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Feb-16-2015 20:08printcomments

Blue Water Navy Vietnam Veterans Announce Bill Introduced in House of Representatives

"Agent Orange is persistent over time at a high toxicity rate, and it was capable of contaminating individuals who handled equipment that had been exposed." ~Institute of Medicine

Blue Water Navy Vietnam Veterans
Blue Water Navy Vietnam Veterans, BlueWaterNavy.org
navy@BlueWaterNavy.org

(WASHINGTON, DC) - New York Congressman Chris Gibson (NY) reintroduced our bill in the House of Representatives on Friday, Feb 13th, along with 130 original House sponsors. Co-sponsors are continuing to be added to that overwhelming bipartisan support.

The Blue Water Navy Vietnam Veterans Act is HR-969 for this new Congressional Session, but reads exactly like the previous HR-543. When the last session ended in December, HR-543 had 258 cosponsors. It was not brought out of committee for a vote before that Congressional Session ended.

On the Senate side, we have Sen. Gillibrand (NY) ready to introduce an identical Senate legislation. However, she is waiting for a Republican Senator to step out with her so there will be an initial bipartisan support.

By our reckoning, we have 20 or more Senators who will support that legislation. We will need at least 50 to pass through the Senate.

One of the key factors that has been holding up this legislation has been the uncertainty of the final cost for treating all the sailors and fleet Marines who are sick with diseases recognized by the VA to have been caused by exposure to Agent Orange.

Last week our lawyer, retired Navy CDR John Wells, along with Congressman Gibson, met with key individuals from the Congressional Budget Office (CBO) and he walked away from that meeting feeling very confident that the CBO would release a cost (score) that should fall into a dollar range acceptable to both House and Senate. But of course, everyone is saying that regardless of the cost they don’t know where the money will be coming from.

There have been two very important developments that will now play in our favor.

I believe I have mentioned to you the Air Force reserve pilots who inherited the airplanes that had been used in Vietnam to spray Agent Orange.

The pilots and crew have been steadily dying off from diseases that are on the Agent Orange list. But since they did not serve in wartime, they were not allowed to have Agent Orange related benefits.

Their leader, retired Air Force Major Wes Carter, has been tenacious and recently the Institute of Medicine (I0M) returned a report to the VA that specifically stated these reservists were exposed to Agent Orange from the interior residue of Agent Orange on the fuselage that did cause there illnesses.

The VA has not done anything with that information yet; however they have been backed into a corner.

The report clearly stated two conditions that the VA has adamantly denied for 50 years: Agent Orange is persistent over time at a high toxicity rate, and it was capable of contaminating individuals who handled equipment that had been exposed.

Secondly, there is now a case before the Court of Appeals for Veteran Claims where a decision must be made whether Da Nang harbor should be considered inland water.

If the court rules in favor of that then as many as an estimated 80% of Blue Water Navy sailors could be affected and 80% of the cost of treating them is going to magically disappear from our legislation. This is because they will be put into a category of veterans who are required to be cared for under previously enacted and funded legislation. However, we will need to wait until that hearing on February 25 has concluded before speculating about that.

As you can see, there are some very significant game changers now in play. We will take advantage of each and every one of them to the best of our ability.

Source: Blue Water Navy Vietnam Veterans Association

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Robert Erhard October 16, 2015 9:50 am (Pacific time)

The anchorage area in Da Nang Harbor is within "AN" Estuary that includes The Cu De River and The Han River(s). The definition / contents of "THE" estuary are products of the weather, land run off, and the two rivers run off (pollution) focal point is the anchorage area. The anchorage area is surrounded by 3 shorelines; well protected from the open sea. The scientific facts about estuaries can be found in encyclopedias. Look at the pictures. Hence, the anchorage area in Da Nang Harbor is of the inland waterways. The "NEXUS" meets the requirements of Congress' Intent: Congressional Research Services / Statutory Presumptions ( by law clerk Nichols October 2010). Don't overlook that CRS Statutory Presumptions also includes incubation periods) Such then can be referred to The Nehmer Court Order: the Nehmer Training Guide 2011 Revised Policy (211A). See also: DVA January 2010 and June 2010 Compensation & Pension Bulletins; and, the The March 2010 Nehmer Training Class Bulletin. Pass the information along.


FontsDownloadFree August 2, 2015 5:29 pm (Pacific time)

This legal action should have a direct effect on the current Blue Water Navy status of non-inclusion in "presumptive exposure" because that is presumably a "Due Process" failure of the system.


Biobioloow July 17, 2015 8:19 am (Pacific time)

He is currently filing before the Supreme Court a case which is essentially a 'class action' suit challenging the way the Veteran's Court of Appeals operates and treats all veterans. This legal action should have a direct effect on the current Blue Water Navy status of non-inclusion in "presumptive exposure" because that is presumably a "Due Process" failure of the system.


Tonia May 28, 2015 6:44 am (Pacific time)

As an Army Cold War veteran, I and thousands of other Army veterans who served at Fort McClellan Alabama are in the same boat. We trained on an Army post that was not only contaminated by Agent Orange, but also multiple other chemical agents. We have tried (unsuccessfully) to petition our government for recognition of our exposure and treatment for the aliments caused by the exposure. I wonder if we, ALL VETERANS, could come together as a group to solicit congress for a bill that would cover any veteran exposed at any installation. Maybe we would "finally" get somewhere. Thanks for the article. I am sharing with my friends on other social media sites.


Edmond Sandoval March 25, 2015 5:26 am (Pacific time)

C'mon Mr. Mcdonald. If one of your loved ones were victimized by agent orange after being in Vietnam. You would witness first hand the health issues that we are going through. Why are you as bad as Shensiki was as far as ignoring our requirements for benefits of exposure. Mr. Mcdonald you were put into that office to make a difference.


infected by A.G. March 20, 2015 1:33 pm (Pacific time)

while we wait upon this bill to prayfully be passed to help those of us served in the so called blue water navy are suffering from the effects of cancer and heart disease through the lack of care of lawmakers and the va is apalling to say the least we who served did not neglect the nation when called to duty


Anonymous February 20, 2015 11:25 am (Pacific time)

The fact that this bill will linger in an obscure committee and essentially die the same time this year that it did last...and the year before and the one before that....represents an ongoing NATIONAL DISGRACE!!!! The VA should be held criminally liable for the deaths of those it has deprived and CONGRESS should down right be ashamed of it self for not supporting our Veterans 100%


Mentor February 17, 2015 6:01 am (Pacific time)

Bob McDonald, Secretary of the Veterans Administration, has not made any comments on this subject. Is he unaware of this subject, or just too busy elsewhere? We need to get his opinion, or at least educate him on this matter. Anyone out there that knows how to grab his ear?

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