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  • 1990 Submission
  • 1994 VVANZ Report
  • Deceased veterans
Agent Orange Enquiry
New Zealand Parliament
Health Select Committee


Submission of Victor Johnson, Vietnam war veteran
25 November 2003
vietnam veterans of New Zealand

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.

"Facts don't cease to exist because they are ignored."

Aldous Huxley (1894-1963); British novelist.

Table of Contents

1.0 PREFACE
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
Address: Hamilton, New Zealand

Author's Background: New Zealand regular army 1963 - 1972, with military campaign Awards of:
  • New Zealand Operational Service Medal
  • New Zealand General Service Medal - Malay/Thailand>
  • 1962 General Service Medal - Malay Peninsula, Borneo
  • Vietnam Campaign Medal
  • Republic of South Vietnam Campaign Medal
Past National Secretary and Life Member, Korea & South East Asia Forces Association of NZ.
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.
Trust Board Member, Hamilton RSA Sunningdale Veterans Trust Home

Supporting
websites
Parliamentary Select Committee submission 1990
New Zealand Vietnam Veterans 1994 Report
New Zealand Vietnam Veterans deceased roll.

1.2 Glossary

The following documents were used to assist with the creation of this submission:
  • Submission to New Zealand Government Foreign Affairs and Defence Select Committee Hearing on Vietnam Veterans Health [Inquiry] Bill. Victor R Johnson, member of International Independent Agent Orange Network [New Zealand]. August 4, 1990.

  • Report to New Zealand Vietnam Veterans Association. Victor R Johnson, Whakatane. 3 December 1994.

  • The Extent and Patterns of Usage of Agent Orange and Other Herbicides in Vietnam - Jeanne Mager Stellman, Steven D Stellman, Richard Christian, Tracey Weber, Carrie Tomasallo; Nature 422, 681 - 687 (17 April 2003); doi:10.1038/nature01537. Nature Publishing Group 2003. [ http://www.nature.com/cgi-taf/DynaPage.taf?file=/nature/journal/v422/n6933/full/nature01537_fs.html ]

  • Royal Commission on the Use and Effects of Chemical Agents on Australian Personnel in Vietnam:Final Report; Hon Mr Justice P Evatt, DSC,LLB. Volume 9: Exhibits List and Bibliography; [Dost F, A-168; Suskind R, A-246; Suskind R R and Hetrzberg V S, A-246; Zack J A and Gaffey W R, A-275; Zack J A and Suskind R R, p. A-275.]

  • Frances E Kremner, et al, vs Monsanto Chemical Company; Testimony before Hon Richard P Goldenhursh; Report of proceedings, Jury Trial, May 10, 1985; Twentieth Judicial Circuit Court of Illinois, St Claire County.

  • New Zealand Military Forces Likely to Have Been Exposed to Chemicals in South Vietnam; Victor R Johnson, Whakatane, New Zealand. 1985. Alexander Turnbull Library, New Zealand Pacific Collection.

  • In the ANZAC SPIRIT - The Fourth Battalion, Royal Australian Regiment/NZ [ANZAC] South Vietnam 1968 to 1969. Lieutenant Colonel Brian Avery. Slouch Hat Publications, Australia. First published 2002.

  • The ANZAC Battalion in South Vietnam 1967-1968, Vol 1; A record of the tour of 2nd Battalion, the Royal Australian Regiment : 1st Battalion, Royal New Zealand Infantry Regiment [The ANZAC Battalion.

  • The ANZAC Battalion in South Vietnam 1967-1968, Vol 2.MAPS; A record of the tour of 2nd Battalion, the Royal Australian Regiment : 1st Battalion, Royal New Zealand Infantry Regiment [The ANZAC Battalion.

  • Agent Orange - What You Haven't Been Told. Lennart Hardell, M.D., Ph.D; International Journal of Health Services, Volume 28, Number 4, Pages 715 to 724, 1998.

2.0 COMMITTEE HEARING TERMS OF REFERENCE

This submission is in response to the Select Committee Hearing terms of reference:
  1. 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.

  2. 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.

  3. Assess the health risks to defence personnel in Vietnam and the exposure effects on families identified in relevant international studies.

