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Herbicides Used In Vietnam
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Yearly Herbicides Used In Vietnam

A Report to the California Legislature
Agent Orange Program
Assembly Bill 3443, Chapter 2480, Statutes 1984
State of California, Dept of Veterans Affairs, 1-87

Special thanks to Richard Raine, Special Projects
Dept of Vet Services, Div of Vet Affairs, 1227 O Street, PO Box 942895 Sacramento CA 94295-0001, 916-445-2334

Dept of Vet Affairs: Jesse G Ugalde, Director, David R Matsler, Chief Dep'y Dir, Robert Ruiz, Chief, Vets Srvcs Div

BIBLIOGRAPHY

California sent 936,000 men and women to serve in the armed forces during the V'nam era years 8-64 to 5-75. Of the 302,396 men and women who served in Southeast Asia [SEA] (SEA includes V'nam, Cambodia, Laos, and Thailand), 5,576 were killed and 246 are still listed as missing in action. While there is no definitive number of men and women who came in contact with Agent Orange [AO], the probability does exist that a majority may have been exposed.

Of the many concerns of the V'nam vet [VV], one of the most controversial has been that of AO. The use of AO in V'nam has surfaced issues and problems that have not yet been resolved, not only in the medical field but in political, economic and ethical fields as well. Solutions to all of these problems cannot be foreseen, This report addresses 1 issue - medical. The Dept of Health Services estimates in a 1985 report to the Legislature that State administered AO study would take from 5 to 8 yrs and estimates the cost at $28,000,000. Recent developments on the AO controversy have intensified vets' concerns.

Recent developments include:

A decision by the Centers for Disease Control [CDC] to suspend all AO studies pending a study protocol to determine AO exposure as of 8-13-86. (Attachment B) first time, asserts that it's possible to determine that high levels of dioxins used in AO are still carried by VV's today. The question remains as to what levels of dioxin are necessary before dioxin-related health effects appear? (Attachment C) Women/civilian [civilian] inquiries about AO and the formation of associations to present their viewpoint. A halt in the distribution of the AO settlement pending the hearing of an appeal, that the distribution plan fails to connect the vet ailments to AO exposure as of 8-28-1986. (Attachment D) A variety of books, movies, magazine articles, television and newspaper features about AO that serve to remind the vet of the controversy.

(Bibliography)

The 11-86 release of previously classified documents by the Dept of Defense that reveal additional information [info] about the AO program [prog] in V'nam. These documents suggest that a number of additional chemicals [chem] were used or tested during the AO prog. The Sept release by the National Cancer Institute and the University of Kansas report that farmers and workers exposed to herbicides [herb] are 600% more likely to contact lymphatic than people who were not exposed. (Hoar, 86)

LEGISLATION

The California Legislature adopted Assembly Bill 3443 (Kayden), and the bill was signed by Governor George Deukmajian 11-25-84 (Attachment K).

This legislation required the Dept of Vets Affairs to:

- expand the existing AO outreach prog

contact vets previously referred to the Veterans Administration [VA] and survey the level of VA service provided and the vets level of satisfaction.

Identify, locate, and assist civilians who served in V'nam in obtaining info on AO exposure and treatment options.

Prepare a report to the legislation which will include:

A description of the AO problem as perceived by the VV

Statistical info about VV's and civilians

A description of the Dept of Vets Affairs outreach prog

AO research prog status

VV's reactions to the VA AO prog

Vets' recommendations to improve service to the VV's

The role of the Board of Medical Quality Assurance in the dissemination of info through physicians on AO exposure health care and compensation services of the VA.

The availability of federal and private funds to offset state incurred in assisting vets filing a defoliant related claim. The dept was to investigate and report the findings, together with recommendations pertaining to the concerns of California's V'nam vets, by 1-1-87.

Approximately 660 interviews have been made and a significant amount of data and background info have been gathered and catalogued in preparation for this report. Additional and extensive material can be made available for future reference.

Attached is a Bibliography of source material used on the preparation of this report.

SUMMARY of LEGISLATIVE MANDATE:

The Legislature requested certain info about the AO prog and expressed concern about the VV's who have expressed physiological and psychological problems due to exposure to AO, The vet, both military [military] and civilian, are concerned with 1 or more of the following issues, which most feel remain unanswered;

Psychological problems such as a high rate of rare cancers (soft tissue sarcoma, etc.) and other forms of cancer (skin, kidney, etc.). In a number if instances the cause of the cancer was unknown since a family history of cancers was found to be negative.

