyt and her son are among the several million Vietnamese estimated by the Vietnam Association of Victims of Agent Orange, or the VAVA, to be living with the horrific consequences of the defoliant campaign. It is not known how many parents gave up children born with deformities, but many such orphanages exist throughout Vietnam. Submit your dependency records. If we denied your claim because we determined that your disability wasnt causedor made worseby your active-duty service, you can file a Supplemental Claim based on the change in the law. 988 (Press 1). They said the department is looking at ways to accelerate claims processing and has been chipping away at a claims backlog. Since my last column, some things have been moving along. Presumptive Conditions Connected to Burn Pit Exposure. VA adds three new Agent Orange presumptions - Public Health Agent Orange and Hematologic Malignancies: The Fog On Jan. 26, a French-Vietnamese woman and victim of Agent Orange brought a case against 14 chemical giants before a French court to seek damages for the harmful effects herbicides have had on her and three generations of her family. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations: Or you must have served in at least one of these locations that weve added based on the PACT Act: Or at least one of these must be true for you: Eligible Reserve locations, time periods,and units include: For more service requirement details, review these sources: Public Law 116-23(Blue Water Navy Vietnam Veterans Act of 2019) on Congress.gov, Air Force specialty codes and units for affected C-123 aircraft (PDF), Dates and locations of herbicide tests and storage outside Vietnam (VA public health website). Liver fluke infection and bile duct cancer Vietnam Veterans may havehad liver fluke infectionsfrom eating raw or undercooked fish while in Vietnam. Find out how to file a Supplemental Claim. The U.S. military used at least You may be eligible for VA disability compensation based on Agent Orange exposure if you meet both of these requirements. In some cases, dependents may be eligible for a survivors pension or disability and indemnity compensation if the Veteran died during the Vietnam War or due to a service-connected disability. And you dont need to have this exam to get other VA benefits. If you have a health condition caused by exposure to the herbicide Agent Orange during your service, you may be eligible for VA disability compensation. In the 1980s, unlike many Americans who had the luxury of choosing their food, my parents did not. In order to qualify for VA benefits such as compensation, healthcare, and vocational training the birth defect must have resulted in a permanent physical or mental disability. Agent Orange Presumptive Conditions List Explained by a VA Disability Attorney. Nga suffers from type 2 diabetes and an extremely rare insulin allergy, which she argued were symptomatic of exposure to Agent Orange. Veterans Help Group is an advocacy group and not a law firm. If youve been diagnosed with one of these conditions, you dont need to prove that it started duringor got worse because ofyour military service. What Should I Do If My VA Claim Was Denied for PTSD? As a single mother who was often out working odd jobs to survive, she had no means of caring for their only child a boy born with deformities and had to leave him at the orphanage. The AO Committee If the veteran served in the DMZ between April 1, 1968, and August 31, 1971, there is a presumption that the veteran was exposed to herbicides. Related: Groundbreaking VA Study Shows How Long COVID-19 Vaccine Immunity May Last. FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, Claims Adjudication Procedures Manual/Live Manual, Link to subscribe to receive email notice of changes to the Live Manual, A Payment Program, which provided cash compensation to totally-disabled Veterans and survivors of deceased Veterans; and. The fish was a great catch, but it had two tails and a gigantic, deformed head. He has said that veterans should file claims for illnesses they believe are service-connected even if the conditions aren't listed as presumed to be related to service. From Agence France-Presse (via Barrons): Of course, the manufacturers have lawyered up, arguing that they only made the poison, but that it was the U.S. military that weaponized it, which is true as far as it goes. On May 25, Rep. Barbara Lee (D-California) introduced H.R. Agent Orange Won't Go Awayin Vietnam, or the Courts, Trump Really Meant to Become the American Erdogan, An Unfortunate Reminder About Ronald and Gitmo, Your Privacy Choices: Opt Out of Sale/Targeted Ads. It is long overdue that comprehensive actions be taken to help all victims of Agent Orange, regardless of their nationalities. | Veteran Collectibles by Emily Green|16 Jun 2021 American chemical companies made an enduring mark on the human species with the creation of Agent Orange. visit VeteransCrisisLine.net for more resources. 