  4. 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

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

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 spray herbicides during the Malayan Emergency of the 1950's. This was part of a successful food denial program 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

The Phuoc Tuy province is a region south-east of Ho Chi Minh City, previously known as Saigon. The provincial town is Baria.

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.

Phuoc tuy

4.2 Agent Orange

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.

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

The lack of understanding by current members of government and civil servants of New Zealand military forces deployment in South Vietnam is astounding.

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 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.

The personnel of the New Zealand 161st Artillery Battery was deployed directly 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

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 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

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.

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

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.

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 bock 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 contusing 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

Research conducted in New Zealand during 1984 and 1985 determined New Zealand troops operated in defoliated areas within Phuoc Tuy Province.

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

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.

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 about 17% 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 http://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

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 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 hearing 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

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.

The appointment of Victor R Johnson to prepare the report was caused by:

  • Australian Government acceptance of certain medical conditions as attributable to Vietnam service.
  • Denial by successive New Zealand Governments of such recognition.

    The report is shown below.

    Introduction

    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:

    • Australian Government acceptance of certain medical conditions as attributable to Vietnam service.
    • Denial by successive New Zealand Governments of such recognition.

    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.

    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.


     US Disability Benefits Bill 1991
    The US Disability Benefits Bill 1991, was passed by a 412-0 vote in the House of Representatives, and a 99-0 Senate vote. The Bill provided for the National Academy of Sciences [NAS] to determine whether other medical conditions were caused by Agent Orange and other herbicides. The Department of Veterans Affairs was expected to give great weight to the findings and make veterans suffering from any of the conditions eligible for service-connected disability benefits.  In announcing the compensation for non-Hodgkin's lymphoma sometime prior to the Bill being passed, US Veterans Administration Department Secretary, Mr E Derwinski, said the decision was his with support of President Bush and shouldn't be seen as a scientific decision. In concluding Derwinski also said: ' Those veterans who will now be compensated are most deserving of our care and concern. It is my hope that this action will help to begin to mend the divisiveness and controversy that has surrounded this issue for many years.'  
    Australian Review of National Academy of Sciences Report

    The Australian Government provided a framework in 1991, for treatment and compensation to its Vietnam veterans with non-Hodgkin's lymphoma and soft tissue sarcoma, accepting these cancers as being attributable to service in Vietnam.
    A committee appointed by the Australian Government reviewed the NAS report. The committee's Veterans and Agent Orange: Health Effects of Herbicides' report produced in October this year established a link between Agent Orange and certain medical conditions that include:

    • non-Hodgkin's Lymphoma
    • Hodgkin's Disease
    • Multiple myeloma
    • Leukemia
    • Lung Larynx
    • Trachea cancer
    • Chloracne
    • Soft Tissue Sarcoma
    • Porphyria Cutanea Cardia
    Full acceptance of the report by the Australian Government means that more than 600 known cancer-stricken veterans are deemed eligible for disability treatment and payments.
    The Australian Minister of Veterans' Affairs, Con Sciacca, said the committee's report was a landmark document to be developed into medical Statements of Principles to provide mechanism for Vietnam veterans to lodge claims that take into account the report findings.
    The report contradicts the findings of the 1985 Australian Royal Commission on Use and Effects of Chemical Agents on Australian Personnel in Vietnam that there was no causal relationship between exposure to Agent Orange and health disorders including cancers. The findings were highly criticised at the time by the scientific community and Vietnam veterans as being seriously flawed.
    The New Zealand Government and its agents consistently emphasised the Royal Commission findings to deny compensation and treatment for most types of medical conditions now accepted in Australia and the USA. Many veterans have experienced the denial in War Disability Pension applications.
    Australian Royal Commission 1985 Report

    Representation over fourteen years to the various governments in New Zealand and ministers of the day always brought forth response there was no cause and effect relationship. Reference was continually made to the Australian Royal Commission findings. On the release of the Commissions report Justice Evatt said:

    ' So Agent Orange is not guilty . . . no-one lost; this is not a matter for regret but for rejoicing. Veterans have not been poisoned. This is good news and it is the commission's fervent hope that it will be shouted from the rooftops.'

