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The Agent Orange in Vietnam Program – Claims Under New PACT Act

Written by MichaelEhline on . Posted in Service Related Cancer Blog.

Agent Orange and Its Destruction

Ultimate Guide to Understanding Agent Orange and the PACT ACT

The Agent Orange in Vietnam Program - Claims Under New PACT Act
Michael Ehline, inactive United States Marine, Los Angeles, personal injury attorney

In 1960, the Diem government of South Vietnam held arms against the communist-backed North Vietnam forces. At the time, US assistance to the Diem government was in the form of military advisors, financial aid, and logistics support. However, the US soon realized that the Diem government would not be able to hold off the Viet Cong troops for much longer, urging the need for a US intervention.

One of the significant challenges during the Vietnam war was the dense foliage and forestation that the enemy troops would hide behind. Such tactics made it difficult for the South Vietnamese forces to fight. In the meantime, US military experts proposed a defoliation program where they would use toxic herbicides to remove foliage eliminating cover for the enemies, improve visibility in dense canopied jungles, and destroy food crops cutting off the enemy’s food supply. They didn’t anticipate the lingering effects of the defoliation program that would affect millions of veterans and Vietnamese victims.

Ehline Law and our toxic exposure attorneys help veterans exposed to Agent Orange and other harmful substances during the Vietnam War or their service at Camp Lejeune and other military bases under the PACT Act. If you’re a veteran suffering from Agent Orange-related illnesses from your service during the Vietnam war, you may qualify for compensation. Contact our attorneys now for a free consultation on your case.

Operation Ranch Hand: US Intervention in Vietnam War

In November 1961, to combat the advancing Viet Cong forces, the Kennedy administration started Operation Ranch Hand, an aerial spraying herbicide program formally directed by the South Vietnam government.

During the period 1962 and 1971, according to the US Air Force records, the US military sprayed over 45 million liters of Agent Orange and about 28 million liters of other herbicides over 24% of Southern Vietnam. The concentration was more than 20 times what farmers would use for agricultural purposes. Due to its toxicity, Agent Orange destroyed 5 million acres of upland and mangrove forests and about 500,000 acres of crops.

The US used C-123, a large cargo plane, to dump 95% of the herbicides across more than 3,181 villages while they used trucks, helicopters, and their hands to spray the remaining. By 1972, the US and the Vietnamese stopped using Agent Orange, and production halted. They incinerated any remaining Agent Orange stored at Johnston Atoll and other bases, ending the use of Agent Orange in Vietnam.

The Aftermath of Contaminated Agent Orange

In 1965 and 1968, the Bionetic Research Laboratories conducted several tests on lab rats to determine the effects of Agent Orange, particularly, Dioxin, on the test animals. The lab animals started showing signs of malformation. The more tests occurred, the similar the results. The test reports were brought to the attention of the White House, resulting in the suspension of the use of toxic herbicides.

When the Vietnam veterans returned from the war, they started to develop symptoms associated with Dioxin contamination. Cases began to arise of wives of military personnel suffering from miscarriages or giving birth to children with birth defects. The veterans were unaware of the potential human health problems from their military operations during the Vietnam war.

The US government promised to compensate and care for their veterans when they returned. However, out of the 39,419 claims filed, the Department of Veterans Affairs (VA) only paid 489 victims. It was challenging for the victims to prove their service-related illness derived from using Vietnam-era herbicides. In 1991, the United States government passed the Agent Orange Act allowing the VA to declare certain conditions as presumptive, making it easier for claimants to receive compensation for those illnesses.

The effect of the toxic herbicides was far more devastating to the Vietnamese citizens than to the US Vietnam-era veterans. According to the Vietnam Red Cross, more than 3 million people suffer from the deadly herbicide’s effects, while approximately 1 million face disabilities or serious birth defects.

Aspen Institute’s Agent Orange in Vietnam Program

The Aspen Institute started a multi-year project known as the Agent Orange in Vietnam program aimed at addressing the health issues, and the environmental contamination of the herbicides sprayed in Vietnam during the war.

The Agent Orange in Vietnam program promoted discussion within the US policy about using Dioxin during chemical warfare. The Agent Orange in Vietnam program also aimed to strengthen the ties between the United States and Vietnam. The U.S.-Vietnam Dialogue Group identified ways to combat the effects of the US military’s defoliation campaign.

This initiative is led by the Aspen Institute, comprising researchers, policymakers, business leaders, and other important figures. In May 2011, Charles Bailey became the new Director of the Agent Orange in Vietnam program, conveyed a meeting where the relevant stakeholders discussed the progress made on the program.