The genetic deformities of the children and their succeeding progeny. A number of vets feel that the deformity of these children is due to their exposure to herbs, specifically AO. The perceived lack of progress with AO hlth studies by the VA, CDC and other contractors.

The legal settlement of less than 1/2 cent on the dollar. The suit was for $40,000,000,000 and was settled out of court for $180,000,000, If equally divided among the 3 million exposed veterans, they will be compensated at less than $60 each.

The Board of Medical Quality assurance generally refers the vets' private physician to the VA for the AO physical examination protocol, instead of providing their own examination protocol.

There are no provisions in the federal budget for funding to assist the state in providing an AO outreach prog.

DIOXIN:

Dioxin is a colorless crystal made up of oxygen, hydrogen, and chlorine in a compound 2,3,7,8,-tetrachlorodibenzo-p-dioxin referred to by most non-scientists simply as dioxin or sometimes abbreviated as TCDD. Dioxin is a trace contaminant in the herb 2,4,5-T which was a main ingredient in several of the agents used during the defoliation prog.

Dioxin is rapidly decomposed by sunlight, (Crosby and Wong, 1977; Plimmer, 1974) and once in the soil dioxin becomes firmly bound to soil particles and are not appreciably taken up by plants but remain localized in the surface soil. Microdial degradation then comes into play and decomposes most of the dioxin to basic materials over a period of probably a year or 2. (Matsumura and Benezet, 1975)

This abbreviation is perhaps an unfortunate 1 for people familiar with chem nomenclature because dioxin is another compound. The 6-numbered ring C4,H4,O2 is dioxin; when the 2 oxygen atoms occupy positions opposite each other in the ring, as in the central ring of the compound shown, it is p-dioxin.

The compound shown is a substitute p-dioxin in which the 4 hydrogen atoms of the original compound have been replaced by 2 dichlorinated benzene rings, The molecule has 4 chlorine atoms at 2,3,7, and 8 ring positions: 4 hydrogen atom at 1,4,6, and 9 positions. The concern of VV's is the toxicity level of the estimated 368 pounds (Young, 1978) of dioxin used in spraying missions in V'nam between 1964 and 1975.

PESTICIDE

A pesticide is an agent (usually a chem) intended to kill pests, plants, insects, or fungi in nature. Pesticide is a general term which includes herbs, insecticides [insct] and fungicides. Following is a list of definitions which may appear in this report. HERB A chem intended for killing plants or interrupting their normal growth, such as weed, grass, or brush killer.

FUNGICIDES

Used on farm crops preferably as protective rather than curative treatments, being applied to the surface of the plant in suspensions or dust before attack of a fungus. Fungicides include inorganic forms of copper or sulfur, mercury, metallic complexes of cadmium, chromium and zinc, along with a wide variety of organic compounds, materials used in control of specific plant diseases. Use of some metallic compounds, especially mercurials, is now forbidden in many countries because of the hazard of poisonous residues. Some organic fungicides are systemic in action, absorbed, and distributed within the plant.

INSECTS

A substance or mixture of substances intended to prevent, destroy, repel or mitigate any insects which may be present in any environment whatsoever. The various inscts fall into 6 general categories according to the way in which they affect insects. The categories are: Stomach: Toxic quantities are ingested by the insect Contact: Kills upon contact with an external portion of the body. Residual: Remains toxic to insects for long periods after contact: application.

FUMIGANT: Possesses sufficient natural or induced vapor pressure to produce lethal concentrations.

REPELLENT: Doss not kill but is distasteful enough to insects to keep them away from treated areas.

SYSTEMIC: Capable of being absorbed into the plant system where they make plant parts insecticidal.

These definitions were reviewed by: The California Dept of Food and Agriculture and The California Dept of Hlth (Toxics Division) AO, the best known and most widely used herb, was the code name for 1 of the mixtures of commercial herbs delivered in barrels with a painted 3" orange stripe around each barrel for ease of identification and control. It was used as part of the massive military defoliation prog to destroy jungle cover, crops, and other vegetation in V'nam.

The 58 herbs, fungicides and insct used or tested in SEA are listed in Attachment K. Recently released documents suggest there were additional chems used or tested in V'nam.