    The Commission's final conclusions were based on material available and evidence placed before it at the time of its inquiry. As Justice P Evatt said '...science is a progressing discipline'.
    In addressing the Agent Orange controversy in the United States at the time, the Commission's report includes a brief overview of major industrial events. Two major industrial studies were conducted after explosions at Monsanto's US Nitro plant, and the BASF plant in Germany, where employees were exposed to 2,4,5-T and dioxin. Monsanto manufactured 2,4,5-T from 1948 to 1969 and supplied it to the US Defence Department as a component of Agent Orange and other defoliants during the war in South Vietnam. Monsanto's study results have been used by scientists world-wide as evidence that chloracne is the only effect from exposure to 2,4,5-T/2,3,7,8-TCDD.

    Fraudulent and Manipulated Scientific Studies Report

    There was controversy over the role of Monsanto in the Commission as well as the Commissioner's treatment of some epidemiological scientists who made submissions. The controversy was re-ignited in 1990 by sworn testimony in the Kemner et al. court case [USA] in which Monsanto was defendant. The case was the longest jury trial in US legal history, started in the St Clair County of Illinios during 1984. An award of $16.25 million punitive damages was made against Monsanto. Dr Frank Dost, Monsanto's Toxicologist in the United States, who testified during the trial, assisted the Australian Royal Commission as a part time consultant.

    The trial related to a chemical spill by Monsanto at Sturgeon, Missouri. The plaintiffs lawyers tendered evidence, confirmed in cross-examination, showing Monsanto had falsified, manipulated and concealed study results. Evidence also showed the company had been selling dioxin-contaminated chlorophenol products for nearly 30 years. Sworn testimony during the Illinios trial indicates that for over thirty years Monsanto Chemical Company manipulated, falsified and concealed study results that showed 2,3,7,8-TCDD, a contaminant of 2,4,5-T manufacture, is harmful to human health.

    Analysis of Monsanto's data from one study established that the true results should have been:

    • Cancer deaths, 65% higher than expected
    • Lung cancer deaths, 143% higher than expected
    • Genitourinary cancer deaths, 108%
    • Bladder cancer death rate, 809%
    • Lymphatic cancer death rate, 92%
    • Death from heart disease, 37%

    Mr Rex Carr, legal counsel for Kemner et. al., wrote to Mr John Moller explaining Monsanto Chemical Company's response in the Appellate Court. Mr Carr, of Carr, Korein, Tillery, Kunin, Montroy, Glass & Bogard, Attorneys at Law, Louis, Illinios, said: 31
    '...I was surprised to read in the letters written by the New Zealand Monsanto representative that my charges have already been rejected by the court and are not supported by the scientific evidence. This is another lie which joins the long list of lies to which we have been subjected by Monsanto. No court has ever rejected the charges and Monsanto, itself, was unable to respond to any of the charges in court although Monsanto had a year and a half in which so to do.

    The charges which I made in court and which are supported by the documentary evidence and sworn testimony of Dr. Roush have never been rebutted. In point of fact, the Appellate Court case was recently argued before a panel of three judges and I repeated the same charges of fraud in the course of the argument. Monsanto's attorney made absolutely no effort to defend Monsanto against these charges.

    The jury in the original trial did obviously find that my clients had been unable to prove that their health was jeopardised by the dioxin exposure because of the very low levels of dioxin involved in the chemical. However, the $16,250,000 punitive verdict was a direct finding of the jury that Monsanto had committed fraud.
    It may be that for several technical reasons, the Appellate Court will some day reverse the punitive damage verdict, the effect of that verdict cannot be reversed. In a long and hotly contested trial, a jury of twelve American citizens found that Monsanto had lied and had wilfully failed to remove dioxins from its chemical and that it should be punished for so doing.'

    Monsanto Chemical Company has not rebutted the charges of fraud since February 1990, when they became widely reported by many sources.