VA Disability Compensation for Exposure to Agent Orange

Veterans may qualify for compensation if they’re suffering from service-related illnesses. However, the Department of Veterans Affairs assesses the facts of each claim to determine eligibility.

To be eligible for VA benefits, you must meet both of the following requirements:

  • An illness is resulting from exposure to Agent Orange.
  • We were on active duty at a location exposing you to Agent Orange.

Although the requirements are not long, proving your Agent Orange-related illness is challenging. The VA has a list of presumptive diseases that they believe result from exposure to Agent Orange, and anyone suffering from those diseases does not have to prove their illness. The VA adds a disease to its list of presumptive diseases when medical and scientific evidence shows that the sickness results from Agent Orange exposure.

The following are the types of cancers in the VA’s list of presumptive diseases that they cover:

  • Bladder cancer
  • Hodgkin’s disease
  • Myeloma
  • Respiratory cancer
  • Non-Hodgkin’s lymphoma
  • Chronic B-cell Leukemia, and more.

Besides cancer, here are some of the other illnesses on the VA’s presumptive disease list:

  • Diabetes mellitus type 2
  • Hypothyroidism
  • AL amyloidosis
  • Parkinson’s disease
  • Peripheral neuropathy, and many others.

To get disability benefits for your service-related illness, you must file a claim for disability compensation and submit evidence, including medical records showing you have Agent Orange-related illness and military records showing your time in service and how you came into contact with the toxic herbicide.

In cases where your illness is not on the VA’s list of presumptive diseases, you must submit one of the following types of evidence:

  • Evidence suggests that your medical problems started while in service or got worse because of it.
  • Scientific or medical evidence that your illness is due to Agent Orange exposure. It could include a published medical or research study paper.

You would also need to submit military records, such as separation papers which show the time and place of your service.

Even if you provide all of the documents, there is no guarantee that the VA will accept your claims. However, with an experienced toxic exposure attorney by your side, you can increase your chances of securing compensation.

Schedule a Free Consultation with Ehline Law

In August 2022, Congress passed the PACT Act, expanding the list of presumptive diseases for war veterans, especially those exposed to Agent Orange, making it easier for them to receive benefits. However, even with the PACT Act, you may find it challenging to recover compensation for your service-related illnesses.

If you’re a veteran suffering from a service-related illness from exposure to toxic chemicals during the Vietnam war, contact us at (833) LETS-SUE to learn your rights as a war veteran. Your condition may not be on the VA’s list of presumptive diseases for Agent Orange.

However, our attorneys have the skill and knowledge to prove the connection between your deteriorating health condition and your military service in Vietnam. We will help protect your rights and fight for the compensation you deserve to pay for your health care.

Michael Ehline, the Blogging Attorney Michael Ehline, the Blogging Attorney

Heavily Sprayed Areas and Dioxin Hot Spots – Aftermath of Agent Orange

Written by MichaelEhline on . Posted in Service Related Cancer Blog.

Heavily Sprayed Areas and Dioxin Hot Spots - Aftermath of Agent Orange. Learn more at AgentOrange.Org
Heavily Sprayed Areas and Dioxin Hot Spots – Aftermath of Agent Orange

Dioxins in Vietnam Today

Ultimate Guide to Understanding Dioxin and Diseases

The U.S. and South Vietnam established several military installations during the Vietnam War. At these places, military officers would use, handle, and store Agent Orange, solvents, lead, and other herbicides for Operation Ranch Hand. Because of the sheer volume of Agent Orange in these facilities, handling them sometimes would result in spills, requiring drainage ditches and spill ponds. There has been a long-standing concern by present Vietnam over Agent Orange use; over time, the U.S. has been more sympathetic.

The Vietnamese government is working with several organizations to contain the Dioxin contaminated areas. The Ford Foundation is one of the organizations providing funds to help assess the Dioxin levels and extent of the Agent Orange problem in jungles and even in foods. The U.S. also offered historical material to the Vietnamese government to help them overcome the post-war consequences of toxic chemicals over the past decade.

Let’s explore the confirmed research over the heavily sprayed areas, observed Dioxin hot spots, and reported erosion left behind in Vietnam after the war. Our esteemed colleagues will also look at some steps to remediate and heal the destroyed ecosystem and other measures military veterans can take if they were exposed to Agent Orange in Vietnam.

Dioxin Contamination Across Vietnam

There are three major Dioxin hot spots in Vietnam, including the Da Nang air base in Central Vietnam, Bien Hoa Airbase in Bien Hoa City (25 km from Ho Chi Minh City), and Phu Cat Airbase in Qui Nhơn in Southern Vietnam.

