# Dear Congressman Filner



## Rocky (Jun 29, 2009)

From: Sp5kelley2nd94th@aol.com [mailto:Sp5kelley2nd94th@aol.com] 

Subject: Good Morning Congressman Filner



Good Morning Congressman Filner,

Congratulations to you and your staff and the HVAC on the bills that were passed on the 23rd of June 2009.  All Veterans and Veterans families appreciate your efforts in these particular issues.  

However, as you know more needs to be done to resolve the real issues of Veterans versus the representative of the United States Government federal agency the Department of Veterans Affairs and its poor performance and very adversarial philosophy and what must be considered, even though amnesty was given, criminal actions.

Recently in several articles it was announced that Veterans Affairs backlog is now approaching the 1,000,000 claim count. 

http://ourvoice.legion.org/story/1840/body-count-processing-must-end-va

This is not a new story to languishing Veterans/Widows of “all eras.”  Promises of improvement for at least four decades have not been met with untold millions spent on what was solution after solution or excuse after excuse.  It continues… never ending. Within the link I doubt that the war veterans of today returning are the sole reason for this 400,000 claim increase.  It is doubtful that many have served with the same 150,000 or so going back time after time.

Congressman Hall indicated he was confident that things would get better since Veterans Affairs had been provided the tools to do so.  I can assure you and Congressman Hall we (Veterans and Widows) do not share that same confidence.  Not with the historical track record of Veterans Affairs and the millions wasted with no improvements over decades.  Spending millions over 40 years to get a fourteen day reduction in claim processing is not what anyone would consider efficient.

Even one of our main Veteran Service Organizations is publically speaking out.  Whether this is and honest outcry or just what the American Legion expects its dues payer would want is the real question.  As you know, I have stated several times my opinion of the major VSO’s and their connection to VA and the VA emissaries  demanding they support this bill or not support this bill is probably a direct conflict of interest at national level.

We have suggested that the system used at present is not representative of any known legal system with some Veterans approved and some denied in the exact same case with the only difference being the case number and the name of the Veteran or Widow.

This would be like two different people committing the identical federal crime and one gets jail time while the other gets a pass.  Throw in race or religion or legal citizen status and it becomes a media blitzkrieg.  For Veterans/Widows there is neither outrage nor cry of injustice by our media which seems to be afraid of the Department of Defense and Veterans Affairs.

Former Congressman Bernie Sanders (now Senator) is the only Congressional Member I have seen on National Broadcast Media that even made reference to how horrible our government treats its own Veterans.  This was on the O’reilly Factor show.  Of course Mr. O’reilly and his personal first hand decades of dealings with Veterans Affairs and his personal first hand knowledge of the facts we presented just stated it was not true and shut him up.  Even “Fair and balanced” does not apply to Veterans and Veterans Issues or so it seems.    

Apparently, either no one in Congress is listening  or no one cares for our proposal of those claims in your office as associated to Agent Orange that are approved after years of litigation then all such similar claims should be automatically approved since they are one in the same.   To not do so makes little if any sense; except for budget control.

I believe in your office after or during our presentation you stated that these herbicide claims would be approved and that Vietnam Veterans have waited long enough.

The evidence that I and Mr. Eckstein presented in person concluded:

·         Political interference in government sponsored studies associated with Agent Orange has been the normal, not the exception. In fact, there had been and continues to be a systematic effort to suppress critical data or alter results of what alleged tax payer sponsored scientific studies were meant to find.   We cited and provided many evidentiary data points, concluding the very same.

·         We concluded this interference of what must be considered POLITICAL COVER-UPS was the same as Veterans involved with LSD, Mustard Gas and Bio-toxins, Project 112, Herbicide Veterans, and the latest at that time the Gulf War Veterans.  Many dying from such treatment as well as being disabled from service connection.

·         That the time had come to with the evidence available an opportunity to finally right a SIGNIFICANT NATIONAL WRONG DOING committed against Veterans/Widows/Offspring.

We are still waiting and while we die or become increasingly disabled not service connected Veterans and their Widows are still waiting for Congress to so something and right this egregious wrong and certainly a National Disgrace.

In some forums you have stated that there is little Congress can do with Veterans Affairs.  WE VEHEMENTLY DISAGREE.  

In 2000, VA’s Dr. Susan Mather under oath testified when coming to the aide of Dr. David Butler IOM Agent Orange Study Director who refused to answer the question as to what level of association was required even though the IOM was supposed to be already doing this for at least 12 years stated; …Congress gave the Secretary of Veterans Affairs that charge IN Legislation, in which he took the reports that the IOM gave him and made policy decisions.  Given the above context of the testimony and the refusal under oath of Dr. Butler one would think that maybe VA had and still has more power over what comes of out IOM than we would like to think or even imagine.

If Congress through legislation gave this single Executive Branch agency that much power then Congress with any character and fortitude at all can take away that power by amending that legislation and have someone else that is not associated with the defendant (Executive Branch) in any way shape or form make those decisions.  Or just demand the diseases and disorder listed are automatically found service connected.