    New Zealand Government Historical Denial
    No recognition has ever been given to New Zealand veterans adverse health conditions being attributable to Agent Orange exposure, as qualified in a report to parliament in 1990.
    REPORT OF THE FOREIGN AFFAIRS AND DEFENCE COMMITTEE REPORT: On the Inquiry Into the Manufacture of Agent Orange by Ivon-Watkins Dow in New Zealand During the Period of the Vietnam War. Reported to the New Zealand House of Representatives, Second Session, Forty Second Parliament, 1990. The report says, in part:
    '6 ...Studies in the United States and in the Australia on the alleged effects of Agent Orange on Vietnam Veterans have failed to produce any conclusive links between Agent Orange and the health of Vietnam veterans or their children. This was also the conclusion of the Australian Royal Commission on Agent Orange [1985] under Mr Justice Evatt. The then New Zealand Minister of Defence Hon F D O'Flynn wrote to the Vietnam Veterans in January 1985 stating that "there is no scientific evidence to support the contention that exposure to Agent Orange has caused any long-term health problems for veterans or their children".7
    In the Agent Orange class action suit in the United States an out-of-court settlement was made in 1984 in favour of United States, Australian and New Zealand veterans. This did not constitute an admission of liability by the seven chemical manufacturers who supplied Agent Orange to the United States armed forces. The companies made the settlement in order to resolve what they judged could otherwise be a long and costly court case. The conclusion of the presiding judge stated "the scientific data available to date makes it highly unlikely that except for those who have had chloracne [a skin complaint], any plaintiff could legally prove any causal relationship between Agent Orange and any other injury including birth defects '.
    The report also comments that:
    "...compensation is already available to former servicemen for injuries and illness arising from war service through the War Pensions Board, Those who feel they have a claim, whether or not from Agent Orange, may request assistance from the Board.'

    New Zealand Vietnam Veteran Mortality Rate
    New Zealand government denial, or avoidance acceptance, that there is cause for concern has prevailed for 14 years, in spite of a significant veteran death rate from some of the rarest forms of cancers. Had the death rate from such cancers been among the female gender in this country, or within the population anywhere else in the world, there would have great alarm and action. This is not to be for New Zealand Vietnam veterans.

    For example, the expected death rate from soft tissue sarcoma is 4:100,000. The mortality rate of New Zealand veterans from combined causes is currently between 12%-14% with no central record of causation.
    From my personal knowledge I estimate mortality due to cancers such as soft tissue sarcoma to be at least 50% of the total mortality rate.
    This is a statistically significant mortality rate for a population group that has not yet reached an average age of 50 years.

    There seems to be no valid explanation for the indifference in New Zealand to the mortality rate and causation. The Australian government recently launched a mortality rate study among its veteran population.

    Request to Minister In Charge of War Pensions

    On release of the Australian report and acceptance of certain cancers and other health disorders being attributable to Vietnam service a request was made to Hon Warren Cooper, Minister in Charge of War Pensions, that:

    1] A statement of medical principle be made relative to treatment and compensation for the ten types of cancers.

    2] A framework and resources be established to facilitate the treatment and compensation of New Zealand Vietnam veterans for specified cancers.

    A national framework and resources will target eligible veterans, provide for ongoing needs, and eliminate barriers or hurdles within the health system.

    Compensating an eligible veteran in a monetary sense and not facilitating treatment expeditiously will not achieve a health objective.

    Furthermore, anyone incapacitated through employment-related disease or injury is suffering loss of income earning potential.

    Response From Minister In Charge of War Pensions
    The reply from the Hon Warren Cooper, Minister in Charge of War Pensions was that:
    " ...the New Zealand war pensions legislation covering awards of disablement pensions to members of the Forces who served overseas in a war or emergency is considered liberal, in that it is merely necessary to establish that the disablement occurred or arose whilst the serviceman was overseas, and not that it was directly attributable to service."
    The reply also referred"...The Government does not formally acknowledge, therefore, that service in Vietnam is the only qualification needed to sustain an application for war disablement pension in respect of any form of cancer or for any other disability. The law requires that each application be decided on the individual circumstances of the case.
    The Australian Government has recently announced that a link between Agent Orange and 10 types of cancer has been accepted. However New Zealand War pensions have already been granted for many of those cancers. Entitlement is decided on the basis of medical reports and opinions from specialist medical examiners who are kept up to date with the current worldwide research and conclusions.
    The fact is that a Vietnam veteran is at liberty to apply for a pension for any form of disablement, and if it can be established that the disablement occurred or arose during service overseas then it acceptable as pensionable. It is not, nor has it ever been, necessary to issue a general determination in respect of certain types of disablement, nor to await such a determination from an overseas authority"

    Determinations Based on Overseas Authority

    Documentation of war pension application proceedings show categorically that weight has been, and is still given, to determination of overseas authorities. It only takes two examples to demonstrate the Minister Cooper's reply is not in accordance with facts.