Samples collected from these significant hot spots demonstrated high concentrations of T.C.D.D. (Dioxins) in the following:

  • Soil
  • Sediment
  • Fish tissues
  • Human blood
  • Breast milk.

The concentrations recorded exceeded Vietnamese and international standards, especially at areas or military bases where the military forces would store, load on aircraft, or spill Agent Orange and other deadly herbicides. The different sampling programs’ results across these hot spots suggest decades of contaminated soil that is still contaminated today.

In 2001, a study conducted at Bien Hoa airbase revealed elevated levels of T.C.D.D. in the soil, crossing over 1 million picograms per gram (pg/g). Before constructing a landfill at Bien Hoa base, another study revealed a T.C.D.D. concentration of more than a million parts per trillion (ppt) in the contaminated soils.

Soil samples taken from the former storage and mixing/loading areas at Da Nang airport in December 2006 and January 2009 exhibited higher levels of T.C.D.D. concentrations than all other sites sampled. According to the report, the maximum soil toxic equivalents (T.E.Q.) concentration recorded in 2006 came from the samples collected from the former mixing/loading area, with concentration levels of 365,000 ppt, almost 365 times the internationally accepted standard.

At the Bien Hoa airbase, the soil collected in 2008 from a former herbicide storage facility exhibited Dioxin concentrations of 262,000 ppt. Contaminated soil from the storage site is now contained in a secure landfill, helping reduce the Dioxin levels in and around the area. The highest concentration of Dioxin found in sediments was from samples collected in 2008 from the Pacer Ivy Area, recorded at 5,970 ppt.

At the Phu Cat Airbase, the samples collected from the former storage area recorded the Dioxin levels at 236,000 ppt. These levels are comparable to the contamination at Bien Hoa and Da Nang air bases. However, the extent of Agent Orange in Vietnam and contamination at the Phu Cat Airbase remains limited to a small spot.

The highest levels of T.C.D.D. in sediments were from samples collected from the east of the runway, an area suspected of Operation Ranch Hand by the U.S. Army. Here, the concentration levels touched 194 ppt. The toxic herbicides from this area would flow into the South Lake, which would provide water to irrigate agricultural lands, potentially exposing the Vietnamese villages and farmers.

In 2006 and 2009, researchers collected samples from 6 large Tilapia specimens from Sen Lake, part of the lake inside the northern sector of the Da Nang Airbase.

The following are the contamination levels of fish tissue samples collected from various parts around the Da Nang Base:

  • Fatty tissues – 7,920 ppt T.C.D.D.
  • Muscle – 88.2 ppt T.E.Q.
  • Eggs – 1,290 ppt T.E.Q.
  • Liver – 1,540 ppt T.E.Q.

According to the Health Canadian Guide on Dioxin, the concentration levels found in the six specimens of Tilapia are not fit for human consumption. Surprisingly, the concentration in the Tilapia fat tissues is increasing over time due to bioaccumulation.

The Tilapia sampled from the lakes and ponds inside and outside the Bien Hoa Airbase exhibited severe Dioxin contamination, especially in the fat tissue. In the Pacer Ivy Area of the Bien Hoa Airbase, the fat tissue from a Tilapia demonstrated 3,990 ppt T.C.D.D., the highest recorded fish T.E.Q. in the area. Researchers also analyzed whole fish and muscle samples, which exceeded the World Health Organization consumption guidelines.

Besides fish samples, the researchers collected rice, manioc, and vegetable oil samples for analysis and found no traces of T.C.D.D. The hotspots discussed are all former U.S. military bases where troops would handle and store the Agent Orange herbicide. However, according to Hatfield Consultants, a Canadian environmental firm, in the Aluoi Valley of central Vietnam, the entire valley is a hotspot due to Agent Orange spraying. Many researchers primarily suspect the herbicide’s health effects spread to humans through the food chain in certain areas.

C-123 aircraft would conduct operations over the Aluoi Valley, dousing the valley in Agent Orange. Ten samples were collected from any site in the Aluoi Valley for investigation. Besides collecting soil, the researchers also collected blood samples from Such residents to determine the extent of Dioxin contamination left behind by the Vietnam conflict. Some lactating female residents volunteered to provide breast milk samples as well.

The final report revealed that T.C.D.D. levels ranged from 5.0 pg/g to 19 pg/g in the soils. At the same time, males generally had more T.C.D.D. contamination in their blood than females because of their greater caloric intake and exposure to contaminated soil.

