Introduction
Purpose
The following information is that submitted by Victor Johnson, a Vietnam veteran, to the New Zealand Government parliamentary select committee inquiring into the Health Effects of Agent Orange.
Table of Contents
1.1 Acknowledgements
1.2 Glossary
2.0 COMMITTEE HEARING TERMS OF REFERENCE
3.0 INTRODUCTION TO SUBMISSION
4.0 NEW ZEALAND MILITARY FORCES EXPOSURE TO DEFOLIANTS
4.1 Phuoc Tuy Province
4.2 Agent Orange
4.3 New Zealand Military Operations
4.4 New Zealand Forces Records
4.4 Phuoc Tuy Province Agent Orange Spray Missions
5.0 MCLEOD REPORT TO VETERANS AFFAIRS OFFICE
5.1 Australian Royal Commission
5.2 New Zealand Research on Agent Orange Spray Programme
6.0 INTERNATIONAL STUDIES SUPPORTING CONTENTION OF HEALTH EFFECTS
6.1 Submission to Foreign Affairs and Defence Select Committee, 1990
6.2 Report Prepared for New Zealand Vietnam Veterans Association - 1994
6.3 Soft Tissue Sarcoma
6.4 Other Health Disorders Accepted for USA Veterans
7.0 TREATMENT OF UNCONVENTIONAL WAR INJURIES
7.1 Health Diseases or Disorders Acceptance
7.2 Defining Health Diseases and Disorders for Treatment Purposes
Supplementary Papers
Deceased NZ Vietnam veteran statistics email
Spray in III Corp increased 10%
1.0 PREFACE
1.1 Acknowledgements
Introduction
This submission is put to the New Zealand Parliament Health Select Committee comprising of written works authored by many qualified and esteemed persons worldwide.
The Author
The submission is sole composition of:
| Author: | Victor Johnson MNZM |
| Address: | Hamilton, New Zealand |
| Author's Background: |
New Zealand regular army 1963 - 1972, with military campaign Awards of:
Founding President and Life Member, New Zealand Vietnam Veterans Association. Founding and full term Executive Member of New Zealand Agent Orange Trust Board. Executive Member, Hamilton Returned Services Association. Life Member, Ex-Vietnam Services Association, New Zealand
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1.2 Glossary |
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| The following documents were used to assist with the creation of this submission: |
2.0 COMMITTEE HEARING TERMS OF REFERENCE |
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- Identify and examine evidence that New Zealand defence personnel were exposed to Agent Orange and other defoliant chemicals during the Vietnam War, including new evidence that New Zealand defence personnel served in an area identified as defoliated by the United States defence forces.
- Evaluate the McLeod Report to the Department of Veterans' Affairs and the report of the Ministerial Advisory Committee inquiry into the health status of children of Vietnam and Operation Grapple veterans with respect to New Zealand defence personnel in Vietnam and their families.
- Assess the health risks to defence personnel in Vietnam and the exposure effects on families identified in relevant international studies.
- Assess the current levels of health services for New Zealand veterans and their families who have been identified as exposed to Agent Orange or other defoliant chemicals during the Vietnam War and whether further health services are required.
3.0 INTRODUCTION TO SUBMISSION |
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The majority of New Zealand military personnel serving in South Vietnam during the 1960's - 1970's war were integrated as sub-units into Australian military forces in Phouc Tuy Province. This is validated in New Zealand Statutory Regulations and various unit books produced at the end of a tour, such as that of 4th Royal Australian Regiment/NZ [ANZAC] Battalion. The Australian Government accepts their troops were exposed to defoliant herbicides, such as Agent Orange This submission contends that:
- evidence has existed since 1985, that New Zealand defence personnel were exposed to Agent Orange and other defoliant chemicals during the Vietnam War,
and that evidence had been placed before a New Zealand Parliament Select Committee,
and the evidence had been lodged with the Alexander Turnbull Library, New Zealand Pacific Collection since 1985. - it is statistically significant the physical number of New Zealand military forces serving in the South Vietnam war was less than the figure quoted New Zealand Defence Force of 3800, taking into account those serving two or more tours of duty the physical count was 3256 personnel.
