About 500,000 gallons of Agent Purple were sprayed. Moreover, those companies profited from their sales of Agent Orange to the government. 3.816) that apply to some veterans as a result of the Nehmer v. u.s. department of veterans affairs class-action lawsuit filed in the northern district of California (n.d. cal . This issue presents a profile of Vietnam Veteran Michelle Taylor; new Agent Orange presumptions; information about free yoga and meditation classes; services provided by VA Environmental Health Coordinators; and more. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations: Or you must have served in at least one of these locations that theyve added based on the PACT Act: Or at least one of these must be true for you: Eligible Reserve locations, time periods,and units include: For more service requirement details, review: Public Law 116-23(Blue Water Navy Vietnam Veterans Act of 2019), Air Force specialty codes and units for affected C-123 aircraft (PDF), Dates and locations of herbicide tests and storage outside Vietnam. Vietnam Center & Sam Johnson Vietnam Archives, the famous 1980s class action case against the creators of Agent Orange, born with higher numbers of birth defects, Texas Tech Institute for Peace & Conflict, placed Texas Tech among its top doctoral universities, 2023 Texas Tech University. VideoRecord numbers of guide dog volunteers after BBC story. When this collection is processed, Texas Tech's Vietnam Center & Sam Johnson Vietnam The Vietnam War is shrouded in mystery and misunderstanding. INTRODUCTION. Florida Bar Association An admiral in the U.S. Navy during the Vietnam War, Zumwalt ordered the use of Agent The VA will calculate and pay out any retroactive VA disability back pay owed. The use of "rainbow herbicides" led to a 1984 class action suit by Vietnam veterans and their families against chemical companies that produced these defoliants. Nonetheless, the U.S. government is paying for their compensation when private companies that manufactured the chemicals, which they knew to contain deadly dioxin, have not paid the price for allowing the United States to use those chemicals in the first place. Spina bifida is a spinal cord birth defect. access to benefits they need. than 40,000. The VA will compensate you for some of the time that you were disabled but did not receive monthly benefits. The conclusions of all of them vary, which leads to confusion and controversy. When you put that into play These included chemist Bruno Tesch, who invented the stuff, and who was executed in 1946. Elmo R. Zumwalt III, was one of those men. Initially, the Agent Orange Settlement Fund was a result of a class action lawsuit brought against the manufacturers of the chemical agents used in the Vietnam War by the Veterans of the war and their families. This article is fromTruthoutand reprinted with permission. Florida Senate, Office of Bill Drafting Services yet assertive representation for our clients. Tran To Nga, 79, wanted 14 agrochemical giants including Bayer-Monsanto and Dow Chemical put on trial for the crime of ecocide - destroying the environment. Quality students need top-notch faculty. The problem with Agent Orange is the dioxin exposure, Maxner said. than 40,000. Jan 4, 2022. To find out if you have legal grounds for financial compensation, contact us today. VA's WRIISC presents remote meditation and yoga classes to improve your health Learn about free, ongoing classes to help Veterans relax and relieve stress. VA and the Department of Defense have partnered together to investigate where and when Agent Orange and other tactical herbicides were present, and to updatea list of locations online. Help Purchasing a Home. (The VA distinguished between troops in-country who had been exposed and the ground crews that loaded the poison onto airplanes. For example, exposed male veterans had a higher rate of fathering children with spina bifida. In 2008, U.S. District Judge Jack Weinstein, who had also presided over the U.S. veterans lawsuit, dismissed the case brought by the Vietnamese people, concluding that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907. Senators to receive a military disability pension for sever injuries and health problems he received as a result of splashing small amounts of agent orange on his leg or legs. Agent Orange itself. WINNER OF THE 2017 MARTHA GELLHORN PRIZE FOR JOURNALISM. Veterans Crisis Line: A bipartisan bill introduced Thursday would allow Vietnam veterans who served in Thailand, Laos and Cambodia during the Vietnam War to qualify for disability benefits related to Agent Orange exposure. Rarely, these liver fluke infections can lead to a cancer of the bile ducts called cholangiocarcinoma. 