(Typical T.C.D.D. concentrations in food remain less than 0.1 ppt. However, researchers compared normal and came up with alarming revelations about food from the lakes and forests. Scientists claim that T.C.D.D. concentrations in ducks could be detected as high as 331 ppt wet weight. With chickens, they found that T.C.D.D. levels were estimated as high as 15 ppt damp weight. Fish could be as high as 66 wet weight, or 550 ppt in lipids.)

Three United States Ta Bat and A Luoi valley U.S. Army special forces bases existed, with one in operation for about 12 months. One of those three bases was the A So (A Shau) base, used for three years and where barrels of herbicides were stored for use in the surrounding areas. Researchers found Dioxin-laced hotspots with elevated levels of Dioxin contamination, ranging from 4.3 ppt to 35 ppt.

The human breast milk from women at A So Commune had elevated levels of Dioxin contamination than other regions in the Aluoi Valley, Thua Thien Hue Province in central Vietnam, and other areas. So it’s not just in areas sprayed with Agent Orange; it’s people exposed to soils and water throughout the country.

MARK HENLEY/PANOS HE, including international researchers, collected samples from animals consumed by humans residing in Bien Hoa City, 35 kilometers north of Ho Chi Minh City (South Viet Nam Vets call this area Saigon.) Their study was digested in the August, Journal of Occupational and Environmental Medicine (2003; 45: 781-8 [ PubMed ] “Even in children never sprayed with Agent Orange, Dioxin is getting into the Vietnamese people…”

What’s surprising is that although Aluoi valley is one of the heavily sprayed areas, the soil at the contaminated sites does not have a high level of Agent Orange contamination due to the forces of nature. The areas where equipment was washed from aerial spray applications and dumping of excess chemicals created a significantly higher public health risk to people than the aerosolized Agent Orange for many decades.

Farmers’ fields and historically forested areas apparently maintained significantly lower levels of Dioxin than the flatter, more toxic locations along wash valleys, etc. It turns out that old forest cover protected the soil, and that continuous heavy rainfall, chemical degradation, and other factors have reduced Dioxin hotspots in some areas. In contrast, the military storage areas have created concentrations harming locals in many places along the former demilitarized zone (DMZ.). High Dioxin levels are the legacy of Agent Orange use in the U.S. Viet Nam war.

Mitigation Efforts And Contaminated Soil In Southern Viet Nam

There are other Agent Orange hotspots in Southern Viet Nam besides the places discussed above. However, most of the remaining Dioxin hotspots have lower levels of Dioxin. Hence, these areas that don’t have high levels of Dioxin do not require remediation efforts. Mitigation efforts include containing the soil in those areas while restricting access to people and animals, sharply reducing the risks of exposure from the legacy of the American war.

The Vietnam War resulted in more than 58,000 American service members’ deaths and 150,000 injured. The war affected the United States and resulted in deteriorating human health for more than 2 million Vietnamese victims. For example, near the Ho Chi Minh Trail and near Laos alone, approximately 224 spraying missions have been officially admitted.

It was not until 20 years later that the full effects of Agent Orange exposure on veterans started to take their toll. They started experiencing illnesses, and their health began to deteriorate with time. Even the government failed to make good on its promise to care for those who served in Vietnam and their environment.

What is the Most Effective Approach?

The most effective approach to significantly reducing Agent Orange contamination in Vietnam is by narrowing the lion’s share of aid to those several areas where the most people are suffering from health and disabilities. Proving Dioxin exposure and the for military services in the provinces most heavily sprayed with Dioxin and Dioxin hotspots at U.S. military bases and storage areas is vital. Scientists agree this is also the best approach to sharply reducing more contamination of food crops being fed to the general population.

Schedule a Free Consultation with Agent Orange Cancer Lawyers at Ehline Law

Ehline Law and our Camp Lejuene PACT ACT toxic exposure attorneys are ready to protect your rights as a vet contaminvet-contaminated. We can help you recover the compensation from the U.S. government. Money is what you deserve to get the best medical care in the surrounding communities to treat exposure to identified contaminants.

If you’re suffering from service-related illnesses resulting from your time in Vietnam, contact us at (833) LETS-SUE for a free consultation. We can even come to your home and are ready 24/7 to take your essential phone call as a public service, free of charge.

Learn more at AgentOrange.Org

Military Testing Sites: Chemical Studies on US Soil

Written by MichaelEhline on . Posted in Service Related Cancer Blog.