- the McLeod report commissioned by the Office of Veterans Affairs is flawed in stating the South Vietnam province of Phuoc Tuy was not sprayed with defoliants.
- international study results have been presented to successive New Zealand Government representatives for nearly twenty years supporting contention of health risks to New Zealand defence personnel from Agent Orange exposure in South Vietnam.
- It is contended that it is impracticable to objectively assess current levels of health services for New Zealand veterans and their families who have been identified as exposed to Agent Orange or other defoliant chemicals during the Vietnam and whether further health services are required because, no provision in the War Pensions Act 1954, provides for unconventional war disabilities:
- defining as accepted disabilities, health effects and injuries from unconventional war weapons such as mustard gas, radiation, chemical agents, nerve agents and suchlike.
- defining by Schedule to a Section of the Act, a list of accepted disabilities and/or health conditions, and injuries arising from unconventional weapons, mustard gas, radiation, chemical agents, radiation, and suchlike.
4.0 NEW ZEALAND MILITARY FORCES EXPOSURE TO DEFOLIANTS |
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A 245T herbicide composition was developed during WWII for destruction of Japanese rice crops. The product was not put into use during that time.
The British military forces did spray herbicides during the Malayan Emergency of the 1950's. This was part of a successful food denial program on the isolated jungle land plots of communist guerrillas'.
The 245T herbicide was further developed during the 1960's for use in Vietnam as part of a strategic military campaign to deny the enemy cover of jungle canopy and vegetation.
The product Agent Orange, a code name for the orange band that was used to mark the drums it was stored in, was principally effective against broad-leaf foliage, such as the dense jungle-like terrain found in Southeast Asia.
The product was brought into ever widening use during the height of the war during 1967 and 1968, though it's use was diminished and eventually discontinued in 1971.
Defoliation occurred during the period in the III Corp military zone in the provinces of Phuoc Tuy, Long Khan, Bien Hoa. New Zealand military forces operated in these provinces during the period.
4.1 Phuoc Tuy Province |
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The Phuoc Tuy province is a region south-east of Ho Chi Minh City, previously known as Saigon. The provincial town is Baria.
Agent Orange was a 50-50 mix of two chemicals, known conventionally as 2,4,D and 2,4,5,T. The combined product was mixed with kerosene or diesel fuel and dispersed by aircraft, vehicle, and hand spraying.
The lack of understanding by current members of government and civil servants of New Zealand military forces deployment in South Vietnam is astounding.
The 1st Battalion, RNZIR rifle companies in Vietnam were all detached from 1RNZIR that formed part of the 28th Commonwealth Infantry Brigade based in Malacca, Malaysia. They trained in Malaysia, went to South Vietnam, and returned to Malaysia.
In 1985, using HERBS Tapes data obtained from the USA, flight paths of all defoliant spray missions over Phuoc Tuy province were plotted onto a topographical map of that region.
The soundness of the McLeod Report is questionable when there is a definitive excerpt claiming that the Phuoc Tuy province in South Vietnam was not sprayed with defoliating herbicides.
During 1983, the Australian government commenced a Royal Commission on the Use and Effects of Chemical Agents on the Australian Personnel in Vietnam set up to inquire into all aspects of Vietnam veterans' fears and difficulties, under the chairmanship of Mr Justice Evatt.
Research conducted in New Zealand during 1984 and 1985 determined New Zealand troops operated in defoliated areas within Phuoc Tuy Province.
There are numerous international studies supporting contention of health effects from ingredients of Agent Orange in particular. Conversely there are many others do not support the contention.
This is the second time submissions have been called to a Select Committee Inquiry on the subject of New Zealand Vietnam veterans and Agent Orange.
During 1994, following appointment by Vietnam Veterans Association of New Zealand [VVANZ ], a report was prepared for that Association in order to negotiate with Hon Warren Cooper, Minister in Charge of War Pensions, on Vietnam veterans non-conventional war injuries, such as certain medical conditions attributed to Agent Orange exposure.