EXPOSURE

Most military and or civilian personnel who served in V'nam from 1964 to 75 are unaware as to their exposure to herbs. This is primarily due to their lack of info about the herbs used in V'nam. However, based on available literature, if 6 months were spent in a lightly sprayed area the exposure level may be similar to that of spending 1 day in a heavily sprayed area, or spending a longer time in a heavily sprayed area some months after the spraying. The latter is attributed to the half life of dioxin. Because of the different methods of application of the herbs, exposure is difficult to determine for the following reasons:

Inadequate records about the type of herb used within geographical location and if the application was by military and/or civilian personnel.

Exceeding of manufacturers recommend dosage.

Incomplete and/or no personnel records of civilians exposed to and/or working with herbs.

Unavailability or records to identify the manufacturer to the herb used on missions.

Unavailability of local weather conditions, including time, humidity, temperature, and surface wind conditions.

As far as can be ascertained from research of literature, all herbs used by US forces were procured from US chem manufacturers or their licenses.

The active chem ingredients in the herbs used were identically to those used for agriculture in the country of manufacturer. No new herbicidal compounds of enhanced toxicity were especially developed for V'nam.

However, there is documentation that the application of the herb at times exceeded manufacturers' recommendations (Young, 1978).

The toxicity of dioxin produced by the manufacturers varied from .02 parts per million [PPM] to 68 PPM, a difference of 3400 times. The Environmental Protection Agency [EPA] has determined that dioxin is toxic to humans at the part per trillion [PPT] level. A comparison of ppm and ppt is 1 ppm equals 1 drop of gasoline in a 28 gallon fuel tank. 1 ppt equals 1 drop of dioxin in a string of railroad tank cars over 10 miles long. The EPA considers any exposure to dioxin toxic to humans (NIOSH Bulletin #40, 1984). Military and civilian personnel in V'nam were subjected to herbs due to exposures through multiple exposure routes, e.g., ingestion of contaminated food, inhalation and dermal exposure from spray and spraying drift; inhalation from burning brush which would likely release dioxin by pyrolysis of 2,4,5-T; breathing and ingestion of contaminated dust; and in some cases, the use of discarded pesticides drums for stoves, heaters, showers and storage containers.

The Air Force Ranch Hand Project records detail 6,542 Air Force defoliation missions flown between 8-65 and 2-71, but do not include:

All spray missions prior to 8-65.

Helicopter spray missions prior to 8-68.

Helicopter spray missions of camp perimeter.

Truck and boat spray missions.

Back pack spray missions.

Navy Seabee spray missions.

Army/Marine crops engineer's spray missions.

Air America spray operations.

South V'namese Air Force spray ops.

Australian, New Zealand, Korean, and Philippines spray missions.

Civilian use of pesticides. The most difficult part of proving that hlth problems were caused by exposure to AO is in presenting verifiable evidence that they were exposed to AO. With inadequate personnel and spray ops records available for the military or civilian personnel to establish a cause/effect relationship of AO and hlth problems seems beyond the capabilities of vets and/or civilians.

VETERANS ADMINISTRATION [VA]

In 1-78 the VA received the 1st of what was to become numerous claims (over 200,000) from vets who felt that their hlth problems were as a result of their exposure to AO while serving in V'nam. In 1-79 the Congress enacted legislation (Public Law 96-151) directing the VA to design and conduct an epidemiological study to determine of exposure to AO had caused long-term adverse hlth problems for VV's vets (Attachment F). In 11-81 the scope of the study was expanded (Public Law 97-72) to include other factors in the "V'nam Experience", including medications, environmental hazards or conditions. The conclusion was that, as of 1-83, no casual relationship existed between hlth problems experienced by some VV's and dioxin exposure.

In 1-83, the responsibility for designing and conducting the AO investigation was transferred from the VA to the CDC. Nevertheless, the VA retains the responsibility for giving the AO examination [exam] and subsequent treatment of vets. However, the request for an AO physical exam must be initiated by the vet. (Attachment E) The VA does not provide AO medical exams for civilians nor is there any specific federal or state agency or prog providing AO physical exams. The civilian is free to take an AO exam through his/her personal physician with the VA providing the protocol for the examination. Because there is no provision for a compilation of data regarding civilians in V'nam, it is unknown just how many civilians were exposed to AO.

CENTERS FOR DISEASE CONTROL [CDC]

In 1-83, the responsibility for designing and conducting the AO study was transferred from the VA to the CDC. In 5-83 CDC scientists completed detailed guidelines (protocols) for the AO and V'nam Experience studies, recommending that a 3d investigation be conducted at the same time to determine the risk of VV's developing selected types of cancers.

DESCRIPTION: AO and V'NAM EXPERIENCE STUDIES:

Although both of these studies are in some respects similar, each has a separate purpose.