Understanding Agent Orange Military Bases and Storage

Military Testing Sites: Chemical Studies on US Soil
Military Testing Sites: Chemical Studies on US Soil

Ultimate Guide to Understanding Agent Orange at Military Bases

The testing of chemical elements as part of a defense happened around the world throughout much of the second half of the 1900s.

The US military used bases around the country and overseas to test and review the possibilities of using herbicides in war. Safety questions were not raised until far too late.

As more information arises about the dangers of the testing and contact with the agents in use, the VA is fighting for the rights of the service members and their dependents who may have been affected by these actions. Ehline Law is proud to support the defense of veteran rights and urges anyone with questions to contact us as soon as possible and make sure and subscribe to our blog.

Military Bases and Agent Orange

Agent Orange is one of the most controversial military decisions of all time. The DoD chose to test and use these herbicides without care for how people may be impacted physically.

Military bases around the country were used for testing- a list of which the VA is working to complete.

Tactical Herbicides Used in the Vietnam War

The VA has gathered more information over the years from veteran affidavits, scientific testing, and new access to records and information that was previously shielded. It is clear now that the testing and spraying of tactical herbicides had tragic side effects on the brave service people and innocent bystanders who came into contact with them.

Even now, the following illnesses and health concerns are attributed to exposure to these agents in veterans and their offspring:

  • Hodgkin’s Disease
  • Respiratory issues and cancers
  • Leukemia
  • Soft tissue sarcomas
  • Ischemic heart disease
  • Various birth-defects.

Known Test Centers in the USA

Fort Derick, Maryland

What was then known as Camp Derick was the Department of the Army’s Biological Laboratory headquarters. It was in charge of technical developments in the military defoliation program, which included the concentrated testing of cacodylic acid, 2,4,5-T, and 2,4-D, and other herbicides.

The testing of these tactical herbicides happened for more than 20 years, from the mid-40s to the late 60s- under instruction from the Department of the Army Chemical Corps.

Eglin Air Force Base, Florida

The Elgin Air Force Base was one of the primary test centers for Agent Orange, Purple, White, and Blue. Over the decade spanning 1961 until 1971, reports show that around 59,000 gallons of these tactical herbicides were sprayed at the site.

A soil exam conducted in 1970 confirmed TCDD contamination, as did testing carried out over the next 17 years. Nearby loading and storage sites also tested positive for residual Dioxin, triggering mitigation efforts in 2001.

Unconfirmed Sites Yet to be Identified

The Department of Veteran Affairs states that herbicides were experimented with at test centers run by the US Military in various states, including Florida, Hawaii, Rhode Island, Texas, Georgia, and Arkansas. Testing reportedly took place from 1947 until 1969 and included herbicides containing 2,5,4-T.

Detailed lists are incomplete and have changed over the years. In 2019, the VA updated the locations on its website but omitted previously disclosed test locations.

International military bases also involved in the testing and development of Agent Orange and other dangerous chemicals include sites in:

  • Canada
  • Korea
  • Puerto Rico
  • Thailand.

The Department of Defense has denied that any herbicide resources were stored, tested, or transported through Guam, despite reports that thousands of gallons of Agent Purple were shipped there in 1952 for use in the Korean war.

Furthermore, veterans present at the time have submitted affidavits to the VA stating that they sprayed Agents Orange and Purple on the island and then buried the barrels and other resources in landfills.

Storage Facilities and Transit Sites

It was not only testing that caused exposure to dangerous chemicals for years: materials were also stored in many locations across the country. Other locations were used for a combination of storage and transit for research materials and weaponized defense herbicides.

Gulfport, Mississippi

Gulfport was a major base for the secure storage of Agent Orange and Blue en route to Vietnam. Unfortunately, a hurricane caused the loss of 1400 barrels. The soil testing in surrounding areas showed serious contamination after contact with the displaced agents. Although removal attempts were made, some level of mitigation remains necessary to this day.

Kelly Airforce Base, Texas

When the use of Agent Orange in Vietnam ended, almost 145,000 gallons of the 2,4-D and 2,4,5-T chemicals were kept secure at the San Antonio Kelly Airforce Base in Texas. The Department of Agriculture eventually moved them to be tested and used in bush control programs in 1972. A further 173,000 gallons of Agent Blue remained at the base.

Testing in the late ’90s showed that Dioxin exposure was within acceptable limits under Texas law, but the site was testing positive for arsenic contamination.

Johnston Atoll, Pacific Ocean

The South Pacific island saw more than 25,000 drums of Agent Orange pass between the US and Vietnam in April 1972. Drums were stored there until 1977, when they were destroyed at sea.