This report is an update following
appointment by Vietnam Veterans Association of New Zealand [VVANZ
] [to negotiate with Hon Warren Cooper, Minister in Charge of
War Pensions, on Vietnam veterans non-conventional war injuries
such certain medical conditions attributed to Agent Orange exposure.
The appointment was caused by: I have over 14 years experience
with the health issues arising from Agent Orange, both nationally
and internationally. This includes primary responsibility for
the Agent Orange Class Action Suit in the early 1980's, and being
a serving member of the New Zealand Agent Orange Trust Board
responsible for the disbursement of the funds awarded to New
Zealand veterans. In 1990 a visit to the USA was funded entirely
by US citizens concerned that justice be seen to be done for
their veterans.
Soft tissue sarcomas are a group of different types of malignant tumors which arise from body tissues such as muscle, fat, blood and lymph vessels and connective tissues (that is, distinct from hard tissue such as bone or cartilage). These tumors are relatively rare.
The other health disorders accepted for USA veterans as attributable to exposure to Agent Orange in some case have a time qualification. There is risk that a veteran could be seriously disadvantaged by a time frame due to:
The basis of acceptance for treatment of unconventional war injuries for New Zealand Vietnam veterans is that USA and Australian governments accept their troops were exposed in III Corp in particular. Both of those countries have taken action in the interests of their veterans. New Zealand has not.
It is contended that to ensure subjectiveness does not override science and common sense, the War Pensions Act 1954, needs to reflect accepted health diseases and disorders in an appropriate Section.
The statistics for deceased New Zealand Vietnam veterans is 15.3% of a 3256 population. Diagram 1-4 shows the email received on 25 November 2003.
The region is affected by the distinct climatic condition of southern Vietnam.
The annual monsoon season is from May to October, when the rainfall per month averages 8 inches. Between November and April the dry sets in with no rain likely at all until the month of May.
Bordering Phuoc Tuy are the provinces of Bien Hoa, Long Khanh, and Binh Tuy.
Phuoc Tuy Province was a sector of III Corp military zone. III Corp is recorded as the zone most heavily sprayed with defoliating chemicals during the Vietnam war
Diagram 4-1 shows Phuoc Tuy Province, Vietnam.
4.2 Agent Orange
An estimated 19 million gallons of Agent Orange were used in South Vietnam during the war. A recent study by Stellman J M, Stellman S D, Christian R, Weber T, and Tomasallo C, recently updated the quantity by more than 10 percent.
The earliest health concerns about Agent Orange were about the product's contamination with TCDD, or dioxin. TCDD is one of a family of dioxins, some found in nature, and are cousins of the dibenzofurans and pcb's.
The TCDD found in Agent Orange is known to be harmful to man. The Agent Orange used in Vietnam was found to be extremely contaminated with TCDD. In laboratory tests on animals, TCDD has caused a wide variety of diseases, many of them fatal.
TCDD is not found in nature, but rather is a man-made and always unwanted by-product of the chemical manufacturing process.
4.3 New Zealand Military Operations
In all cases the forces were attached to and under direct command of other Nations forces, Australia in particular. For example, New Zealand artillery and infantry sub-units were attached to the 1st Australian Task Force, based in Phuoc Tuy Province. They were stationed at Nui Dat, a location inland from the sea port of Vung Tau.
Deployment on operations against enemy forces were undertaken in Phuoc Tuy, Long Khan, Rung Sat Secret Zone, and Bien Hoa provinces, part of the III Corp military zone.
The deployment of the sub-units is exampled in the book titled 'In the ANZAC SPIRIT - The Fourth Battalion, Royal Australian Regiment/NZ [ANZAC] South Vietnam 1968 to 1969'. It explains that 4RAR combined with New Zealand infantry contingents to become 4RAR/NZ [ANZAC] Battalion, under command of Lt Col L R Greville, DSO, RAR. This occurred on 4RAR's arrival in theatre during May 1968. Two months prior to that in March 1968, 2RAR became the first ANZAC battalion, adopting the title 2RAR/NZ [ANZAC]. The title remained until 2RAR's return to Australia on change over with 4RAR.
The New Zealand sub-units of W and V rifle companies were contingents posted to the ANZAC battalions.
