BVA– DM2 AND 55 GAL. DRUMS


Have you ever had a premonition that a 55 gallon drum near you might have Agent Orange in it? It happened to me a lot in SEA. In fact, they all had orange rings around them except for the ones with blue rings. We never used the word Agent though.

Imagine being out in the woods on maneuvers in western Washington and coming across some 55 gallon drums of “something” in 1973. This would be about 3,000 miles away from where any herbicide was used. You would automatically assume it had something to do with herbicides, though. Right? Even if it was lacking the telltale orange stripes. Dang. I wish I had ESP. I’d wouldn’t waste it on that business. I’d head to the casino.

Here, Dick Tracy determines there was definitely a link between those drums, herbicides and his DM2 38 years later. Brilliant.

The Veteran contends that he was exposed to 
Agent Orange in service.  At the Board 
hearing the Veteran testified that while 
stationed at Fort McChord in Washington 
State he was at a meeting at a remote 
edge of the base.  Near the meeting location 
there were large 55 gallon blue drums with 
a chain link fence surrounding them.  The  
Veteran testified that he did not know what 
was in the drums, "what is in those drums I  can't 
honestly tell you", but he contends  that it was Agent 
Orange.  He reported that he didn't think it 
was diesel as they were allowed to smoke.  
The Veteran testified that he was never told 
that Agent Orange was in the drums.  At the 
February 2010 local hearing the Veteran also 
testified that during the meeting he was 
near blue and white or green and white 
drums and that he did not know the contents 
of the drums, nor even whether they were 
empty or full.  The Veteran's contentions 
that the blue or green 55 gallon drums 
which he was in proximity to contain Agent 
Orange are unfounded.  The Veteran was 
never told what was in those specific 
drums, nor was he told that Agent Orange 
was stored anywhere on base.The Department 
of Defense has acknowledged that Agent Orange 
and other herbicides used in Vietnam were 
tested or stored elsewhere, including some 
military bases in the United States.  However 
there is no record of any herbicide storage 
at Fort McChord, Washington.  The only 
recorded storage or use of any herbicides 
in the state of Washington was in 1950 to 
1951 when Agent 2, 4-D was used in water 
studies in Prosser, Washington.Even assuming 
arguendo that Agent Orange was in the drums 
near the Veteran during the meeting, he has 
not argued that he was actually exposed to 
Agent Orange.  He does not contend that he 
touched any liquid or inhaled any fumes.  
The Veteran did not report touching the 
drums, or touching any liquid near the drums, 
or that the drums were opened and he breathed 
in fumes.  He does not even contend that 
areas of the base were being actively sprayed 
or that the contents of the drums were 
actively used, never mind that he was present 
in areas where any sort of spraying had 
occurred.
 http://www.va.gov/vetapp11/Files4/1138378.txt

About asknod

VA claims blogger
This entry was posted in AO, BvA Decisions, BvA HCV decisions, Frivolous Filings and tagged , , , , , , . Bookmark the permalink.

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