The Lingering Effects of Agent Orange in the USA

Exposure to Agent Orange at one of the military bases, test centers, or overseas in the Vietnam War has had a long-term impact on the lives of service members and their descendants.

Disability Compensation for Service Members

Some Guam veterans have already succeeded in proving that they were as likely to have come into contact with and been exposed to the dangers of Agent Orange during their service and have received disability compensation. Vietnam veterans who worked on bases in Cambodia, Laos, and Thailand have also claimed against the US military.

If people believe they have health problems due to exposure to dangerous chemical agents, they must provide information and resources to prove it. Benefits are granted on a case-by-case basis.

Research shows that exposure to these dangerous resources may be more far-spread than expected. Many people may be eligible to claim benefits if their contact with the chemicals used, tested, or stored in the mentioned locations during the specified timeframe has led to health complications of any kind.

How Can Ehline Law Help?

Ehline Law is a leader in personal injury and pain and suffering claims. We have the resources, the know-how, and the legal prowess to help veterans and service members seek the benefits they are entitled to if they have been impacted in any way by the military testing of herbicides and other chemicals.

Ehline Law Cares About Veterans

Taking care of the people who take care of this country is something close to the heart of who Ehline Law is and what we do. Lead attorney, Michael Ehline, is a veteran himself- having served honorably in the US Marines, so you know you have access to the best. No other legal team can provide service members with the care and dedication we can. Your rights matter to us, and we are proud to assist in the defense of any veterans.

Contact Us for Legal Assistance and Advice on Agent Orange

Contact the team today for the best legal service and the highest level of customer care from any attorneys in LA. Veterans may be eligible for a free Agent Orange Registry health exam. These individuals have no duty to file a VA disability claim to receive their free exam.

Contact your local VA Environmental Health Coordinator to see about getting an Agent Orange Registry health exam. If you have been affected by Agent Orange or other herbicides and believe you are eligible for benefits, speak out and let us help you seek the justice you deserve from the VA and Department of Defense.

Top rated injury lawyer, Michael Ehline in Tuxedo Suit

Veteran Burn Pit Bill Succeeds After Another Vote in the Senate Amid Partisan Turmoil

Written by MichaelEhline on . Posted in Service Related Cancer Blog.

Veteran Burn Pit Bill Succeeds After Another Vote in the Senate Amid Partisan Turmoil

Burn Pit Bill Passes

Ultimate Guide to Understanding Burn Pits. In the last few months, members of the Senate wanted to pass the Promise to Address Comprehensive Toxics Act 2022 (PACT Act). It would provide 3.5 million veterans health care and benefits for their injuries due to exposure to open-air burn pits during their service.

The Comprehensive Toxics PACT Act came after several military veterans exposed to burning trash and other toxic chemicals at military bases reported illnesses ranging from respiratory diseases to cancer and more. However, the introduction of the PACT Act 2022 was far from smooth sailing.

Introduction of the Promise to Address Comprehensive Toxics Act 2022 in June in Senate

In June 2022, the bill was first passed in the Senate with bipartisan support. But due to the bill’s language, there were certain reservations, which meant it would have to receive approval again from the Senate.

The Legislation Fails to Move Forward in July

On July 27, 2022, after undergoing minor changes, the veteran burn pit bill headed for another vote in the Senate amid partisan turmoil, hoping to advance it through a procedural vote. However, 25 Republicans blocked the bill’s passage in the Senate, the same Republicans who showed support during the first round.

The Veterans Service Organization expressed their displeasure outside the Capitol over the sudden about-face demonstrated by the Republicans, who initially favored the bill. Even the former host of the “Daily Show,” John Stewart, had a few expletives to say over the incident.

Chuck Schumer, Senate Majority Leader, said he would put the bill forward again in the coming week for another procedural vote.

Debate Over the Spending Provision in the Bill Continues in August

On August 1, 2022, intense debate over the PACT Act, 2022 saw Senate Republicans and Democrats battling it out in the US Senate. The “controversial” act would see $400 billion in government aid over the next ten years, sparking GOP concerns.

The bill was introduced in the US Senate last week but did not receive the required 60 votes, falling short of just five. 25 Republicans who had first voted yes for the bill agreed with Republican Sen. Pat Toomey.

Toomey offered to amend the bill to satisfy the concerns of both sides, allowing the bill to move forward. He stated that he supported what the bill sought to accomplish but disagreed with how the money was accounted for.

Toomey disagreed with how the money would move from discretionary spending to mandatory spending, allowing the money to be spent on programs unrelated to veterans. The shift to compulsory spending would become a way for Congress to hide its veteran-unrelated spending.