    Example 1 [Circa 1990]:
    The following text is in relation to a war pension applicants appeal against declines of a claim. Each of the decisions declined the claims on the grounds that there appeared no causal link accepted by research. One statement follows in relation to an appeal:
    ... in offering a second opinion, commented [inter alia]:

    I enclose Abstracts from this research, you will see that this question was looked at by the Evatt Royal Commission in Australia. Although not everyone agreed with the findings of the Royal Commission, my understanding, reading these Abstracts, is that the Commission did not feel that veterans were at an increased risk of malignancy as a result of being exposed to Agent Orange.
    It is possible that further data will come to hand in the future, but I believe that at the present time there is insufficient evidence to support an association between Agent Orange and malignancy.

     Example 2 [Circa 1991:
    This example relates to an appeal against a War Pension Claims Panel decision in respect of lymphocyte cancer, usually incurable and as proved to be in this particular case

    "...It was said that this disability could have had its primary cause in service in Vietnam, but the Claims Panel determined that the condition could not be accepted as due to service. It noted that specialist evidence indicated that the condition was possibly due to late effect of defoliants but decided that this cause had not yet been proved or accepted..."

    Non-Hodgkin's lymphoma is a relatively uncommon cancer with an overall risk for males of about 1:10,000. 38 veterans stricken with non-Hodgkin's lymphoma were known to the Australian Department of Veterans affairs in 1990, a statistically significant figure for about 52,000 personnel from all arms of the military who served in Vietnam.

    Recommendations
    The reply from the Minister in Charge of War Pensions is inconsistent with experiences of veterans claiming war pensions for the types of medical conditions accepted by Australia. The Minister's response is also inconsistent in respect of reliance by War Pension Claims Panels on determination of overseas authorities.

    1. A New Zealand Vietnam veteran suffering certain medical conditions as accepted by Governments of Australia and the United States of America proceed with a war disability pensions claim, and pursue full entitlements to compensation and benefits. The medical conditions include:

    • non-Hodgkin's Lymphoma
    • Hodgkin's Disease
    • Multiple myeloma
    • Leukemia
    • Lung Larynx
    • Trachea cancer
    • Soft Tissue Sarcoma
    • Chloracne
    • Porphyria Cutanea Cardia

    2. A spouse or immediate next-of-kin of a deceased veteran undertake an appeal against any war disability pensions claim previously dismissed where the claim was in relation to certain medical conditions accepted by Governments of Australia and the United States of America, and pursue full entitlements to compensation and benefits. The medical conditions include:

    • non-Hodgkin's Lymphoma
    • Hodgkin's Disease
    • Multiple myeloma
    • Leukemia
    • Lung Larynx
    • Trachea cancer
    • Soft Tissue Sarcoma
    • Chloracne
    • Porphyria Cutanea Cardia

    3. A spouse or immediate next-of-kin of a deceased veteran undertake a war disability pensions claim if the veteran's death was attributable to certain medical conditions accepted by Governments of Australia and the United States of America, and pursue full entitlements to compensation and benefits. The medical conditions include:

    • non-Hodgkin's Lymphoma
    • Hodgkin's Disease
    • Multiple myeloma
    • Leukemia
    • Lung Larynx
    • Trachea cancer
    • Soft Tissue Sarcoma
    • Chloracne
    • Porphyria Cutanea Cardia