The 161 Artillery battery sub-unit was in direct fire support to other Australian infantry battalions.
The author of 'In the ANZAC SPIRIT' writes [p66]:
'…Moving under a canopy [jungle] was easier and cooler, but much of the operational area consisted of low scrub, bamboo forests, thick tropical elephant grass or areas that had been defoliated under the American strategy of avoiding jungle warfare by removing the jungle. In these areas there was no relief from sun, and the thickness of the vegetation at ground level prevented any movement of air; with the heat and high humidity levels, movement on foot was akin to playing rugby in a sauna.'
The climate of Vietnam is significant in relation to application of components containing TCCD.
In the book 'The ANZAC Battalion in South Vietnam 1967-1968, Vol 1' pp45, the annual climate of Phuoc Tuy Province is described.
'The Province is affected by the monsoon season from May to October, when the rainfall per month averages 8 inches. Between November and April the dry sets in and in 2 RAR's tour there was in fact no rain at all from mid-December 67 until May.'
The molecular TCCD does not characteristically break down in sunlight, nor leach into the ground without rainfall.
The New Zealand contingents did operate in Provinces other than Phuoc Tuy, with an example being Operation Toan Thung II [Final Victory] from 23 June 1968 to 18 July 1968.
On 23 June, 4RAR/NZ [less V Coy] deployed by helicopter and road from Nui Dat to an area north-east of Bien Hoa airbase.
B Coy, D Coy and W Coy were deployed into the area of operation [AO] to the north of the Song Dong Nai.
Each company established a company base and patrolled its own AO. Resupply of the forward companies were carried out by helicopter from a forward echelon [battalion rear administration area] established within the Long Binh base.
4.4 New Zealand Forces Records
The personnel of the New Zealand 161st Artillery Battery was deployed from New Zealand, and returned directly to New Zealand.
An official nominal roll was never maintained of personnel who served for New Zealand Defence Force during the Vietnam war.
It was by chance a military officer intercepted pay books on their way to destruction. From those books the officer created an unofficial nominal roll listing those who served and with which sub-unit. The list is known as the Flinkenburg roll in which some names on the list are repeated within various sub-units because an individual served more than one tour of duty.
It is of note regarding pay books that New Zealand military forces were the only nation to pay income tax in full whilst on active service in Vietnam.
A count of all names from the unofficial roll determined that 3256 New Zealand military personnel actually served, given those with two or more tours of duty.
The count does not include miscellaneous personnel who were merely visitors rather than being posted on active service to a unit in South Vietnam.
Vietnam war veterans have themselves been validating the Flinkenburg roll since its wide distribution.
It is claimed by some New Zealand Government officials that over 3800 personnel served. Such claim is not validated by records, nor exclusive of those who served two or more tours of duty.
It is contentious that government organisations are able to report, or commission reports, that New Zealand forces did not serve in Agent Orange defoliated areas, or were not exposed to defoliants.
No records were kept in New Zealand Defence Force HQ of ANZAC 1 ATF deployments. The III Corps area received the heaviest concentrations of spraying, followed by I Corps, II Corps and IV Corps.
4.5 Phuoc Tuy Province Agent Orange Spray Missions
The number of New Zealanders serving in South Vietnam were collated from the Flinkenburg nominal role. Furthermore, from successive battalion operational records, New Zealand sub units were defined that were most likely to have been exposed to defoliants such as Agent Orange whilst in Phuoc Tuy province.
The outcomes in the document registered and deposited with the National Library, referenced at the Alexander Turnbull Library.
It begs the question, if this information has been so readily available why was it not sourced, used, and referenced in studies, such as that recently
reported.
Other references not used include
www.nzvietnamvets.freeservers.com/vietvet2.html and
www.nzvietnamvets.freeservers.com/
Diagram 4-2 shows a typical RANCH HAND defoliant spray mission.
5.0 MCLEOD REPORT TO VETERANS AFFAIRS OFFICE
As consequence of evidence to the contrary, the McLeod Report is flawed and unacceptable as sound and methodical research.