“President Biden’s Secretary of Veterans Affairs Denis McDonough is Completely Misinformed” – Pat Toomey

Over the weekend, the Secretary of Veterans Affairs took a jab at Toomey, stating that the amendment would introduce a year cap on veteran spending for those veterans still suffering from burn injuries.

However, Toomey took the issue to Twitter, stating that either Denis McDonough was unaware of what the amendment aimed to achieve or was dishonest.

Toomey further went on to expose McDonough for having the authority to process benefits for injuries related to toxic chemical exposure upon medical evidence but failing to do so.

Democrats Blamed Republicans for the Delay in PACT Act 2022

On July 27, 2022, Senator Manchin’s reconciliation deal went forward when the Democrats pushed for a $700 billion climate change plan and new tax bills after the previous attempts to do so failed. Manchin spoke to reporters outside of the hearing room where he chairs the senate committee for Energy and Natural Resources.

After the Manchin deal, Democrats took shots at the Republicans for delaying the PACT Act 2022 as a way to express their disappointment over Biden’s Build Back America plan that went through.

However, according to a Senate aide, that is not true, as the Republicans had an open conversation about the PACT act 2022 before the announcement of the Manchin deal.

Biden FaceTime’s Veterans After Testing Positive

On Sunday, July 31, 2022, President Biden addressed the veteran community and their family members camped outside on the Capitol’s steps.

Biden was initially supposed to meet the veterans in person. But after contracting the Covid-19 virus, the President of the United States spoke about the extended health benefits for veterans exposed to toxic burn pits over FaceTime.

Biden also expressed his frustration over how some Senators opposed the bill, legislation close to the President’s heart after his son, an ex-major in Delaware National Guard, may have contracted brain cancer from exposure to toxic burn pits, eventually leading to his death in 2015.

Senate Passes the Burn Pits Bill

On Tuesday, August 2, 2022, the Senate passed the burn pits bill after previous unsuccessful attempts. The Senate received 86 votes in favor of the bill this time as cheers resonated throughout the Senate gallery. The Bill is now on its way to the White House, where President Joe Biden looks forward to signing it.

As the bill passed in the Senate, John Stewart, an avid advocate for veterans, was filled with emotions after rallying support for the bill and had tears in his eyes. He stated that the people fighting so hard to ensure the national security of Americans were getting little, but from now on, this will change.

Since President Joe Biden will most likely sign the bill, people and veterans are looking to the Department of Veterans Affairs to deliver. In decades, the PACT Act 2022 will be the most extensive expansion on VA health care eligibility and benefits.

How Will the Bill Help You Recover Compensation?

If you were a veteran exposed to burn pits and other toxic chemicals resulting in your injuries, the PACT Act 2022 would help you recover compensation.

Previously, veterans had to prove that their illness was directly related to exposure to burn pits or other toxic chemicals. The bill will finally remove the burden of proof, allowing veterans to recover compensation for their conditions.

Speak to a qualified VA claims attorney to understand the VA claim process and assess the damages.

Exposed to Toxic Burn Pits and Injured? Schedule a Free Consultation with Our VA Claim Attorney

It’s unfair that veterans exposed to toxic fumes face challenges in recovering compensation. However, after the bill’s signing, it will provide our veterans hope of making financial recoveries for their injuries arising from their service.

If you suffered injuries while serving time at military bases due to burning pit exposure, contact us at (833) LETS-SUE for a free consultation. Our attorneys are ready to fight by your side and stand for your rights as you have done for us.

Shoot house USMC Shoot house USMC

Camp Lejeune Justice Act | Help for Long-suffering Veterans Exposed To Toxic Chemicals

Written by MichaelEhline on . Posted in Service Related Cancer Blog.

Help for Long-suffering Veterans Exposed To Toxic Chemicals

Ultimate Guide to Understanding Camp Lejeune Justice Act

Service members, who were based at Camp Lejeune in south-eastern North Carolina from August 1, 1953, to December 31, 1987, have long been crying out for justice after being exposed to contaminated water at the camp.

After decades of being denied their rights to justice, there is hope, thanks to the Camp Lejeune Justice Act. This new legislation covers individuals exposed to contaminated water at Camp Lejeune and allows them to seek compensation for damages and injuries they suffered.

Thus far, the legislation has succeeded better than the last time it was voted on. Both the House and Senate have given it bipartisan support, and President Biden has publicly come out in full support to have the bill passed.

If you or any of your family members were exposed to Camp Lejeune contaminated water, you need to contact the highly experienced personal injury lawyers at Ehline Law Firm. We are dedicated to helping Camp Lejeune service members get the compensation they deserve using VA claims. But we may also help you find a lawyer in North Carolina for a PACT ACT claim. Call us now at (833) LETS-SUE.