As you know there has been millions of dollars spent on Disability Commissions one after the other; in some cases running simultaneously.  Very little was accomplished. In fact, the one I was associated with seemed to run by Veterans Affairs and was not independent.

In that context, if this unbelievable power Congress gave to the defendant can be revoked by legislation then the same type commission could be convened.  Now with Herbicides Veterans dying rapidly more disabled and more widows seeking their rightful Disability and Indemnity Compensation this would have to be done with already experienced and knowledgeable scientists in order to expedite the process.  These men and women can no longer afford a learning curve. 

If we are not going to look at what is already been approved by Board of Veterans Appeals and prudently approve all similar cases for all then this commission that must be independent from Veterans Affairs could be an alternative to stop this abuse once and for all.

However, Veterans must be represented in this commission which has been totally ignored in other studies.  Not in the context of voting maybe but still privy to all meetings and decision making processes.  One scientist on the Ranch Hand Commission told congress that no one told him he was supposed to be representing the Veterans.  So this must be done and made clear.

Those already familiar with the issues and possible outcomes and valid studies that Veterans would support to make an honest assessment and conclude issues that are “at least as likely as not”.  That, according to the Dioxin and Standards Act of 1984 is all that is required by Congress for the Veteran or Widow to be associated in this 60 year old scientific nightmare and the many unknowns of dioxins, furans, and PCB’s?

·         Dr. Linda Schwartz – not sure where she is now

·         Dr. Mary Paxton – Institute of Medicine

·         Dr. Linda Birnbaum – National Institute of Health (formerly EPA)

·         Dr. Arnold Schector – Southwestern

·         Dr. Ronald Trewyn - vice provost of research Kansas State University

·         Dr. Wayne Dwernychuk – Sr. Science Advisor Hatfield Consultants – Canada

·         A few medical doctors should also be involved that recognize the impacts of herbicides 

·         Plus a few others



Veterans’ representation would be well served by Marine Paul Sutton and Mike Eckstein both of whom were heavily involved in the New Jersey Agent Orange Council and continue to document and study the studies and their outcomes.  Another member should be John Rossie of the Blue Water Navy Veterans.



This could be done in a relatively expeditious manner.   Otherwise the Executive Branch and Veterans Affairs get what they have been working on…stall and minimize until the campaigning army all die.



Although, with the latest in generational Agent Orange follow on problems that are even being documented by government independent entities such as the Ford Foundation funded report they may have succeeded in one task; but the other task of generational birth defects may even out live them and their legacy to rewrite medical history, the shame of herbicide usage, and yes a National Tragedy of government collusion.



John Rossie whom you know; has found data that clearly indicates the United States Senate in talking with the President 1969 included the use of 2,4 –D, Picloram, 2,4,5,-T, and arsenic acid  in the context of Biochemical Warfare; not just some commercial weed killer.



We have presented evidence many times in person and in writing sent to Congress that the following medical issues are at least as likely as not associated to Military Service and/or Combat Military Service for the Herbicide Veteran:



Based on increased risk of incidence, significant correlation, and yes even associated at causational findings at least the following:



Non-Hodgkin’s lymphoma, Chloracne and other skin disorders created by the damaged immune system, lip cancer, bone cancer, soft tissue sarcoma, birth defects (physical and mental), skin cancer, porphyria cutanea tarda family of disorders and other liver disorders (such as biliary disorders), Hodgkin’s disease, hematopoietic diseases, multiple myeloma, neurological defects {such as neuropathy (any form and its effect on the autonomic nervous system), and CNS cognitive disorders and deficits}, autoimmune diseases and disorders (defined and undefined medical codes), lipid metabolism disorders, leukemia, lung cancer and forms of obstructive airway diseases (COPD), kidney cancer, malignant melanoma, pancreatic cancer, stomach cancer, colon cancer, nasal/pharyngeal/esophageal cancers, prostate cancer, testicular cancer, liver cancer, brain cancer, neuropsychological effects (sometimes labeled as PTSD), gastrointestinal diseases and disorders, amyloidosis (primary, secondary), macroglobulinemia (in any form), forms of  osteoporoses and/or bone or bone density loss due to vascular necrosis, spondylosis, radiculopathy (including herniation of the nucleolus pulposus), brain atrophy, brain infarction, ischemic heart disease, hypertension, vasculopathy, vascular diseases, valvular heart disease, MS, and Parkinson’s.  All cancers and smoldering cancers



FYI … at our last Battalion Reunion we had a former member of a female trio perform for us that sang in Vietnam for the troops.  She also was the last member alive as the other two die from Agent Orange presumptive cancers.  



Many have paid the price of government arrogance, government cover-ups, government interference and go unrecognized to that association of arrogance and the enormous resources our own government has put forth to make sure that these government created deaths and government created disability are never recognized.



I would suggest either Congress do something NOW/Immediately to right these egregious wrongs or find a new line of work.  As you clearly stated Vietnam Veterans/Widows have waited long enough.



It does not pay to be a Veteran/or Veteran’s Widow of the United States of America ; not with the past and present Congress.  



Thanks again congratulations on those bills that were passed. 



Charles Kelley

Snellville, GA


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## Reloader (Jun 30, 2009)

Good luck with the continued fight, mate.


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