800-829-4833, Veterans Crisis Line: However, the American court ultimately dismissed the case on the grounds that it lacked sufficient basis in U.S. and international law and that the supplying of herbicides didnt amount to a war crime. One of the most shameful legacies of the American War against Vietnam, Agent Orange continues to poison Vietnam and the people exposed to the chemicals, as well as their offspring. VideoThe secret mine that hid the Nazis' stolen treasure, LGBT troops take love for Eurovision to front line, Why an Indian comedian is challenging fake news rules. We make a great team. Veterans whose claims are approved may receive an earlier date for entitlement to benefits -- a decision that could result in more compensation. She seeks to hold the companies, including Dow Chemical and Monsanto (since acquired by Bayer), accountable for their role in making or selling Agent Orange. The herbicide was named Agent Orange because of the color-coded band that was used for shipping. Ms Tran, who is French-Vietnamese and covered the conflict as a journalist, says she and millions like her suffer chronic health problems as a result. WebMore than 40 years after the Vietnam War, the fog of Agent Orange hangs thick over veterans and those providing their medical care. The current list of birth defects that are presumed to be connected to service is: Children with birth defects not on this list may still be eligible if the other requirements are met. VA Will Soon Begin Processing Claims for 3 New Agent Orange We came up with three motions to submit to the VVA BOD in the form of letters to the VA Secretary from President Rowan. If you have a cancer or illness thats not on our list of presumptive conditions, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits. VA's Spina Bifida Health Care Benefits Program VA offers the Spina Bifida Health Care Benefits Program for eligible children of Vietnam Veterans and Korean War Veterans. In the past 15 years,the estimated number of veteranswho have beendiagnosed with PTSDcurrently numbers more than 500,000. Nga, a former journalist born in 1942 in what was then French Indochina, had accused the agrochemical companies of causing grievous harm to her and others by selling Agent Orange to the US government, which used it to devastating effect in the war. VA officials could not provide a timeline for adjudicating claims and providing benefits. Aging veterans suffer from an extensive list of diseases, including several hematologic malignancies, deemed related, or possibly related, to exposure to Agent Orange. This is a free health exam for Veterans who meet any of the aboveservice requirements for presumption of contact. If you suffer from exposure to Agent Orange and would like to know your legal rights, please CONTACT AN AGENT ORANGE LAWYER for your lawsuit evaluation. Contact your localVA environmental health coordinator (VA public health website), Learn more about the Agent Orange Registry health exam (VA public health website). Served in Vietnam between January 9, 1962, and May 7, 1975, or. We call these presumptive conditions. According to VA Secretary Denis McDonough, the department in coming weeks will issue a policy to implement a law that added bladder cancer, hypothyroidism and Parkinsonism -- or Parkinson's-like symptoms -- to the list of conditions considered linked to Agent Orange exposure. If you served during the Vietnam War, you may be at risk of certain health conditions. Her first novel in English, The Mountains Sing, is a narrative of 20th-century Vietnam. WebAgent Orange & Dioxin Committee Update July/August 2021 BY MAYNARD KADERLIK, CHAIR Since my last column, some things have been moving along. My eyes would tear up each time. VVA National President Jack McManus Testifies Before Joint House and Senate Veterans Affairs Committee. Keep reading for the full eligibility requirements. Using this website or contacting us does not constitute a business relationship. The number of Laotian and Cambodian victims is unknown, but researchers have been working on assessing the impact of the herbicides there. There are more than 2 million military-connected children of active-duty service members, National Guard or reservists, or Copyright 2023 Military.com. The information obtained at this site is not, nor intented to be legal advice and should be used for informational purposes only. She said she would appeal against Monday's decision. Nguyn Phan Qu Mai, Ph.D., is a novelist and journalist. many types of cancers and health problems to these chemicals. We can help, contact the experienced advocates at Veterans Help Group to evaluate your claims. They reasoned that we couldnt be certain the fishs features were caused by chemical contamination. I subsequently lost one of my best friends in sportswriting to a fast-moving cancer that was traced to his having worked with AO at an American airbase during the war). Permanent and Total VA Disability Ratings for PTSD. The Settlement Fund closed in 1997. Rarely, these liver fluke infections can lead to a cancer of the bile ducts called cholangiocarcinoma. But youll need to submit more evidence. Review and print documents from your official military personnel file (including your DD214). Several civilians who worked for the chemical company that manufactured zyklon-B were executed or imprisoned after World War II for delivering the poison to the German concentration camps. Press Release: |Privacy Policy If your condition isnt on the list of presumptive conditions, youll also need to provide at least one of these types ofevidence: Youll need to submit your discharge or separation papers that show your time and location of service. fish and shrimp, and, from there, to more people. Symptoms of PTSD usually begin within three months of the Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Well send you a letter to let you know were reviewing your case. BREAKING: VA plans expansion of benefits for disability claims To learn moreabout this change in the law, and how it may affect you, download