What Is the Camp Lejeune Justice Act?

The Camp Lejeune Justice Act is designed to help contractors, veterans, non-military (civilian) workers, and family members exposed to contaminated water at Camp Lejeune file claims to recover damages for the harm they suffered.

While much progress has been made in bringing the victims justice, no claims can be made until the president signs the bill into law.

Early Efforts to Assist Affected Military Family Members

In the aftermath of Camp Lejeune water contamination and toxic exposure, a lot of efforts were made by former residents of the North Carolina Marine Corps base to seek healthcare benefits. Although exposure to poisonous chemicals has led to severe medical problems and even the death of many people, army vets and their families have been denied their legal rights to be compensated until now.

First Lawsuit

The wife of one of the Marines stationed at Camp Lejeune filed the first lawsuit in 2010 after she was diagnosed with non-Hodgkin’s Lymphoma.

Signing Into Law

The Honoring America’s Veterans and Caring for Camp Lejeune Families Act was signed into law by President Obama in 2012. This was the first big step, allowing some service members to be granted benefits after being exposed to toxic chemicals at the base.

List of Presumptive Conditions Announced

It was not until 2017 that the Department of Veterans Affairs announced a list of presumptive conditions and diseases. This resulted in many claims for healthcare benefits, many of which were denied.

The Combined Legislative Effort

The injustice of veterans exposed to contaminated water being denied the health care they needed spurred groups of people, including victims, lawmakers, and advocates, to work together to find a way to amend this unfair legislation.

This combined effort finally gave birth to the Camp Lejeune Justice Act. The legislation seeks to remove legal barriers faced by Marines and their families stationed at Camp Lejeune due to an anomaly in North Carolina Law.

Furthermore, the Camp Lejeune Justice Act says that anyone affected by exposure to contaminated water at the camp should file an administrative claim at the Eastern District of North Carolina district court.

Honoring Our PACT Act

The Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 addresses issues of presumption of service connection, resources, research, and health care for veterans exposed to toxic chemicals while on active duty.

After the bill enjoyed overwhelming support in the House and Senate, President Biden promised to sign the Honoring Our PACT Act into law.

Purpose of the PACT Act

The Honoring, Our PACT Act is more than just compensation for water contamination victims.

It will guarantee benefits to veterans who:

  • Where part of a toxic exposure risk activity
  • Served on specified dates in specific locations
  • Were deployed as part of a specified contingency operation.

Next Steps for the Camp Lejeune Justice Act

Before the bill can become law, the Camp Lejeune Justice Act will have to go through the following formalities:

  • Approval by Senate
  • Signed by President Biden
  • Implementation into law.

Common Injuries Suffered by Camp Lejeune Victims

The water contamination at Camp Lejeune exposed army vets and their families to severe conditions and diseases, such as:

  • Parkinson’s disease
  • Non-Hodgkin’s Lymphoma
  • Liver cancer
  • Lou Gehrig’s Disease (ALS)
  • Bladder cancer
  • Multiple myeloma
  • Kidney cancer
  • Miscarriages
  • Scleroderma
  • Neurobehavioral effects
  • Plastic anemia and other bone marrow conditions
  • Other undiscovered diseases.

Ehline Law Can Help You Seek Compensation

One of the best things you can do if you are suffering from any condition you think may have been caused by exposure to toxic chemicals and water at Camp Lejeune is to contact our law offices for a free consultation with one of our personal injury attorneys.

We can assist army vets with the following:

Determine Eligibility

The law is particular about the conditions you must meet to be deemed eligible to be compensated under the Act, such as the date and location of the supposed exposure.

Understand the Law

There are many benefits that the law offers to victims that you may not be aware of. One crucial fact that a good lawyer will know is that in this particular situation, the bill prohibits claiming specified immunity by the government, as is the case when a soldier is injured or killed while on duty.

Take Legal Action

Some cases may require an assertive attorney to fight for your rights, such as when a family member dies, and you have to make a wrongful death claim, which the government may try to deny.

Win Damages

Lastly, we can help you walk away with considerable settlements to cover the following damages:

  • Medical bills
  • Permanent disability
  • Wrongful death
  • Reduced quality of life.

Call Us Now!

The Veterans Affairs (VA) has set aside $2 billion for disability benefits for Camp Lejeune water contamination incident victims. If you think you are one of the intended recipients of these benefits, call Ehline Law today and let us help you get the justice you deserve.