A. The AO study is designed to determine if military personnel who were exposed to herbs during their service in V'nam are suffering from any long-term adverse hlth problems as a result of that exposure.

B. The V'nam Experience study is designed to, demonstrate whether or not there is any difference in the hlth of vets who served in V'nam compared to the hlth of vets who served in other countries during the same period of time.

With the help of the Dept of Defense [DOD] and other agencies, CDC is to identify a minimum of 30,000 qualified vets to participate in the studies: 6,000 in each of 5 separately defined groups. The 5 groups, or cohorts, are to be made up of vets who:

1) Served during 1967-68 in a specified area of V'nam, and were likely to have been exposed to AO.

2) Served during 1967-68 in the same area of V'nam as cohort one, and were less likely to have been exposed to AO.

3) Served during 1967-68 in another area of V'nam and were not likely to have been exposed to AO.

4) Served in V'nam during 1966-72, randomly selected from all areas.

5) Served during 1966-72 in countries other than V'nam.

Data for the AO study will be gathered by interview from cohorts 1, 2, and 3. Cohorts 4 and 5 will provide data for the V'nam Experience study.

The studies require the cooperation of a large number of V'nam-era vets willing to be interviewed about their hlth status and experiences before, during, and after those years. Participants are selected following scientific guidelines established by the research protocols.

Only vets who have already been interviewed will be selected to take a 3-day medical exam. Once selected the vet will receive a letter explaining the exams, and to make arrangements for the exam with the Lovelace Medical Center [LMC], Albuquerque, NM. LMC and other non-gov't research firms have been contracted to collect the data for these studies; all analyses and interpretation of data is done by CDC. The 10,000 medical exams will be conducted in non-hospital clinical facilities specially constructed for this project by the Lovelace Medical Foundation. All exams will be conducted at the same place to ensure that standard testing procedures are used, including 60 physical, psychological, and laboratory tests. Blood and urine samples will be required. No tests will be given that most persons would find painful.

Participants can refuse to take any test or to answer any question. If a vet's medical exam indicates the possible existence of a problem of any sort, they will be advised immediately and encouraged to seek treatment from the VA, private, or other medical service. VV interviews for the CDC Study began in 9-84, and will continue until 10-87. The 1st medical exams were conducted in 3-1985 and are expected to be completed by 1-88. The vet receives a stipend and transportation allowance to cover expenses during the exam.

DESCRIPTION: SELECTED CANCERS STUDY

There is some scientific evidence (Milham, 82) that exposure to herbs may increase the risk of several serious, but relatively rare, cancers in workers in industries which manufacture or use similar products. Because their cancers are so infrequently seen, the 30,000 vets in the study do not offer a large enough sample population upon which to base this investigation. Instead, 2 other groups will be studied in a "case-control" investigation. Because of the design of this study, vets and non-vets will he included in both the case and control groups.

The tumors selected for the study art: lymphoma, soft-tissue sarcoma, nasal and nasopharrangeal cancer, and primary liver cancer. The 1st group in the Selected Cancers study will be made up of male patients who have actually had these tumors, and who could have been in be militaryduring the V'nam conflict. The 2d group will include men of the same age and from the same current geographical area as the case cohort, but without the tumors. Using info from interviews and militaryrecords, CDC will determine which men in both groups are vets, which vets served during the V'nam era, an which vets may have been exposed to A).

INVESTIGATION RESULTS

The exact rate of progress of epidemiological studies of this size cannot be forecast. Collection and analysis of the large amounts of data needed for scientifically valid findings takes time; particularly when so many thousands of vets must be identified, located, interviewed, and examined. CDC is to report to each component of the study when it has been completed.

Final reports on the AO and V'nam Experience components are expected by 9- 30-89. CDC hopes that these studies will provide answers to many of the important questions being asked about AO and other factors related to service in V'nam. but, as in every epidemiolgical investigation - no matter how carefully designed and professionally conducted the possibility exists that definitive answers to some questions may go unanswered.

SUSPENSION OF STUDIES

In 8-86, the CDC announced a suspension of the studies begun by the VA in 1-78 because of the 1ack of accurate exposure records. Incomplete militaryrecords may make it impossible to perform the scientifically acceptable study ordered by Congress on the relationship between hlth problems and exposure to AO during the V'nam War. This does not affect the progress of the studies mentioned above, but does effect most of the studies described on pages 9 and 10.

