This document provides information about herbicide exposure claims related to service in Southeast Asia other than Vietnam. It discusses herbicide use in Thailand, the requirements for establishing exposure and service connection, and strategies for gathering evidence to prove exposure occurred near military base perimeters in Thailand. Specifically, it addresses using photographs, maps, buddy statements, and the veteran's own recollections and duties to demonstrate they were likely exposed to herbicides by serving near defoliated areas on base.
The Centers for Disease Control and Prevention (CDC) defines bioterrorism as "the deliberate release of viruses, bacteria, or other germs (agents) used to cause illness or death in people, animals, or plants” (Centers for Disease Control and Prevention [CDC], 2007, p. 1).
This presentation will cover the initiation, process and roles of agencies in Multnomah County, Oregon and their relationships with international, national and state agencies. The role of the public health department in relation to bioterrorism will also be explored.
The Centers for Disease Control and Prevention (CDC) defines bioterrorism as "the deliberate release of viruses, bacteria, or other germs (agents) used to cause illness or death in people, animals, or plants” (Centers for Disease Control and Prevention [CDC], 2007, p. 1).
This presentation will cover the initiation, process and roles of agencies in Multnomah County, Oregon and their relationships with international, national and state agencies. The role of the public health department in relation to bioterrorism will also be explored.
HISTORY YEAR 10: THE COURSE OF WORLD WAR 1. It contains: Sarajevo assassination, big battles, USA entering the war, the threat of Germany, Germany vs Britain, the Balkans, the system of alliances, 5 phases of WW1, the war of movement, the race to the sea, stalemate 1915, the war of attrition 1916-1918, the war of attrition blockades, the end of the war, the consequences of war, homework.
Navajo Nation Washington Office executive director Clara Pratte addressed the history and importance of the Navajo Code Talkers and their contribution to the United States at the U.S. Department of Agriculture. The event was held on Tuesday, Nov. 5, 2013 in observance of National Native American Heritage Month.
This presentation was made to outline the effects of the Civil war. In an attempt to achieve this I felt the need to have a broad scope of topics. I know this conflicts with my outline critiques, but I felt like this would allow for a more effective powerpoint; instead of fewer topics and more fluffed out ideas.
I heard about this contest from this website. Slideshare is a useful website for learning and sharing. I love it so much!
I join this contest because I believe that I have opportunities.
If i a winner, I will help the agent orange victims in my country
Thank for you support and don't forget vote for me!
.
HISTORY YEAR 10: THE COURSE OF WORLD WAR 1. It contains: Sarajevo assassination, big battles, USA entering the war, the threat of Germany, Germany vs Britain, the Balkans, the system of alliances, 5 phases of WW1, the war of movement, the race to the sea, stalemate 1915, the war of attrition 1916-1918, the war of attrition blockades, the end of the war, the consequences of war, homework.
Navajo Nation Washington Office executive director Clara Pratte addressed the history and importance of the Navajo Code Talkers and their contribution to the United States at the U.S. Department of Agriculture. The event was held on Tuesday, Nov. 5, 2013 in observance of National Native American Heritage Month.
This presentation was made to outline the effects of the Civil war. In an attempt to achieve this I felt the need to have a broad scope of topics. I know this conflicts with my outline critiques, but I felt like this would allow for a more effective powerpoint; instead of fewer topics and more fluffed out ideas.
I heard about this contest from this website. Slideshare is a useful website for learning and sharing. I love it so much!
I join this contest because I believe that I have opportunities.
If i a winner, I will help the agent orange victims in my country
Thank for you support and don't forget vote for me!
.
If this presentation wins, all proceeds will go to OrangeCarers group.
"The many people who suffer each and every day from the effects of Agent Orange have no such finish line. The children have--and never have had--any choices. Their entire lives are long, harsh and painful trips that only end when they die. In their eyes we see pain and loss and a total absense of hope. WE CAN CHANGE THAT!" orangecarers.com
I heard about this contest from slideshare
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
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Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
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Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
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Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. Southeast Asia Other Than Vietnam
February 28, 1961 – May 7, 1975 (note
the beginning date is different than the
Vietnam period)
800,000 military personnel serve in SEA
other than Vietnam
Thailand, Cambodia, Laos
1969 – more airmen in Thailand than
Vietnam
3.
4.
5.
6. Herbicide Related Claims
Substantial Literature
Vietnam Veterans of America – “Self Help
guide to Service Connected Disability
Compensation for Exposure to Agent
Orange
VVA Website (
www.vva.org/agent_orange.html)
VA website (www.public
health.va.gov/exposures/agentorange/index.
asp)
7. HERBICIDE USE
Vietnam – Tactical use to expose enemy
activity. (Aerial spraying of wide area)
Thailand – Defensive use to clear
vegetation on installation perimeter
Thailand Rules of Engagement – could
defoliate only within base perimeters
Applied directly on US installations
8. How Proof of Necessary Evidence
Established
Three steps to Service Connection
Event in Service
Current Disability
Medical nexus between the two
9. MEETING EVIDENTIARY REQUIREMENTS
Vietnam – presumption of exposure if
boots on ground 1/9/62 – 5/7/75
Thailand – No Broad Presumption
VA concedes some veterans were exposed
to herbicides
Special consideration for vets with duties
near or on the base perimeter.