our: You can get help from us in any of these ways: If youre submitting a claim related to C-123 aircraft, you can also: Note:Please be ready to give us your name, email address, telephone number, and VA file number or Social Security number. Most populous nation: Should India rejoice or panic? As a subscriber, you have 10 gift articles to give each month. Depression is one of the most common By submitting this form I give express consent that this serves as my electronic signature to being called, text or emailed regarding a free consultation to determine if Veterans Help Group can help me with a Social Security and/or Veteran's Disability claim. The US compensates its veterans exposed to the defoliant but does not compensate Vietnamese nationals. Tran To Nga, 79, wanted 14 agrochemical giants including Bayer-Monsanto and Dow Chemical put on trial for the crime of ecocide - destroying the environment. Watch on. is fighting what may be the last battle of her life. The .gov means its official. Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia. Forty-six years have passed since the Vietnam War ended on April 30, 1975. A French court has thrown out a lawsuit against Monsanto and other former Agent Orange manufacturers brought by a victim of the toxic defoliant used during the For certain claims, you may also need more supporting documents. VA Will Soon Begin Processing Claims for 3 New Agent Orange Illnesses A U.S. Huey helicopter sprays Agent Orange over Vietnam. The landmark case, filed in 2014, has pitched Tran To Nga, a 79-year-old, who claims she was a victim of Agent Orange, against 14 firms, including US multinational companies Dow Chemical and Monsanto, now owned by German giant Bayer. Please fill out the form below if you wish to be contacted, and we will be happy to answer any questions or concerns you may have. Years Later, Some Are Saddled With Debt. Attention A T users. Along with VVA staff, I attended a meeting in, Karl Hansens son, Adam, had been dead five years before questions about Agent Orange arose. These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. The reporter also accused the companies of causing damage to the environment. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Children of veterans The U.S. District Court ruled in favor of the Class and has since awarded retro-active benefits for those who were already denied. Laos from December 1, 1965, through September 30, 1969. Ruling on the widespread use of the toxic herbicide during the war in Vietnam to be appealed by claimant Tran To Nga. Agent Orange: The Basics We base eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. NGOs estimate that four million people in Vietnam, Laos and Cambodia were exposed to the 76 million litres (20 million gallons) of Agent Orange sprayed by US forces to destroy ground cover and food sources in its battle with communist North Vietnamese troops between 1962 and 1971. A veteran who served in the Korea demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971, and was exposed to herbicides. The Pentagon emails provide a new glimpse into the behind-the-scenes communiques leading up to the response to the unrest. WebFind Out if You Qualify for Agent Orange Benefits. So far, only military veterans from the US, Australia and Korea have won compensation for the after-effects of the highly toxic chemical. We call this having a presumption of exposure. If you are in crisis or having thoughts of suicide, Between 1962 and 1971, the U.S. military employed approximately 19.5 million gallons of herbicides in South Vietnam to clear vegetation that was believed to conceal enemy troops and that provided food for them, as part of Operation Ranch Hand. To find out if you have legal grounds for financial compensation, contact us today. contact the experienced advocates at Veterans Help Group. Blog We have not yet received a response. Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. To access the menus on this page please perform the following steps. visit VeteransCrisisLine.net for more resources. Introduced in House (05/25/2021) Victims of Agent Orange Relief Act of 2021. The AO Committee had a Zoom meeting April 8 and discussed important issues for veterans and their children. You can file a new claim online now. A French court has thrown out a bid by a former journalist to hold companies to account for supplying the toxic herbicide "Agent Orange" during the Vietnam War. In certain cases, if we approve your claim, well pay you back to the date when you submitted your original claim. You can also file by mail, in person, or with the help of a trained professional. To clear foliageand destroy enemy food cropsthe U.S. adopted a tactic that put even more lives at risk: it sprayed millions of gallons of defoliants. You have a health conditionthats caused by exposure to Agent Orange, You served in a location that exposed you to Agent Orange, Respiratory cancers (includinglung cancer), Chloracne(or other types of acneiform disease like it). Blue Water Navy Veterans and Agent Orange fact sheet (PDF), Blue Water Navy Veterans and disability benefits FAQs (PDF), Connect with a trained professional trusted to help with VA-related claims, Email the St. Paul regional benefit office, Request your military service records (DD214 and others), Get your VA medical records (called VA Blue Button), High blood pressure (also called hypertension), Monoclonal gammopathy of undetermined significance (MGUS). According to the ruling - seen by French news agency