CALIFORNIA VETERANS' SURVEY

Over 18,600 California VV's have responded to the VA AO Project Examination (Attachment J). Over 6,000 of these California Vets were referred to the VA by the California Dept of Vets' Affairs AO Outreach Prog (Attachment I) and have taken the VA's AO physical. As part of the follow-up prog by the Dept of Vets' Affairs a random telephone survey was made of 100 vets who took the VA physical and the following responses and opinions were obtained:

1. Was the VA physical complete, based on your pre-induction physical? Yes 21; No 72; don't remember 7

2. What symptoms were exhibited?
skin disorder 37
numbness 26
nausea/headaches 23
nerves 19
miscarriage/stillborn 19
birth defects 7
other 31

Note: The symptoms are typical of the type expressed by vets since the VA 1st began their study of AO.

3. Were you satisfied with the services you were provided by the AO staff?

- the VA: no 82; yes 18
- the state: no 73

Note; The states role is that of outreach and referral. A majority of the vets contacted expected the state to take a more active role, Specifically, that the state would conduct or sponsor research into the hlth effects of exposure to AO; that the State Attorney General would represent the vet before the VA through a class action suit, and force the VA to admit that AO is a cause and effect of hlth problems due to exposure to AO, and for the state to provide the needed medical care.

4. Did the VA provide follow-up service?

yes 62; no 22; don't remember 16

- What should be done by the federal govt to improve service:

- There should be a uniform policy for AO follow-up exams. Many vets who took the VA AO exam expressed concern about the level of follow-up services provided by the VAMC. for examp1e, from 12-84 to 4-86, Palo Alto VAMC gave 409 initial exams and 1 follow-up exam. During the same time period, Livermore VAMC provided 212 initial exams and 206 follow-up exams. - Provide "believable" responses to hlth problems diagnosed at the time of the AO exam. Many vets reported that the examining VA physician stated that the symptoms associated with AO were the result of other medical conditions. Specific examples cited were:

Skin cancer due to the sun, (In several instances, skin cancer occurred on parts of the body not exposed to the sun).

Liver damage due to excessive smoking and drinking. (Several vets who took the exam denied ever smoking or drinking).

Circulatory problems due to the hardening of the arteries. (This comment was made to vets who were between 35 and 40 years old).

The above opinions are best summarized in a 1982 General Accounting Office report updated in 88..., "The VA's AO Examination Prog: Actions Needed to More Effectively Address Vets' Hlth Concerns". The report is critical of the exams for being incomplete, poorly designed, and for being administered by physicians who are unfamiliar with the reported hlth effects of AO.

WOMEN VETS

During the war in SEA approximately 5,900 women [The Environmental Studies Group determined that 5,905 militarywomen served in-country during the V'nam War. Army 4,675, Navy 423, Marine Corps 36, and the Air Force 771.

(Domestic Policy Council, 10-85) served "in-country" in a variety of military occupations and in every geographical area of the country. Data is unavailable as to how many of the women were from California. As a result, their exposure would be similar as the male counterparts. According to Long and Hanson (1983), there is evidence to suggest that women are more susceptible to the side effects of exposure to herbs than men. In addition to having the same general symptoms, women exhibit an additional range of symptoms because of their child bearing ability. While there are over 50 CDC epidemiological studies being made on the effects of herbs, not 1 includes women, An unpublished study by Sharon Rice-Grant (1986) about the hlth of women vets who served in SEA disclosed that over 30% of the women who had pregnancies also had 1 or more miscarriages or stillbirth. This study also revealed that over 50% of the women vets have had a hysterectomy. A number of respondents reported they chose this option because of their concern about AO and the possibility of having deformed children. For many years,women avoided going to the VA because it was perceived that the services provided did not meet the needs of the female vet. The women vets express the same concerns as the male vet, e.g,, they want their handicapped children medically provided for, medical research conducted, published, and distributed on toxic chemical exposure, treatment info on toxic chem exposure provided to civilian physicians, and help in dealing with problems related to their service and exposure to AO.

These women express little concern about the AO settlement but are very interested in "where we are at right now..." and "...what is going to happen to me and my children".

