by Ken Hummel » Fri Dec 21, 2007 12:35 pm
I have an interesting scenario, and with it in mind, I just wonder if this could be used in a claim as further information that the VA would have to consider if one would use it as evidence to prove Presumption of Exposure, no matter if one stepped on shore or not in the Republic of Vietnam.
Today, knowing what we and everyone else in the world knows about exposure to AO and other Dioxins, and as Congress has set forth for all of us who have been exposed and should be duly compensated for this exposure because we are sick, the issue of Presumption and the facts of exposure that are on wait with the Haas appeal at this time, should not even be an issue because of the earlier court ruling, and that ruling from the lower court should be upheld with no problem....with that in mind, I hope this makes it to the people that need to consider what this message has to say.
Now, the argument made in the Haas appeal hearing in November by both sides has come down to really one issue....what the VA can really do to screw all of us who are sick and waiting for this ruling, because they overstepped their boundaries after the courts denied them a stay to further their appeal of the Haas case last year. Because of that illegal gesture on their part, many of our lives have been placed on hold becuase they can do it, and there isn't a damn thing we can do about it but wait!
You and I know that because of our service to our Nation for the preservation of our Constituional Heritage and Freedoms that we enjoy as Americans, (or if I remember right), fighting communism at that time so they wouldn't come to our country, was a duty for most of us because we are Americans and that is what we had to do, no if and's or but's about it, cause the Government said so. OK, with that said, further on!!!
Now, our service had a guarantee to it...you fight the war, you get sick or die, don't worry we will take of you, and if you got killed, they would send your family money and bury you with great honors..... and there have been so many...."Attention on Deck---Hand SALUTE" to those who have sacrificed their all, and to those of us who will continue to fall because of our service...."At Ease".
OK sailor, back to the issue!
The VA is fighting the VN service medal and attacking with the boots on ground issue, but as the scientific evidence has shown, and as mother nature has played her part in this issue, and the studies that have been done by so many in Guam, Panama and Florida just to list a few, and the absolute attempt of the VA attorney argueing the Haas case to remove the mentioned Austrailian Study from the testimoney at the last moment, it is absolute proof that they know the presumption is evident beyond the boundaries of the Republic of Vietnam and her territorial waters.
As I mentioned in one of my previous post on this site, I believe that eventually it will come down that the VA is going to have to prove that we were not exposed, because, there were so many of us in so many places throughout our world on so many vessels, and the element of exposure is in such mass numbers at the time of the spaying of Vietnam, and the continuing exposure that is hidden in our vessels that so many of us have served on. I say this because of personal service and research of the possibilities of my own scenario.
I served aboard the USS Basilone DD824, better known as the "Dirty B", and I feel honored to have served aboard her as one of the last fighting ships that assisted in the ending of that long drawn out war that produced absolutely nothing but the loss of many great American's. However, this was not her only tour in Vietnam, as many other vessels of our United States Navy, and with this thought in mind, I researched my next duty station, USS Point Defiance LSD31, and I researched her service in Vietnam, continuious from 65-72. Now, with those many years of service, and her job as a transport ship, what where her duties, where was she at during the spraying, how much water did she make from the gulf, how many times did she see Guam, what did she haul as cargo?
My message I am trying to deliver here is simple, and with a toxin that apparently dosen't need much exposure to for long periods of time, again I suggest, how can the VA not prove exposure to anyone who has served aboard any vessel of the US Navy that has had any involvement of the Vietnam war. How can they attempt to use a structure as Boots on Ground to make a ruling in a case against any American who served in our military doing the job that they where ordered to do. Truly I believe, any ship, any rifle, any tank, jeep, canteen or person that was in Vietnam, made exposure possible for years to come for any of us, and as it looks today, this is not a false statement, this is why we are still here discussing this matter.