AFP - the judges upheld the companies' argument that they had acted "on the orders" of the US government which was engaged in a "sovereign act". Al Jazeera Centre for Public Liberties & Human Rights. Wed like to hear what you think about this or any of our articles. Weve added 2 new Agent Orange presumptive conditions based on the PACT Act: Weve also added 5 new Agent Orange presumptive locations. Vets who were suffering serious health consequences from exposure to the defoliant were being unconscionably stonewalled by the Veterans Administration under presidents of both parties. That Fund, created as a result of a private class action lawsuit settlement, involved neither VA nor any other executive branch agency of the Federal government. American bombers dropped tens of millions of litres of Agent Orange defoliant in Vietnam and Laos to deprive North Vietnamese fighters of camouflage and food between 1962 and 1971. VA's WRIISC presents remote meditation and yoga classes to improve your health Learn about free, ongoing classes to help Veterans relax and relieve stress. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. This year, the Philippines agreed to give the U.S. access to four more bases on the islands. Agent Orange Even if you dont have a known condition, the exam could alert you to conditions that may be related to contact with herbicides. Veterans Help Group works with veterans and their loved ones across the United States to get them the Agent Orange-related disability benefits they deserve. Agent Orange destroyed plants, polluted the soil, poisoned animals, and caused cancer and malformations in humans as well as attacking peoples immune systems, campaign groups say. It said it had no jurisdiction over the wartime actions of the US government. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Military Exposure Related Health Concerns, War Related Illness & Injury Study Center, Clinical Trainees (Academic Affiliations), past issues of the Agent Orange Newsletter, more information for Vietnam-era Veterans, VA adds three new Agent Orange presumptions, VA's Environmental Health Coordinators - Connecting you to registry exams and information, VA's WRIISC presents remote meditation and yoga classes to improve your health, VA's Spina Bifida Health Care Benefits Program, Liver fluke infection and bile duct cancer, VA's tactical herbicide and Agent Orange location list - New updates, Vietnam Veteran profile Michelle Taylor - Former nurse and Agent Orange Registry participant, Intergeneraltional health effects and exposures, Call TTY if you Intergeneraltional health effects and exposures Read about findings on intergenerational health effects from exposures during deployment. By being part of this registry, youre also helping your fellow Veterans by giving us information so we can better understand and serve those affected by Agent Orange-related conditions. I want to thank the Agent Orange Committee for doing a great job, the grassroots who do so much to keep the issue alive, and the BOD, Officers, and the entire staff at VVA. BREAKING: VA plans expansion of benefits for disability claims Agent Orange lawsuit: French court to decide case against During this period, these organizations assisted over 239,000 Vietnam Veterans and their families. Keep reading to find out if you may be eligible. Congenital talipes equinovarus (clubfoot), Hirschprungs disease (congenital megacolon). It also plans to automatically review all previous claims and denials for the conditions, VA officials said Thursday. VA adds three new Agent Orange presumptions VA added three new conditions that are related to exposure to Agent Orange and other herbicides: bladder cancer, hypothyroidism, and Parkinsonism. At 79, the woman, Ms. Trn T Nga, is fighting what may be the last battle of her life. Scientists in Vietnam have confirmed high levels of dioxin in the blood and breast milk of people living in hot spots. 3. Presumptive Conditions Connected to Burn Pit Exposure Military veterans who were exposed to burn pits have faced a lot What Benefits Does a 60% VA Disability Rating Get? If you or a loved one is a Vietnam veteran who was exposed to Agent Orange during duty, you may be eligible for financial compensation even if your claim has been denied by the Department of Veteran's Affairs (VA). Ms. Ngas lawsuit could be the first that results in compensation for a Vietnamese victim, according to the Collectif Vietnam Dioxine, the organization supporting her case. Children with a birth defect acknowledged by the VA as associated with herbicide exposure could be eligible for: The VA presumes that certain other birth defects are connected to a veterans military service if the veteran is the biological mother of the child with a birth defect. Vietnam says several million people have been affected by Agent Orange, including 150,000 children born with severe birth defects. Spina Bifida is a condition where the spine fails to close properly during pregnancy. Agent Orange Lawsuits | Lawyers for Agent Orange Claims Compensation benefits. America, Please Dont Forget the Victims of Agent Orange - New A French court has thrown out a lawsuit brought by a French-Vietnamese woman against more than a dozen multinational companies that produced and sold the toxic herbicide Agent Orange, used by US troops during the war in Vietnam. The first time I heard of Agent Orange was in 1980 when I was 7 years old and living in South Vietnam.
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