CIVILIAN WORKERS SURVEY

In addition to the military personnel who served in V'nam, an unknown number of civilians, both male and female (estimates range between 19,000 and 60,000) also served. The DOD stated that "no records exist" of civilians that worked in SEA. However, civilians were issued militaryidentification cards (Attachment E) signed by a militaryrepresentative. Civilians also traveled under militaryorders and used militarytransportation and facilities. While civilians shared the risks of serving in V'nam and were exposed to the same herbs they are excluded from the $180 million dollar out-of-court settlement on AO and from VA medical services. There are no plans at this time for the Fed govt to provide medical services to civilians. Over 300 organizations and companies provided services in SEA through their employees. Some of these companies included: ABC News, AFSC, Air America, Bank of America, Catholic Services Organization, CIA, Dean Witter Investments, Drug Enforcement Agency, FBI, Federal Civil Service, 1st Natl City Bank, Foremost Milk Co, General Aviation, NBC News, Quakers, Salvation Army, Secret Service, United Nations, United Press, USAID, USIA, USO Many of these organizations and companies did not maintain (adequate) personnel records of employees that worked in V'nam. An additional factor in identifying civilians that worked in V'nam is that companies have merged or been sold, thus losing all personnel records. The majority of the 300 plus companies will be reluctant to release their personnel records to a public agency due to the privacy act.

A typical example is the American Red Cross in that they responded to CDVA's request for a list of civilians that worked in V'nam by stating that "The names of those staff who served in V'nam are not readily available and it would ba a time consuming research task to develop such a list of names, and we would also be unable to identify those persons who claim California as a residence. In any case, we would be unable to release such a list of names without permission of the persons on such a list." In 9-86 a new organization, the Civilian Vets of V'nam, was formed to propose federal legislation for hlth benefits for civilians who served in V'nam. (Bibliography)

SURVEY OF VETS RECOMMENDATIONS

During the many months of talking to vets, their dependents, and vets organizations, their comments and suggestions were summarized into these recommendations:

1. The State Attorney General should request a computer printout from the DOD of all California vets and civilians who served or worked in V'nam. The Dept of Vets Affairs requested a printout, without success, from the DOD.

2. The DOD printout should be compared to the Dept of Hlth's California Tumor Registry to determine the number of tumor incidences to answer the question - Do VV's have a greater incidence of cancer than the population in general?

3. The DOD printout should be compared to the Dept of Hlth Registry of Children born with deformities to determine if the children of VV's are born with a greater incidence of deformities than non-VV's. The above info should be gathered, researched, and distributed to military and civilian vets throughout the AO Prog.

HERB RESEARCH ORGANIZATIONS

(Attachment F)

American Academy of Sciences
American Chem Society
American Farm Bureau Federation
American Medical Association
American Society of Engineers
American Veterinary Medical Association
Armed Forces Institute of Pathology
Australia Dept of Agriculture
Australian Dept of Hlth
Canadian Wildlife Service
Dermatologica - Germany
France
Internatl Agency for Research on Cancer
Iowa State University
Italy
Kettering Laboratories
National Cancer Institute
National Institute for Occupational Safety and Hlth
NATO Workshop on Ecotoxicology - Britain
New York Academy of Sciences
Oregon State University
Presidents Science Advisory Committee
Swedish Environmental Hlth Dept
US Advisory Committee on Health Related EffectS of Herbs
US Air Force
US Center for Disease Control
US Dept of Agriculture
US Environmental Protection Agency
US Occupational Safety and Hlth Administration
US VA

ATTACHMENT B:

"Data Held Too Incomplete for Study of AO" By Larry Green, Times Staff Writer 8-13-86 Washg'tn - A White House [WH] panel has concluded that incomplete military records may make it impossible to perform a scientifically acceptable study ordered by Congress on the relationship between health problems and exposure to the herbicide [herb] Agent Orange [AO] during the V'nam War [VW].

As a result, tens of thousands of vets and their families might never know with scientific certainty whether a wide range of ailments were caused by wartime contact with the chemical defoliant. In addition, the failure to complete the study would leave in question the safety of using the herb - now banned by a presidential order - in future wars. The report by the panel also contains an allegation by the former top US military official in South V'nam [RVN] that the Justice Dept [JD] is "stonewalling" attempts by V'nam vets [VV] to get military documents to help substantiate court claims that they were harmfully exposed to AO. The JD dented the charge and said it has been cooperating with lawyers representing vets.

The entire 364-page document, a copy of which was made available to The Times, represents an effort by the Reagan Administration [RA] to respond to a 1980 congressional mandate to assess the possible health effects of AO, which contains small amounts of dioxin, a particularly toxic poison. The RA now appears to be on the verge of telling Congress it cannot complete the study.