The conclusion of no spraying could only have been derived from selective material, or a directive. A very serious question is begged for asking if the author, Dr Debra McLeod, was supplied with selective material for the Veterans Affairs Office research project.
The question is; was reference material and other information provided to the researcher on the basis of ensuring a pre-determined outcome that contradicted Vietnam veterans health conditions, knowledge, and experience?
To allow uncorrected information to stand, as in the McLeod Report to the Veterans Affairs Office is akin to supporting falsehoods, which is untenable. This is compared against the rapidity with which the Australian Government inquired into matters brought to their attention in 1990.
It was at that time that Victor R Johnson advised that government of the revealing of 245T/Dioxin scientific studies as having been consistently manipulated within Monsanto Chemical Company. The admission came from the principal scientist concerned during a trial in Sturgeon, USA.
The Monsanto scientist, Dr R Suskind, had been a primary advisor to Justice Evatt On the basis of the inquiry findings the Australian government dismissed a Royal Commission report into the effects of herbicides.
Of major concern about misreporting is that the current death rate among the Vietnam veteran population exceeds 15 percent. With the higher causation being cancers.
5.1 Australian Royal Commission
At no time of the Royal Commission was it proffered that Phuoc Tuy province was not sprayed with defoliants.
Conversely, the Royal Commission findings of no 'cause and effect relationship' were widely disparaged by eminent scientists. This is illustrated by the following, as published in the International Journal of Health Services, Volume 28, Number 4, Pages 715 to 724, 1998.
AGENT ORANGE IN WAR MEDICINE: AN AFTERMATH MYTH
Authors; Lennart Hardell, Mikael Eriksson, and Olav Axelson.
'Since the late 1970s several epidemiological studies have appeared on exposure to phenoxy herbicides or chlorophenols and some malignant tumors. Most of these compounds are contaminated with dioxins and dibenzofurans; for example, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) is a contaminant of 2,4,5-trichlorophenoxyacetic acid (2,4,5.T), a component of Agent Orange which was sprayed in Vietnam during the war.'
'The results of some of the epidemiological studies on cancer risks associated with exposure to these compounds have been manipulated and misinterpreted, particularly' by the Australian Royal Commission on the Use and Effects of Chemical Agents on Australian Personnel in Vietnam. Furthermore, a book on Australian war history entitled Medicine at War, commissioned by the Federal Government, reiterates several of these misinterpretations, despite available contrary evaluations from Australian and U.S. authorities. These remarkable and confusing circumstances in the scientific process are considered also in the light of the recent classification of TCDD as carcinogenic to humans, Group 1, by a Working Group at the International Agency for Resear0h on Cancer in Lyon, France.'
'Several epidemiological studies have appeared since the late 1970s linking exposure to phenoxyacetic acids (i.e., herbicides in Agent Orange) or chlorophenols to some malignant tumors. The results of these and other studies on this topic have been scrutinized by different organisations and committees such as the Australian Royal Commission on the Use and Effects of Chemical Agents on Australian Personnel in Vietnam.'
'The aim of this Commission was to evaluate the scientific evidence for potential health effects on Australian soldiers exposed to Agent Orange in the Vietnam War. The Royal Commission's conclusions that there were no health risks due to exposure to Agent Orange have been both disputed and echoed by different authors.'
'The statements by the Royal Commission are quite contrary to the recent conclusion by a Working Group at the International Agency for Research on Cancer (IARC) in Lyon, France. In its overall evaluation, the IARC group concluded that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCCD), a contaminant of Agent Orange, is a Group 1 carcinogen in humans (1).'
'The group noted that the epidemiological data contributed strong evidence of increased risk for all cancers combined, but with highest risk estimates for non-Hodgkin's lymphoma and soft-tissue sarcoma.'
'In the light of this evaluation, we must discuss here a book entitled Medicine at War, funded in part by the Australian Government and edited and written by two Australian professors of history, Brendan O'Keefe and F. B. Smith (2). It claims to give the true picture of the medical aspects of the use of Agent Orange in the Vietnam War. Professor Smith wrote Part IV, "Agent Orange: The Australian Aftermath."'