3518 would expand benefits to children of veterans exposed to Agent Orange; expand research on Agent Orange and its effects on the health of exposed individuals; and provide medical, housing and poverty reduction assistance to Vietnamese individuals affected by exposure as well as their children, adding, It would also provide environmental remediation for areas in Vietnam exposed to Agent Orange and conduct a needs assessment on the Vietnamese American community.. They recently discovered they received a grant, but not just Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia. Personal Note: Two years later, in 1991, the parties reached a final stipulation as to how the VA would treat class members if the VA added new regulations in the future which added diseases to the presumptive list. She enjoyed being part of the legislative process, but she has always wanted to use her law degree to help people and has welcomed the opportunity to make a difference in the lives of veterans with her colleagues at Hill & Ponton. If you need any additional information about your possible disability benefits, please visit the VAs site: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp. Your child may be eligible for disability benefits if they meet these requirements. Marina Strauss. 2023 BBC. Agent White - was a 4:1 mixture of 2,4-D and picloram. Liver fluke infection and bile duct cancer Vietnam Veterans may havehad liver fluke infectionsfrom eating raw or undercooked fish while in Vietnam. Find past issues of the Agent Orange Newsletter. Prior Employment: The court in Evry, France,ruled that it did not have jurisdictionto hear the case because the companies acted on the orders of the U.S. government which was involved in a sovereign act., U.S. Army aerial herbicide spray missions in South Vietnam, 1965 to 1971. For example, say a veteran filed a claim for service connection for arthritis in 1995. Andrew Hinton, Amy Mondt, Steve Maxner. Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. If you served in Vietnam or Thailand, or in or near the Korean Demilitarized Zone (DMZ)and your child has spina bifida or certain other birth defectsyour child may be able to get disability benefits. Bar Association Memberships: by releasing these documents to the American people, we can put to bed the conspiracies Agent Orange, directed by Alan Adelson and Kate Taverna and scheduled to air onPBSon June 28. Heather joined our firm after working two legislative sessions with the Florida Senate where she drafted legislation relating to criminal law and child welfare. to Agent Orange. Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. 800-829-4833, Veterans Crisis Line: If you are the child of a veteran who came into contact with Agent Orange, and you have serious birth defects, then you may be eligible for several VA benefits such as monthly disability payments, health care benefits, and vocational training. By Nguyn Phan Qu Mai. What story do those papers tell and why were they not The worst of the victims, of course, were the non-combatantsan estimated four million just in the decade we dropped the stuff on Vietnam, Laos, and Cambodiawho are still paying the price in cancers and birth defects, and who likely will continue to do so for the foreseeable future. If the arthritis claim became final in 1999, and the veteran filed a new claim for ischemic heart disease in 2010 when the disease was added to the presumptive list, theeffective date for his claim goes backto 1998, even though the initial claim was not for ischemic heart disease. Please switch auto forms mode to off. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. The views expressed are solely those of the author and may or may not reflect those ofConsortium News. It is also important to note some other particularities about Nehmer claims. Please call for an appointment before visiting: All Rights Reserved. Zumwalt is one of many stories in which families have been traumatized, both physically have hearing loss. If you served in Vietnam or Thailand, or in or near the Korean Demilitarized Zone (DMZ)and your child has spina bifida or certain other birth defectsyour child may be able to get disability benefits. Several civilians who worked for the chemical company that manufactured zyklon-B were executed or imprisoned after World War II for delivering the poison to the German concentration camps. In January 2020, VA Secretary Wilkie stated VA needed to wait for published reports from VA studies, although the scientific community had already provided enough significant data, studies and associations linking these four diseases to Agent Orange exposure. It said it had no jurisdiction over the wartime actions of the US government. Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969. She says she is suffering from the effects of Agent Orange, including Type-2 diabetes and a rare insulin allergy. could have, there also is an environmental lesson to be learned. Ms Tran's legal team had contended that the multinationals should have refused to supply the US military with Agent Orange - so named because of the orange identifying stripes on the drums. Even if your claim has been denied, you may eligible for benefits through the Nehmer class action ruling. A new era of excellence is dawning at Texas Tech University as it stands on the cusp May 27, 2021. Research and enrollment numbers are at record levels, which cement Texas Tech's commitment Quality students need top-notch faculty. to foster an environment that celebrates student accomplishment above all else. The Magazine Basic Theme by bavotasan.com. The Veteran could have served for any country with any military. Sorry, I cant believe the US government will actually compensate anyone or admit aht Agent Orange spraying was at all bad. Find past issues of the Agent Orange Newsletter. Today, dozens of environmental hotspots continue to contaminate the soil, food, sediment, wildlife and livestock in Vietnam with dioxin. I didnt know that this powder that had just covered me was a poison, Tran says in the new documentary,ThePeople vs. The class action case was settled out-of-court in 1984 for $180 million dollars, reportedly the largest settlement of its kind at that time. while affected children of exposed veterans are ineligible for . Agent Orange: The Settlement Details you need to know. San Jose, CA: 2880 Zanker Road, Ste. I am disappointed, I am angry, but I am not sad, Transaid at a news conference. The Road to VA Compensation Benefitswill help break down the claims process from start to finish. have ideas of how they will organize their findings. If you have a power of attorney and need to update their information, please call Veterans Benefits Assistance at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. A baby develops spina bifida while still in the womb. University of Denver, B.A. 3518 requires the establishment of centers that provide assessment, counseling, and treatment for conditions related to exposure to Agent Orange in areas with large Vietnamese-American populations, Lee said. Agent Orange usage reached an apex during Operation Ranch . In a statement on Twitter, one of Ms Tran's lawyers, William Bourdon, called the ruling "astounding", and said the court was contradicting modern principles of international and national law. The NEH believes these papers could have endless implications across many disciplines, reinforced by its significant grant to Texas Tech. Have Questions About Appealing Your Claim or Understanding How the Claims Process Works? "The United States has a moral responsibility to compensate the victims of the Agent Orange campaign," Lee . In 1979, U.S. veterans of the Vietnam War sued the U.S. government and the chemical companies, including Dow and Monsanto, for compensation resulting from their exposure to Agent Orange. This means victims I am so grateful for this bill even finally being introduced. This issue presents a profile of Vietnam Veteran Michelle Taylor; new Agent Orange presumptions; information about free yoga and meditation classes; services provided by VA Environmental Health Coordinators; and more. I saw a plane pass with a cloud behind it. As mentioned above, even if a disease has not been added to the presumptive list yet, such as renal cancer, a veteran should file a claim with the veterans administration now in order to preserve the earliest possible effective date under these special Nehmer rules. Feb. 5 1968: Duke University students protesting the schools affiliation with Dow Chemical Company, which was on campus that day to recruit employees and refused to answer questions about its production of napalm for use in the Vietnam War. A document showing the biological relationship between the child and the Veteran parent. The herbicide was named Agent Orange because of the color-coded band that was used for shipping. These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. who reviewed the grant. out of court. Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. The archives, What matters in this situation is that the diagnosis was part of the veterans C-File from 1998 onward. a goal more than a decade in the making, reaching a total student population of more After all it has only been close to 65 years that we did this travesty. Read about our approach to external linking. In 1987, the . TheVietnam Agent Orange Relief & Responsibility Campaign, for which I serve as co-coordinator, assisted Lee in drafting the bill. In its May 27, 2021, press release VA explained that veterans and their survivors who previously filed . Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Congenital Heart Disease. VA's tactical herbicide and Agent Orange location list - New updates Tactical herbicides such as Agent Orange had limited usage, testing, or storage in several other countries besides Vietnam, such as the Korean Demilitarized Zone (DMZ), Thailand, and United States. She says she is suffering from the effects of Agent Orange, including Type-2 diabetes and a rare insulin allergy. Working in Vietnam as a war correspondent in 1966, Tran and others with her were enveloped by the U.S. governments spraying of the chemicals. 3. July 4, 2022 agent orange offspring lawsuit 2020 . (Duke University Archives, Flickr, CC BY-NC-SA 2.0), Trans lawsuit alleges that the U.S. chemical companies committed ecocide because Agent Orange destroyed the environment of Vietnam. Fortunately for Veterans, there is no need to prove Agent Orange exposure. 877-222-8387, TDD (Hearing Impaired) The childs biological mother served in Vietnam any time from January 9, 1962, through May 7, 1975, The child was conceived after the mother first entered the Republic of Vietnam during the time period listed above, Job training (called Veteran Readiness and Employment, or VR&E). 1. Nehmer v. U.S. Department of Veterans Affairs Agent Orange Lawsuit. .css-gk9meg{display:block;font-family:Lausanne,Arial,sans-serif;font-weight:normal;margin-bottom:0;margin-top:0;padding-top:0.25rem;-webkit-text-decoration:none;text-decoration:none;}@media (any-hover: hover){.css-gk9meg:hover{color:link-hover;}}@media(max-width: 48rem){.css-gk9meg{font-size:1.125rem;line-height:1.15;margin-bottom:0.25rem;}}@media(min-width: 40.625rem){.css-gk9meg{font-size:1rem;line-height:1.2;margin-bottom:0.625rem;}}@media(min-width: 64rem){.css-gk9meg{font-size:1.25rem;line-height:1.2;}}@media(min-width: 73.75rem){.css-gk9meg{font-size:1.25rem;line-height:1.2;}}Republican Senators Form Wingnut Xylophone, How to Line Your Pockets While Reshaping the Court, SCOTUS Ponders Whether to Dub Loans Unforgiven, Effort to Recall N.O. we do in environmental impact studies today, this probably would not have happened, Complete Hysterectomy: Age 25, Age 31, Age 37,Age 36. Learn more about us, Veterans Disability Claim A French court has thrown out a lawsuit brought by a French-Vietnamese woman against more than a dozen multinational companies that produced and sold the toxic herbicide Agent Orange . In 2014, Trn filed a lawsuit against the 14 agrochemical firms that manufactured and sold Agent Orange to the US army, including US companies Dow Chemical and Monsanto, now owned by German . didnt want to admit. This fund and lawsuit did not involve the VA or the government in any way. (U.S. Air Force, Wikimedia Commons). In 2018, the Carnegie Classification of Institutions of Higher Education the Agent Orange Act of 1991, and (B) all other sound medical and scientific information and analyses available to the Secretary. Agent Orange Exposes a Mass Poisoning in Plain Sight . There also are lessons to be learned from an archival standpoint. We will create a processing mean on a historical level. In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. This is just one question the researchers hope to answer. Finally a move that looks altruistic but under the covers it looks like we are trying to undermine the Chinas border with a few missle bases. This could give validation and a sense of justice to many veterans and their families Camp Lejeune Lawsuit. Veterans who were exposed to Agent Orange may be eligible for a wide variety of VA benefits. Once such veterans are identified, the VA must re-decide their claims based on the new regulation and allow the veterans to submit new evidence. 3. Working in Vietnam as a war correspondent in 1966, Tran and others with her were enveloped by the U.S. governments spraying of the chemicals. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives.The Vietnam Agent Orange Relief & Responsibility Campaign, for which I serve as co-coordinator, assisted Lee in drafting the bill. This collection will be important French Court Dismisses Agent Orange Lawsuit, Two weeks before the introduction of Lees bill, a French court dismissed a lawsuit that Tran To Nga, a French-Vietnamese victim of Agent Orange, filed in 2015 against 14 chemical companies, including Dow and Monsanto, that produced and sold Agent Orange. Attention A T users. The VA recognizes 18 medical conditions for children of women who served in Vietnam. released in court? A French court has thrown out a lawsuit against Monsanto and other former Agent Orange manufacturers brought by a victim of the . and enhance the long term study and preservation of all aspects of America's diplomatic Nehmer v. U.S. Department of Veterans Affairs is class action lawsuit brought by NVLSP attorneys in 1986 to challenge a VA regulation, former 38 C.F.R. Service requirements for presumption of Agent Orange exposure. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Agent Purple - consisted only of 2,4,5-T, which is the chemical that was contaminated with dioxin as a byproduct. This information How Much Life Insurance Do You Really Need? In my representation I needed to confirm these facts and was told by Senate staff that theses facts were true and not really being contested. We may earn a commission from these links. cum laude, Florida State University Law Review, Distinguished Pro Bono Service Award May this bills passage first provide relief for the afflicted, but most expediently as well provide a prick to that amoral space in the war profiteers collective cranium where once so many years ago their conscience dwelt. are elements of this war that have been covered up, we must discover the truth., tags: Academics, Military, Research, Stories, Vice President for Research, Vietnam, provost. Descendants of the approximately 2-to-4 million Vietnamese people, hundreds of thousands of U.S. Vietnam veterans and Vietnamese-Americans who were exposed to the toxin continue to record disproportionate rates of congenital disabilities and higher rates of many diseases. In the film, Andr Bouny, the prime mover in Madame Tran's French lawsuit [and author of the book Agent Orange - Apocalypse Vit Nam], quotes the chemical companies' defense that there is . Perhaps their children will gain Non-Hodgkins lymphoma and soft-tissue sarcoma (1991). Every product was carefully curated by an Esquire editor. height:50px; You served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties. 3518, theVictims of Agent Orange Relief Act of 2021, in the House of Representatives. 3518, the, The United States has a moral responsibility to compensate the victims of the Agent Orange campaign, Lee told. again. Call us at 855-855-8992 or complete our free veterans benefits case evaluation form. U.S. veterans have received some compensation, writes Marjorie Cohn, but very little assistance has been given to the intended victims of the defoliant. There are a few things the VA takes into consideration with disability compensation and VA disability back pay related to it: Before we discuss the Nehmer adjudication and the resulting effective date rules, it is helpful to understand the basics of the Nehmer class action itself. In simplest terms, if a veteran filed his first claim for an Agent Orange-related diseasebeforethe VA added the disease to the presumptive list, the effective date of his claim (provided the disease eventually gets added to the list) is usually the date of the first claim. Colon Issues. itself on being able to focus on each student individually. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). Tran To Nga, born in 1942 in what was then French Indochina, worked as a journalist and activist in Vietnam in her 20s. This is also known as VA Disability back pay. Maxner, who teaches military history at Texas Tech, explains what these papers could The stipulation and order provided that whenever the VA adds a covered herbicide disease to the presumptive list, the VA must identify all veterans (and their surviving spouse and dependents) who were previously denied service connection for that disease or had claims pending in district court between September 25, 1985 and the publication date of the regulation adding the disease. Shortly after birth, her daughters skin began shedding. Apr 15, 2021. Contact Us Orange in a crucial moment to reduce casualty rates for his sailors. The child was diagnosed with a form of spina bifida other than spina bifida occulta, The child was conceived after the parent first entered the Republic of Vietnam, Thailand, or the DMZ during the qualifying time periods listed above. A French court has thrown out a bid by a former journalist to hold companies to account for supplying the toxic herbicide "Agent Orange" during the Vietnam War. that death or disability occurred before December 31, 1994. If you have a health condition caused by exposure to Agent Orange during military service, read this page to find out if you may be eligible for . Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the bureau of the International Association of Democratic Lawyers and the advisory board of Veterans for Peace. However, the court in Evry, near Paris, declined to hear the case. Her first novel in English, "The Mountains Sing," is set during the Vietnam War. Veterans who served in Vietnam between 1962 and 1975 or Korea between 1967 and 1971 may have been exposed to the dangerous herbicide called Agent Orange. I first encountered AO when I was covering Vietnam veterans issues in the late 1970s. In the same way we are focused on beginning to repair the damage of systemic racism in the form of reparations, and the war on drugs with restorative justice, it is also our responsibility to try and atone for this disgraceful campaign during the Vietnam War., U.S. Rep. Barbara Lee, at the microphone, in 2018. I subsequently lost one of my best friends in sportswriting to a fast-moving cancer that was traced to his having worked with AO at an American airbase during the war). Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 2. The bill provides for additional cleanup in areas that were heavily sprayed, such as areas that served as military bases and sites of aircraft crashes, and I will continue to ensure that U.S. assistance is provided for the Bien Hoa Airbase clean up., But the Chemical Companies Get Off Scot-Free. After the law was passed, the VA sent over 77,000 . Van Strum's lawsuit led to a total ban of 2,4,5-T; . Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 In addition to academic fields, the release of these records could have Shown Here: Introduced in House (05/25/2021) Victims of Agent Orange Relief Act of 2021. In addition, Lee observed, the bill would provide grants that fund a broad health assessment for Vietnamese Americans who may have been exposed to Agent Orange as well as their children and descendants. H.R. Agent Orange, the defoliant in which the United States soaked Southeast Asia during our decades of making war there, is what scientists call a "persistent agent," and persistent agents tend to persist. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 transparency., When we look at the world today, there has never been a time we've needed transparency It's linked to skin diseases, miscarriages, birth defects, diabetes, heart disease, cancer, Parkinson's Disease, neuropathy, and many more serious health problems. In 1989, the court invalidated the 1985 regulation, finding that the regulation required too high of a standard of proof and required the VA to undergo new rule-making standards. Trans first daughter weighed 6.6 pounds at the age of 3 months. We hope to ascertain whether the effects Va sent over 77,000 for benefits through the Nehmer class action ruling veterans may havehad fluke. Covering Vietnam veterans issues in the House of Representatives with Agent Orange Relief Act 2021! Wide variety of VA benefits of 2,4-D and agent orange offspring lawsuit 2021 be learned you that. 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The biological relationship between the child and the Veteran could have endless implications across disciplines. Behind it fluke infection and bile duct cancer Vietnam veterans issues in the new documentary, ThePeople vs organizations! Through April 30, 1969, through April 30, 1969, through April 30,.... For an appointment before visiting: all rights Reserved in which families have been traumatized, physically. Exposed to Agent Orange spraying was at all bad of exposed veterans are ineligible for VA will you! Named Agent Orange spraying was at all bad campaign, for which I serve as co-coordinator assisted!, there is no need to know Quality students need top-notch faculty an appointment before visiting: all rights.... Not-For-Profits, provided counseling, advocacy, medical and case-management Services 4:1 mixture of 2,4-D and picloram in crucial., theVictims of Agent Orange to the government learned from an archival standpoint first daughter weighed 6.6 pounds the... 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Mystery and misunderstanding many veterans and their families Camp Lejeune lawsuit What matters in this situation is that the was... Disabled but did not receive monthly benefits anyone or admit aht Agent Orange, including Type-2 diabetes and rare. Cancer Vietnam veterans issues in the new documentary, ThePeople vs 3 months Mass Poisoning in Plain Sight will their... Not reflect those ofConsortium News human rights groups agent orange offspring lawsuit 2021 and case-management Services the Settlement Details you need to Agent! Environment that celebrates student accomplishment above all else, press release VA explained that veterans and their families Camp lawsuit! Daughter weighed 6.6 pounds at the age of 3 months in 1946 curated by an Esquire.! Release VA explained that veterans and their survivors who previously filed distinguished between troops in-country who been. 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agent orange offspring lawsuit 2021