Harold Johnson: After 50 years, Vietnam vets still fight for recognition, treatment
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Here I sit, a decorated, combat-related disabled American Vietnam veteran, on the annual National Vietnam War Veterans Day — an annual day of recognition of combat service associated with those who bravely and honorably service in the Vietnam War — and wondering why, after nearly 50 years of waiting for recognition of service, we, the forgotten, remain waiting for recognition as a result of combat-related disability and remain in the fight for life.
In 1986, the Nehmer v. U.S. Department of Veterans Affairs class action lawsuit was filed to challenge 38 C.F.R. 3.311a, a former VA regulation, “that stated, among other things, that chloracne is the only disease that scientific evidence shows is associated with exposure to herbicides like Agent Orange used by the United States in Vietnam,” according to the National Veterans Legal Services Program.
It was around that time that I notice district tremors in my hands. In 1986, I was unaware of any connection to the tremors and any exposure I had to Agent Orange. As time progressed, the tremors became more pronounced and spread to other parts of my body.
Fast forward to 2020.
In 2020, as the tremors progressed and I became aware of the Agent Orange and Parkinson’s disease connection, I conducted my own research and discovered that individuals were fighting the Department of Veterans Affairs for presumptive recognition of the connection between Parkinsonism and Agent Orange exposure. Additionally, I learned that the unit I served in combat with in the Navy was exposed to Agent Orange. In an effort not to burden the VA system, I decided to seek civilian neurological examination to determine my condition before filing a VA claim. It was confirmed. I was diagnosed with Parkinsonism.
In 2021 House Resolution 6395, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, went into effect, and in the early part of 2021, the VA was forced to recognize additional adverse and life-threatening effects of Agent Orange from military deployment in service to our country while fighting the Vietnam war. Parkinsonism was on the list.
Over time, my Parkinsonism has worsened. Because it took awhile to make the necessary appointments with the civilian neurologist to verify my Parkinsonism, it was not until April 2021 that I was properly diagnosed accordingly. On April 12, 2021, I filed a claim with the VA outlining the presumptive association between my Parkinsonism and exposure to Agent Orange. I knew this was going to involve a reasonably timely process. I have filed claims in the past; but none were presumptive. You see, I am 60% disabled due to hearing loss and tinnitus as a result of combat action so, under the presumptive claim process, early on, it was clearly determined that I served in the Vietnam War and my unit was exposed to Agent Orange.
Approximately one month after I filed my presumptive claim, and on May 27, 2021, Denis McDonough, the VA secretary, stated the following concerning the newly presumptive conditions (in my case Parkinsonism): “Many of our nation’s veterans have waited a long time for these benefits. The VA will not make them wait any longer. This is absolutely the right thing to do for veterans and their families.”
Please remember his statement. Presumptively, it was a lie.
Yes, we have been waiting a very long time, Mr. Secretary, and I am still waiting with no end in sight. Remember, I noticed my tremors around 1986 and that began the first fight for Vietnam veteran recognition for life-threatening, long-term suffering for all Vietnam veterans who were exposed to Agent Orange. In my case, it took until 2021 for the VA to acknowledge the presumptive association between Agent Orange and Parkinsonism. How many decorated Vietnam veteran service members passed away and have or are suffered while waiting for disability recognition?
As of March 28, 2022, the last communication I have with the VA concerning my claim from April 2021 states: As of Sept. 30, 2021, the VA is in the “Evidence Gather, Review and Decision” stage of my “presumptive claim.” Yes, for six months, no further movement.
So, what course of action can disabled Vietnam veterans take to help expedite situations like this where we are forced to wait for the VA to recognize presumptive exposure to Agent Orange? Wait for the government to enact laws to enforce the presumptive association? Wait for the VA to process claims? And wait for the results? Again, some of us have been waiting since 1986. Some of us didn’t make it through the wait; some of us will pass while waiting.
The only course of action we, who remain in the fight for our lives can take is to contact our VA state representatives and/or our congressional representatives. I did both. They contacted the VA and the VA told them that even though my claim is a 1986 Nehmer case, all Vietnam veterans, who have been waiting so long, must wait longer because our claims go on the bottom of the pile and the pile is heavy.
The Vietnam veterans who have waited over 50 years for recognition by our nation and waited for the right decisions for over 35 years do not meet the criteria to be moved to the top of the pile. Yes, there are criteria, but having to wait for recognition that long isn’t one of them. Even though we were in line for over 50 years — waiting.
Moreover, time is running out. As of the available and most current census taken during August 2000 (22 years ago), the surviving U.S. Vietnam veteran population estimate is 1,002,511. We have lost nearly 711,000 between 1995 and 2000: An average of 390 per day are passing. However, it’s now 2022.
Most likely, as time marches on, the death percentages will increase. Time is something that is becoming more elusive and precious for my Vietnam veteran brothers and sisters.
As of August 2000, 22 years ago, the Vietnam era veterans’ age is about 71, and we are still fighting the war; however, this time the enemy is our own government.
Harold Johnson of Hempfield is a retired special agent for the Pennsylvania Office of Attorney General.