'The book does not reflect the circumstances surrounding the use of Agent Orange, however, or the controversy following the report by the Australian Royal Commission on the Use and Effects of Chemical Agents on Australian Personnel in Vietnam (3). Instead, the book seems to be an apologia on behalf of the Royal Commission and its Commissioner, Justice Phillip Evatt, who disregarded the epidemiological evidence on the carcinogenic effects of phenoxy herbicides and concluded that exposure to Agent Orange is harmless as far as malignant diseases are concerned.'
'This standpoint is hardly "historical"; it does not reflect the debate that followed the Commission's report or the recent evaluation by IARC (1). Furthermore, Smith and O'Keefe ignored an expert review commissioned by the Australian Minister for Veterans' Affairs (4), which concluded that there is sufficient scientific evidence to support an association between exposure to phenoxy herbicides and development of certain diseases, among them several malignancies. This document was in part based on a report by the National Academy of Sciences, Institute of Medicine, in Washington, D.C.
'Given the above background, it seems necessary to describe the "historical truth" from another perspective, so as to provide historians with some reasonably detailed information on what has actually occurred. Furthermore, this story might be illustrative of how economic and possibly other interests tend to undermine efforts in public health to eliminate hazardous exposures, in this case the phenoxy herbicides constituting Agent Orange.'
5.2 New Zealand Research on Agent Orange Spray Programme
The information is in the document titled as, 'New Zealand Military Forces Likely to Have Been Exposed to Chemicals in South Vietnam', authored by Victor R Johnson, was lodged with the Alexander Turnbull Library, New Zealand Pacific Region, since 1985.
The document has been known within the parliamentary circles, especially through the former Napier member of parliament, Mr Geoff Braybrooke. Mr Braybrooke was sent the topographical map and HERB records used to plot flight spray missions over Phuoc Tuy Province. The map has never been returned.
The researcher for the Veterans Affairs Office project could have located the information simply by doing an internet search, or enquiring with the Alexander Turnbull Library.
As researcher and author of the Agent Orange spray mission exposures document, it is disconcerting still to be confronted with political and other denial mindsets, there is no excuse for that.
The accuracy of research can be validated by this author's qualification as a former New Zealand Army 4 Star All-Arms Instructor, that included instructing in map reading.
Together with that, this author's map reading skills were applied in traversing, under operational combat situations, regions of Malay/Thailand border, Malay Peninsula, Borneo, and South Vietnam.
6.0 INTERNATIONAL STUDIES SUPPORTING CONTENTION OF HEALTH EFFECTS
A major problem is that of science being compounded by fraudulent manipulation of studies by Monsanto Chemical Company. Studies worldwide oft referenced Monsanto results, used as statistical basis for control and cohort groups.
Studies using Monsanto's reported results could be considered flawed due to statistical bias.
A significant factor for New Zealand Vietnam veterans is the current death rate of [as at today] 15.3% of the veteran population. A national data-base has not been maintained for causation. A website maintained by veterans themselves records the names of deceased, unit served with, age, causation, and other medical conditions at time of death.
Reporting of veteran deaths since the 1970's for Australia, United States of America, and New Zealand indicate a high proportion to be caused by soft tissue sarcoma, a group of different malignant tumours.
The New Zealand Vietnam veterans website recording deceased personnel is www.nzvietvet.bravepages.com/home.html
It would serve no useful purpose for the New Zealand Government to undertake research on Agent Orange, nor would it be useful to evaluate studies. This work has been extensively done with outcomes reflected in accepted health disorders for unconventional war injuries both within Australia and the USA.
Soft tissue sarcoma is an example of acceptance, as are other health disorders.
6.1 Submission to Foreign Affairs and Defence Select Committee, 1990
During 1990, the Foreign Affairs and Defence Select Committee held a hearing on the Vietnam Veterans Health [Inquiry] Bill.
The Bill did not proceed into legislation was because it was defeated during the House of Parliament voting process.
The question is begged, what is so different now compared to then?
This Select Committee is referred to the submission of Victor R Johnson, dated 4 August 1990. It is requested that that submission be taken into this Health Select Committee hearing. In that submission a number of significant international studies were presented, and they have not changed.
The table of contents is shown below.