10. Proving Exposure for Airmen
Serving at following
RTAFBs
U-Tapao
Ubon
Nakhon Phanon
Udorn
Takhli
Korat
Don Muang*
AND
11. Air Force Agent Orange Exposure
AND
• as an Air Force:
− security policeman
− security patrol dog
handler
− member of the security
police squadron, or
• Otherwise near the air base
perimeter as shown by
evidence of daily work
duties, performance
evaluation reports, or other
credible evidence?
12. Army Serving at AF Bases
The VA M21R, used to adjudicate
claims,used to state:
Must affirmatively state had duties near air
base perimeters.
But only if there is additional credible
evidence supporting statement.
13. Vets serving on Army Installations
Members of military police units, OR
Who held MP MOS, AND
Who affirmatively state duties placed
them at or near base perimeter.
statement showing involvement w/
fenced-in perimeter security duty, and
additional credible evidence supporting
this statement
14. VA’s Confusion Between Presumption
and Direct Evidence
Frequently VA will find lack of evidence
to apply the presumption and deny.
Unavailability of presumption cannot
result in per se denial.
Veteran has the opportunity to prove
exposure through Direct Evidence.
15. Presumption v. Direct Evidence
Presumption requires “positive
association.” 38 U.S.C. §1116(b)(3)
Direct Evidence requires “as likely as
not” test. 38 U.S.C. §5107(b)
Stefl (21 Vet. App. 120 (2007)
availability of presumption for some
conditions cannot preclude direct
connection of others.
16. Legal Foundation for Your Argument
Review available VA Legal Resources
Comp & Pen Service Bulletin May 2010
VA Fast Letter 09-20
M21-1MR, Part IV, Subpart ii, Chapter 1,
Section H 5: (
http://www.benefits.va.gov/warms/topic-compensation
)
BVA decisions – not precedential but can be
persuasive if fact patterns similar. See: 38
C.F.R. §20.1303 (
http://www.index.va.gov/search/va/bva.jsp)
17. Case law
What is the veteran competent to tell
VA:
Jandreau, 492 F.3d 1372, 1376-77 (Fed.
Cir. 2007)
Buchanan, 451 F.3d 1331, 1337 (Fed. Cir.
2006)
McLendon, 20 Vet. App. 79, 84 (2006)
18. Thailand Specific References
CHECO Report – Base
Defense in Thailand
Three Ring Defense
Exterior perimeter
Middle/secondary
Close in
Page 58 - mentions
herbicide use
Page 64 – mentions
rapid jungle growth
Page 67 – herbicides
could only be used
within perimeter.
19. Army Field Manual 3-3
Tactical Use of Herbicides (December
1971)
Paragraph 5-2: Ground
Dissemination Systems
Sub-Paragraph 5-2 (d)
states: “A 500 meter
buffer distance should
be maintained to avoid
damage to desirable
vegetation near the
target.”
This is measured from
the point spraying
stopped.
How about “desirable
personnel” near the
target?
20. Current Policy Flawed
Limits covered personnel by duty
location and military specialty.
Focuses on duties “near” the perimeter.
Term not defined.
Ignores many other reasons to be “near”
perimeter.
Some small bases, everywhere is “near”
the perimeter.
21. Proving Your Case
Issue is not about presence in Thailand
Issue is not about use of herbicides
Issue IS about exposure, i.e. being near
the perimeter.
22. Evidence to gather
Prepare specific
statement of
Veterans Duties
and Locations
Buddy statements
(Statements of
other credible
evidence)
Photos
maps
23. You are your own historian
Every service member in SEA bought:
A Seiko watch
A Stereo
And a CAMERA
Go through old photos
Have buddies go through old photos
Search base/unit web pages
Google a particular base
24. What to Look For
Photos near the Perimeter
Athletic/recreational areas. Many were
located on the outer edges of
installations.
Evidence about off duty activities. Many
jogged on perimeter roads because it
was a good running path. (And no one
told us not to)
25. Korat Example
Veteran served in
Korat from 74-75
He was a food
services supervisor
Lived near perimeter
Coached softball to
the local children
38. Ratings
The rating system is designed to
compensate a veteran based on how
much time the veteran lost work due to
his disability
38 CFR 4.1 states that a rating is correct
when it reflects the “loss of working time
from exacerbations or illnesses
proportionate to the severity of the
several grades of disability.”
39. Effective Date
Rule: only go back to date that current
claim was filed
In this situation, you can go back to the
date of the earliest claim filed for these
benefits
VA admits that Checo report was not
available to veterans that previously had
filed clailms
Editor's Notes
VA C&P notice
The veteran gets a presumption of exposure only if he served in the capacity of a dog handler or security personnel
These cases stand for the proposition that VA cannot dismiss a veteran’s statement on issues he is competent to report.