"We're not saying people weren't exposed or that they don't have problems," said a scientist who worked on the report. "We're saying you can't do a scientifically valid study based on military records." While this was designed to be the most comprehensive study of the health effects of AO, other studies are tracking Air Force VVs who worked with the herb, examining the physical and psychological effects of service in V'nam, tracking women who served in V'nam and examining the development of certain kinds of cancer among VVs. So far those studies have found little or no correlation between health problems and AO exposure in V'nam. A copy of the science panel's report also has ben sent to the House Vets Affairs Subcommittee on hospitals and health care, which will turn it over to the congressional Office of Technology Assessment for review.

"There is unanimous agreement that an epidemiological study of ground troops' possible exposures to AO... based solely on military records, does not appear to be scientifically feasible," the WH's AO Working Groups [WG] science panel concluded.

1 official who helped prepare the report said: "The records do not support using the V'nam battlefield as a scientific laboratory." The records fail to show soldiers' daily locations or document all the aerial and ground spraying that was done to defoliate jungles and kill crops.

Before officially throwing in the towel, the WH panel is awaiting a report from the Centers for Disease Control [CDC], which is testing methods to detect dioxin exposure in blood serum.

But if that method cannot be combined with available military records to show which VVs were exposed to the herb, "the AO epidemiological study should be discontinued," the report says. The allegations that the JD is hampering efforts by VVs to settle AO damage claims in court are contained in a 100-page section authored by retired Maj Gen John E Murray, who was the US defense attache to RVN in 73 and 74 and head of a then-secret Pentagon command aiding the RVN army.

In early 85, 7 manufacturers [mfgs] of AO settled a massive class action lawsuit by VV's and their families who contended they were harmed by the chemical. The agreement created a $215 million fund to pay about 250,000 pending claims. The soldiers cited a wide range of ailments, including nerve defects, skin conditions, defects in offspring and cancer. Murray writes that the Joint Service Environmental Support Group, a Pentagon agency, has both documents and experts who could help settle the claims by that "the JD has prohibited this help to the vets and is in effect taking money out of their pockets."

The documents, though not sufficiently comprehensive for the scientific study, would show here some soldiers' units were operating at the time AO was being sprayed. "The JD... has declared the US will not help vets to obtain their maximum entitlements on a best evidence basis," Murray says. "This is apparent stonewalling." Murray says he met with JD officials as recently as 5-22 and they refused to change their position.

Richard K Willard, asst attorney general in charge of the civil div, replied that "we agreed to make available a very large amount of documentary material," including 16 boxes of documents and tapes. "What we would not do is participate in the structure and dispersal of the settlement." Willard said the dept also has refused to allow lawyers in the class action suit "free-ranging access to govt employees." The case is pending in a federal appeals court, and Willard said, "because this is ongoing litigation, these employees might be witnesses in future proceedings."

The section of the report authored by Murray also contains the proposal that the govt stop spending millions trying to determine the harm done to vets by AO sand, instead, make compensatory payments to VVs who may have been exposed. The US commonly compensated the V'namese for accidental wartime damage, Murray writes. "If we practice this for alien people, why not for our own?"

ATTACHMENT C

"Study Verifies High Levels of Dioxin in Vets' Blood" by Paul Houston, Times Staff Writer

Washg'tn - A break-through in the difficult effort to link VVs ailments to the wartime herb AO was proclaimed Wednesday with the release of a medical study verifying for the 1st time that VVs who were exposed to AO still carry high levels of its dioxin poison.

"We have found some startling evidence that we belive will re-open the AO issue," said Allen Falk, chairman of a New Jersey [NJ] state commission that organized a 3-year investigation of selected VVs by US and Swedish scientists.

Appearing with key House members and VVs at a news conference, Falk said he expects the study to affect a court case in which a $225 million settlement won in 85 by VVs against 7 chemical mfgs has been held up by a fed appeals court. The court blocked distribution of the money based on continuing complaints that the ailments had not been connected to AO exposure.

Falk said he expects the study to prompt renewed efforts by the fed govt to investigate health probs that thousands of VVs seeking VA disability payments contend were caused by AO.

Last July, the fed CDC told Congress inadequate military records make it impossible to pursue such an inquiry, which already has cost nearly $40 million. A WH science panel reached the same conclusion. However, Rep Bob Edgar (D-Pa) chairman of the House Veterans subcommittee on hospitals and health care, said there are indications now that the CDC will shift its investigation in the direction of the NJ study, which cost only $400,000. CDC officials could not be reached for comment.