1.0
INTRODUCTION.
1.1
HEALTH DISEASES AND DISORDERS
1.2
AIM OF SUBMISSION.
2.0
MAJOR FACTORS
3.0
TERMS AND DEFINITIONS
4.0
US AGENT ORANGE PRODUCT LIABILITY LITIGATION SUIT, MDL 381
5.0
US RANCH HAND AND CENTERS FOR DISEASE CONTROL STUDIES.
5.1
US CONGRESSIONAL RECORD 21 NOVEMBER 1989
5.2
US CONGRESSIONAL HEARINGS.
5.2.1
Centers for Disease Control.
5.2.2
Submission of V R Johnson to Congressional Hearing.
1.0 Introduction
2.0 Ineptitude of US Government Agencies.
3.0 Monsanto Chemical Company.
4.0 Summary.
6.0
AUSTRALIAN ACTIONS
6.1
AUSTRALIAN ROYAL COMMISSION ON USE AND EFFECTS OF CHEMICAL AGENTS ON AUSTRALIAN PERSONNEL IN VIETNAM.
6.1.1
Letters Patent.
6.1.2
Scope of Royal Commission.
6.1.3
Commission's Standard of Proof.
6.1.4
Overview of Major Industrial Events.
6.1.5
Fraudulent Studies Accepted as Valid by Royal Commission.
6.1.6
Canadian Government Concerns.
6.1.7
Scientists Criticism of Royal Commission.
6.1.8
Industry Self-study and Biased Results.
6.2
AUSTRALIAN BIRTH DEFECTS STUDY.
6.3
ACCEPTANCE OF NON-HODGKINS LYMPHOMA FOR COMPENSATION.
6.4
REPATRIATION COMMISSION APPEAL CASES.
7.0
KEMNER et. al. versus MONSANTO CHEMICAL COMPANY.
8.0
INDEPENDENT US AGENT ORANGE STUDIES AND REPORTS.
8.1
STELLMAN AND STELLMAN STUDIES
8.1.1
Combat and Herbicides Exposures in Vietnam.
8.1.2
Social and Behavioural Consequences of the Vietnam Experience among American Legionnaires.
8.1.3
Health and Reproductive Outcomes among American Legionnaires in Relation to Combat and Herbicide Exposure in Vietnam.
8.1.4
Post-Traumatic Stress Disorder among American Legionnaires in Relation to Combat Experience in Vietnam: Associated and Contributing Factors.
8.1.5
Utilisation, Attitudes, and Experiences of Vietnam Era Veterans with Veterans Administration Health Facilities: The American Legion Experience.
8.2
AGENT ORANGE SCIENTIFIC TASK FORCE REPORT.
8.2.1
A Significant Statistical Association Between Exposure to Agent Orange and Adverse Health Effects.
8.2.2
A Statistical Association Between Exposure to Agent Orange and Adverse Health Effects.
8.2.3
Sound Scientific Evidence of an Association with Exposure to Agent Orange and Adverse Health Effects.
8.3
REPORT TO US SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS ON THE ASSOCIATION BETWEEN ADVERSE HEALTH EFFECTS AND EXPOSURE TO AGENT ORANGE
9.0
MEMBERSHIP OF COMMISSION.
10.0
RECOMMENDATION OF LEGAL COUNSEL APPOINTMENT TO COMMISSION OF INQUIRY.
11.0
SUMMARY.
11.1
GENERAL.
11.2
RECOMMENDATION FOR IMMEDIATE COMPENSATION TO NEW ZEALAND VIETNAM VETERANS.
12.0
BIBLIOGRAPHY.
6.2 Report Prepared for New Zealand Vietnam Veterans Association - 1994
The appointment of Victor R Johnson to prepare the report was caused by:
The following table shows the current health disorders accepted as service related disabilities by the USA Veterans Administration.
The report is shown below.
Introduction
I was a guest in Washington DC for release of the Agent Orange
Scientific Task Force report on Agent Orange, a report I distributed
in New Zealand, including government ministers and parliamentary
opposition members. The report listed many diseases and disorders
as being statistically significant with Agent Orange exposure.
