kimd Posted October 6, 2005 Posted October 6, 2005 Friends: I haven't posted for quite some time, but I still visit the board. I need your expert advice. I've seen postings about Agent Orange and I know they have finally admitted there's a connection between this exposure and lung cancer. My mom is going to file a claim with the VA since my dad was too ill to do so when he was diagnosed. He was a 23-year Army vet who served in both 'Nam and Korea. After diagnosis his onc said he had "never seen such a fast-growing cancer" such as my dad had. My dad was taking Lamosil and was exposed to Agent Orange. He made me promise him if there was ever any association with either of these to make sure my mom would receive any benefits due her. The VA office told her that the onc would have to write a report. Have any of you been through this and could offer any suggestions? Rather than a phone call to dad's onc, my mom and I thought we would visit him in person to discuss the report. Any advice would be appreciated. You all have always been a great support team and know you'll come through. You know they say time heals, but my dad's been gone a little over 19 months now and I STILL miss him every day -- he was a wonderful person and role model for many. I know many of you feel the same and when I visit here, it gives me comfort and peace knowing others are there! Quote
Snowflake Posted October 6, 2005 Posted October 6, 2005 Here is information on Agent Orange: http://www.lewispublishing.com/faq.htm One take-away: Can I sue the government or the chemical companies? No. Title 38 of the United States Code prohibits veterans from suing the government for injuries suffered while in the military. A class action suit was filed in behalf of veterans in 1979 against the chemical companies and settled out of court. The final funds in this legal action were distributed by 1992. Additional attempts to sue the manufacturers have been attempted, and have been prohibited by the courts. The most strongly fought of these legal battles, Ivy vs. Diamond Shamrock was supported in behalf of the plaintiff by attorney generals in all fifty states, the Supreme Court, however, refused to hear the arguments and that case ended in 1992. In the parlance of the court, the issue is "res judicata" or "the matter is settled". Please note, the above site is not a .org or .gov and I'm not sure how accurate the information is. I did note some grammatical errors in the writing so it may be a load of BS. There is some truth in it, though. This site may help: http://www.vvnw.org/Educational_Materia ... orange.htm Quote
Jyoung20 Posted October 6, 2005 Posted October 6, 2005 Kim, I can't really answer your questions but I did want to let you know that I will be praying for you. A loss of a parent is devastating and takes along time for it to become real. Please know that you are not alone in your pain. This is an awesome place for support and encouragement. You may want to contact a lawyer for advice. GOD BLESS!!! Jamie Quote
KarHart Posted October 7, 2005 Posted October 7, 2005 Your father would have been eligible for the Agent Orange fund. I am assuming he did not know about it. There are survivor benefits for the spouse, however, I do not know if this can be handled after the fact. Please contanct your local Disabled Veterans group. They should have an advocate that can advise you. My husband is currently in this fund, he could get his care through the VA but we are going through insurance. He was able to get $30,000 in life insurance and my understanding is there are pension benefits for the spouse if he dies from LC as a service connected death. Please contact me if I can be of any help. I am so sorry that your family did not know of these benefits he was due. Quote
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