    4. The Government undertake a mortality and health study of Vietnam veterans.

    Recommendation 3 requires pursuance as, to the best of my knowledge, it is without precedent. Under common law, prior to 1972, a citizen could take civil proceedings against another party following a death for negligent actions that contributed to such death. Military service personnel are barred from such action, hence the War Pensions Act. Typically, the spouse and/or children of a deceased veteran:

    • who had not made any war disability pension claim, and
    • whose death was attributable to the cancers accepted by the Australian and United States Governments.

    are being denied rights and benefits as provided in the War Pensions Act when the veteran's death is attributed to active service.
    Minister Cooper's response effectively means a veteran suffering the types of medical conditions accepted by Australia rather than conventional war injury has to establish proof that the medical conditions are attributable to service. Not a helpful situation when the former employer was responsible for placing an individual in the position to contract such medical conditions invoked by the military allies.

    Victor R Johnson
    3 December 1994


    AGENT ORANGE SYNOPSIS
    • 1965-1972 Agent Orange and other herbicides aerially sprayed in South Vietnam to defoliate the vegetation for the purposes of denying the enemy cover.
    • 1979 Concerns in the USA about the forms of cancers afflicting Vietnam veterans and deformities among their off-spring.
    • 1980 Class Action law suit commenced in the US by veterans against herbicide manufacturing companies that supplied components to the US Government for use in South Vietnam.
    • 1981 New Zealand veterans join the US Class Action suit.
    • 1984 Out-of-court settlement of $180 million, largest ever payment of its kind at that time.
    • 1985 Australian Royal Commission reports that service in Vietnam "has not and will not cause cancer".
      New Zealand Agent Orange Trust Board established by Trust Deed.
    • 1990 Australian Administrative Appeals Tribunal finds there is reasonable hypothesis that death of a veteran from a rare from of cancer was caused by exposure to chemicals in Vietnam and his widow is entitled to compensation.
      Australian veterans afflicted with non-Hodgkin's lymphoma receive disability allowance after US research finds veterans are 50 percent more likely to have the disease.
      Agent Orange Scientific Task Force report is released.
    • 1991 US House of Representatives approves Bill guaranteeing permanent disability benefits to veterans suffering exposure to Agent Orange.
    • 1992 Australian Appeals Tribunal upholds an earlier judgement that a veteran's rare form of brain tumour was caused by exposure in Vietnam to herbicides and pesticides.
      Australian Appeals Tribunal also finds that cancers diagnosed in two veterans could be attributed to chemicals that include Agent Orange.
    • 1993 US Department of Veterans Affairs accepts two cancers as being attributed to service in Vietnam.
    • 1994 The Australian Federal Government accepts clear links between Agent Orange and cancer after independent report overturns finding of the Evatt Royal Commission.
      New Zealand Minister in Charge of War Pensions says Government will not formally acknowledge service in Vietnam as the only qualification needed to sustain an application for war disablement pension in respect of any form of cancer or any other form of disability.

      The Minister also advised that the law requires each application be decided on the individual circumstances of the case. It is not, nor has it ever been, necessary to issue a general determination in respect of certain types of disablement, nor, to await such a determination from an overseas authority.

    6.3 Soft Tissue Sarcoma

    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 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

    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:

  • Failing to seek medical treatment
  • Misdiagnosis of a condition
  • Self-treatment over many years
The following table shows the current health disorders accepted as service related disabilities by the USA Veterans Administration.
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

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.

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

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.

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

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.

B. Spray in III Corp increased 10%

The following supplementary paper was presented to the Select Committee on the day.

The Extent and Usage Patterns of Military Herbicides in Vietnam, 1961-1971: A Reanalysis Based on Examination of Newly Analyzed Primary Source Materials 1
Jeanne Mager Stellman*, Steven D. Stellman*, Richard Christian § , Tracy Weber*, Carrie Tomasallo*, Andrew Stellman ¥

*Mailman School of Public Health, Columbia University, § Military Consultant, ¥ Foundation for Worker, Veteran and Environmental Health



INTRODUCTION
Herbicides were used as one weapon of war in an operational program known as Traildust that was run collaboratively by the governments of the United States and South Vietnam. Military operations carried out by United States Air Force personnel were known as Operation Ranch Hand. Spraying of herbicides in Operation Ranch Hand was primarily carried out by (C-123) fixed-wing aircraft. Helicopters were sometimes used and South Vietnamese personnel participated in some missions. A small percentage of all herbicides was dispensed by American and South Vietnamese army units and in some naval operations, particularly around the perimeter of military installations.