I also attended Congressional Sub-Committee hearings into the
Disability Benefits Bill for treatment and compensation for US
veterans suffering certain diseases such as cancers attributable
to service in Vietnam.
6.3 Soft Tissue Sarcoma
The possibility that exposure to phenoxy herbicides, such as Agent Orange, may have caused rare forms of cancer in humans such as soft tissue sarcomas was suggested in 1979 and 1981 by small scale studies conducted in Sweden. These studies showed that persons reporting occupational exposure to phenoxy herbicides may have a 5 to 6 fold higher risk of developing soft tissue sarcomas as compared to persons without such exposure.
The United States of America Department of Veterans currently presumes that, resulting from exposure to herbicides like Agent Orange:
Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma).
The USA law requires that some of these diseases be at least 10% disabling under VA's rating regulations within a deadline that began to run the day you left Vietnam. If there is a deadline, it is listed in parentheses after the name of the disease.
6.4 Other Health Disorders Accepted for USA Veterans
Accepted as Attributable to Service
Time Frame
Chloracne
Or other acne form disease consistent with chloracne. (Must occur within one year of exposure to Agent Orange).
Hodgkin's disease
No time frame.
Multiple myeloma
No time frame.
Non-Hodgkin's lymphoma
No time frame.
Acute and subacute peripheral neuropathy
For purposes of this section, the term acute and subacute peripheral neuropathy means temporary peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.
Porphyria cutanea tarda
Must occur within one year of exposure to Agent Orange.
Prostate cancer
No time frame.
Respiratory cancers
Cancer of the lung, bronchus, larynx, or trachea.
7.0 TREATMENT OF UNCONVENTIONAL WAR INJURIES
The diseases and health disorders suffered by Vietnam veterans that are chemical related can be deemed as unconventional war injuries.
Treating of unconventional war injuries by New Zealand health services needs clear definition of accepted health diseases and disorders.
Without clear definition of unconventional war injuries the matter of acceptance and treatment would be subjective and based upon human bias and prejudice. Such actions are inevitable among war disability pensions administrators who consider their public service role to be that of saving the Crown money.
Another major factor is Vietnam veterans being disadvantaged in comparison to the rest of the New Zealand population.
One comparison is women health issues in NZ, with the birth control pill being the most recent. Headlines and suggestion of Govt action because 3 or 4 women are attributed to have died from side effects in the past ten years. The same is not being said about veterans dying of abnormal cancers and diseases EACH year.
Other comparisons can include breast cancer, and cervical cancer. Both issues have undivided attention from Government and health authorities, not so for Vietnam veterans dying of abnormal cancers and diseases EACH year.
7.1 Health Diseases or Disorders Acceptance
New Zealand troops were an integral part of Australian forces.
Battalion Unit books are suffice as evidence, particularly those with tour of duty operational maps inserted.
In the past denial to accept diseases and health disorders suffered by New Zealand Vietnam veterans has been the fall back to the War Disabilities
Pensions Act as being liberal by comparison, in that onus of disproof is on
the Crown. Whilst that may be so for conventional injury from military service, it is not so for exposure to chemicals such as defoliants.
The Veterans Affairs Office steps in with criterion of cannot judicially determine a case-by-case basis for unconventional war injury without a Schedule of accepted health diseases and disorders.
7.2 Defining Health Diseases and Disorders for Treatment Purposes
A Schedule to such a Section in the War Pensions Act 1954, would define the diseases and disorders accepted as unconventional service related injuries.
The provision would ensure certain diseases and health disorders would be immediately treated as required.
Victor R Johnson
31 English Street
Hamilton
New Zealand
v.r.Johnson@xtra.co.nz
[07] 849 9982
Supplementary Papers
The supplementary papers that were presented included an email from the researcher for the New Zealand Vietnam veterans website listing the deceased.
The other was the Stellman and Stellman report concerning the further 10% increase of defoliation within the III Corp Zone; The Extent and Usage Patterns of Military Herbicides in Vietnam, 1961-1971: A
Reanalysis Based on Examination of Newly Analyzed Primary Source Materials
A. Deceased Veterans Stastistics