The NJ study was based on a new high-tech method of measuring tiny amounts of dioxin in blood and fat tissue taken from 3 groups of VV: 10 who the Pentagon confirmed had handled AO regularly, 10 who served in V'nam but had little or no exposure to the defoliant and 7 who were stationed outside V'nam during the war.

The study found that the average dioxin level in the high-exposure group was 48 parts per trillion [ppt] - 7 times higher than the low exposure group and 10 times higher than the group from outside V'nam. Dr Michael Gochfeld, a professor at Rutgers Medical School, said that this 1st-time finding is highly significant but that a crucial question remains: What levels of dioxin are necessary before dioxin-related health effects appear? The poison has been linked scientifically to cancer, and VVs have contended that they have also suffered form nerve defects, skin conditions and defects in offspring.

Gochfeld said that investigators hope to establish by the end of the year whether health problems suffered by those in the high-exposure group could be tied to the high levels of dioxin in their systems. This will be done by studying the results of extensive epidemiological, immunological and other tests conducted on the 3 groups of VVs.

Rep James J Florio (D-NJ), a key mover of legislation to guard against toxic chemicals, called the new study "a major scientific breakthrough" that will have "an immediate national impact on the entire AO issue." Dr Ralph W Fogleman, a leader of the research team, said it is "phenomenal" that even trace amounts of dioxin would remain in the body 15 and 20 years after exposure.

"The fact we were able to detect this specific isomer is of extreme importance" not only for continued research on AO, he said, but also for testing suspected victims of chemical contaminants in industry and agriculture.

ATTACHMENT D

"Court Halts Distribution of AO Settlement"

The Sacramento Bee, Thursday, 8-28-86

By Ralph Blumenthal, New York Times

NY - A fed court plan to distrib more than $200 million among 250,000 VVs and family members who claim injury from the wartime herb AO has been blocked by an appeals court. The stay came more than 2 years after settlement of a lawsuit by VVs against 7 chemical mfgs, and just 2 days before parts of the plan were to take effect. The stay was ordered Tuesday in Manhattan by the 2d US Circuit Court of Appeals, and announced Wednesday by Fed District Judge Jack B Weinstein, in whose court the plan had been set up. In 1 of many strange twists in the 8-year-old case, the stay was sought by lawyers heading the VVs case. The lawyers argued that the distribution plan failed to connect the VVs ailments to their exposure to AO and thus ignored a fundamental contention of the VVs. The distribution was based on a key ruling by Weinstein that is was scientifically and legally unfeasible to connect the ailment to AO exposure. Instead, the judge decided, awards would be made on the degree of disability, regardless of cause. But some VVs groups have contended that their ailments were service- related, and that they were more eager to establish corporate and govt responsibility for their condition than to win a cash grant. The VVs lawyers asserted that, contrary to Wienstein's ruling, there was enough evidence to link AO to ailments, and that those VVs most likely to have been afflicted by the herb should get the most money. It was not clear from the terse order by 3 appeals court judges whether the panel had serious objections to the plan or only wanted more time to review it. Weinstein, who had approved the plan and was set to announce its 1st financial managers today, issued his own order postponing some work. The judge's so-called special master for the plan, Kenneth R Feinberg, a Washgtn lawyer, termed the delay "terribly unfortunate." The president of VVs AO Victims Inc, Frank McCarthy, 1st learned of the delay from a reporters telephone call and could not contain his tears. "I got no more cards," he said, choking back sobs. "I got no more hope." He said that while proposed cash grants under the distribution plan were meager, many VVs who were sick or had birth-deformed children had set great store by a $50 million foundation to counsel and aid VVs and their families. At issue is the disposition of what was a $180 million fund provided by 7 AO mfgs under the settlement of the lawsuit, reached 5-7-84. The fund, invested in time-deposits at Citibank, has since grown to about $225 million. If the stay had not been granted, Feinberg said, the 1st payments could have gone out between Thanksgiving and the end of the year. Despite the settlement, the chemical companies maintained there was no proven connection between dioxin contamination of their products and any illness or birth defect. The 7 companies are Dow Chemical, Monsanto, Diamond Shamrock, Uniroyal, TH Agriculture and Nutrition, Thompson Chem, and Hercules. The number of potential claimants was not known when the settlement was reached. Since then about 250,000 VVs and family members have filed injury claims. The number was far larger than anticipated and means the if the fund were to be divided equally, each claimant would get no more than $1000. Instead, as devised by Weinstein and Feinberg, about $250 million of the fund was to go to a foundation to finance services to ill VVs and family members.

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