Every mission carried out by Operation Ranch Hand belonged to an Air Force Project which contained one or more specific targets. Each project and each target within a project was subjected to lengthy series of South Vietnamese and American military and civilian committee reviews before it was approved. The approval process could take as long as one year. The National Academy of Sciences (NAS) has already described the approval process 2 .

Examination of the background documents available to the NAS reveals that they were not provided with the working files documenting each Project. (This is understandable given that the NAS Committee was in session and issued its reports while the War was being conducted.)

We have had the opportunity to examine all Air Force documentation on Operation Ranch Hand Projects that are held in the US National Archives. In this presentation we provide a summary of data on the specific active targets that were sprayed in Vietnam during the years 1961-1971.

METHODS
As part of our work for the National Academy of Sciences, we have carried out extensive quality control and updating of the HERBS files. The NAS had originally estimated about a 10% error rate in the files. We confirmed this rate and corrected most of the errors. Much of our work involved reference to original source documents, particularly the DAARS reports: Daily Air Activities Reports, which were produced by the Air Force for each mission flown. Close examination of the DAARS led us to seek more information on Operation Ranch Hand projects, which we located at the US National Archives in College Park, Maryland.

We read each of the Folders and electronically scanned the detailed target maps which contained over 400 individual targets. Using map digitizing software and a light pencil, each target was traced and its longitude and latitude derived.3 Where maps were no longer present in the folders we extracted the written specific coordinates of all approved targets and translated the coordinates from the military UTM system to longitude and latitude.

A SQL database was designed, an identification system for all targets and projects developed, and database tables created. In other aspects of our work for the National Academy of Sciences we have developed a geographic information system, GIS, for the southern portion of Vietnam which comprises 176,060 grids with boundaries 0.01º longitude and 0.01º latitude apart. The gridpoint identifier serves as the index key for each of the database tables. Our next task was to identify the specific grids “contained” within each target. We used a point-in-polygon algorithm to determine whether the centerpoint of each grid was “inside” or “outside” each target. The gridpoint key of each of the “contained” grids was entered into a containment table in the database, and linked to appropriate target identifier. Analyses were carried out to derive basic statistics on the extent of target containment and spraying.


RESULTS AND DISCUSSION
One hundred twenty-eight Projects, comprising 540 requested targets have been identified from the archived records. Many targets overlapped each other as part of separate Projects with separate tactical objectives, and some targets were approved but not sprayed. More than 475 targets were sprayed at least once and most were sprayed at least twice to achieve the military defoliation or crop destruction purpose.
Figures 1-3 show the targets found. Figure 1 illustrates more than 400 individual targets throughout the Republic of Vietnam and portions of Cambodia. The most heavily sprayed area of the country was located in III Corps Tactical Zone which included the capital, Saigon, and the waterways which connected it with the South China Sea. Figure 2 shows III Corps targets in greater detail, and Figure 3 shows a number of individual waterway targets in the area most proximate to the coastline, as well as nearby highway targets.

We have used our GIS system to identify the correspondence between targets and actual herbicide spraying, and have calculated the acreage covered, the extent of overlap and the dates during which targets were active. The target areas, activity dates and estimated exposure opportunity scores provide an independent exposure measure that may be more tractable and comprehensible for population and ecological studies than a system based on calculations drawn from modeling nearly 25,000 individual spray points. We propose that these targets can serve as a exposure measure, similar to the three-zone system used in Seveso.


1 Supported by the US National Academy of Sciences (subcontract NAS-VA-5124-98-001).
2 National Research Council Committee on the Effects of Herbicides in South Vietnam. The Effects of Herbicides in South Vietnam: Part A. Washington, DC: National Academy of Sciences, 1974.
3 R2V raster to vector conversion software (Able Software Corp, Inc., Lexington, Massachusetts)



Copyright, all rights reserved. Website created by Victor Johnson, 26 November 2003.