John Plahovinsak
The bipartisan legislative H.R. 2447, the Panama Canal Zone Veterans Act of 2023, was introduced in Congress by Representatives Maria Salazar and Dina Titus on March 30, 2023.
It has secured twenty-one (21) Democratic and eight (8) Republican co-sponsors. However, none of the co-sponsors are from the State of Ohio.
This proposed legislation will provide veterans with access to healthcare they earned by their military service in or near the Panama Canal Zone to treat illnesses contracted through exposure to deadly herbicides, such as Agent Orange or Agent Purple.
Thousands of veterans served in the Panama Canal Zone from January 1, 1958 to December 31, 1999. Unfortunately, the Department of Veterans Affairs (VA) contends that “tactical” herbicides were not used in or near the Canal Zone. Therefore, the VA will not provide the necessary medical healthcare benefits to them.
Over four hundred (400) veterans who served in the Canal Zone have already developed cancer, heart disease or other health issues consistent with herbicide exposure.
While proving exposure is nearly impossible due to a lack of accurate record-keeping and the inability to know the precise location of spraying, what records exist corroborate the presence of herbicide in the Panama Canal Zone during the 1950s through the 1970s.
According to the United States’ own existing records, both Agent Orange and Agent Purple were shipped to Panama from 1958 until December 1977. These herbicides were routinely used on several military bases in Panama to kill poison ivy, poison oak and sumac, where troops were deployed.
According to Navy Commander John B. Wells, Chairman of Military-Veterans Advocacy (MVA), “We have over 150 pages of shipping documents showing that the herbicide was shipped to Panama, as well as pictures of herbicide spraying within the Canal Zone.”
“As late as February 2020,” Commander Wells continued, “empty herbicide barrels were used by the Panamanian government to block access to the old base located at Fort Sherman, Panama.”
On August 19, 2021, Congressional Representatives Marie Newman and Maria Salazar had introduced H.R. 5026, the bipartisan Panama Veterans Herbicide Relief Act during the 117th Congressional Session. Although the bill had sixteen (16) co-sponsors, none were from the State of Ohio.
Their bill would expand presumptive coverage to these veterans like the coverage already provided for those veterans who served in Vietnam, along the Korean Demilitarized Zone (DMZ) and on the base perimeters located in Thailand.
The recently passed Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act omitted veterans who served in Panama from the coverage based under the erroneous assumption that neither Agent Orange or Agent Purple were used in Panama.
The VA must prescribe regulations providing for a presumption of service-connection whenever there is a determination that a positive association exists between the exposure to an herbicide agent known or presumed to be associated with service in or near the zone and the occurrence of an illness in humans.
Under a “presumption of military service-connection” certain conditions that were diagnosed in veterans are presumed to have been caused by the circumstances of their military service. This means, they could receive federal benefits and disability compensation from the VA.
The presumption of service-connection applies to illnesses listed in H.R. 2447 or those that have a positive association with exposure to an herbicide agent that is known or presumed to be associated with service in the zone during the specified period.
Also, illnesses that became manifested in a veteran, who served in the Panama Canal Zone, during the specified period and was exposed to an herbicide agent during such service are also covered in H.R. 2447.
“We need to provide our veterans with the healthcare they deserve, and which they need,” said Representative Salazar. “The risked their lives every day for our country, its only right to be there for them in their time of need.”
“Last year the Honoring Our PACT Act, which I was proud to vote for, finally secured critical health care services for veterans who were exposed to toxic burn pits,’ Commented Congresswoman Dina Titus. “
“Similar benefits have been provided to ‘atomic veterans’ with presumption of illnesses caused by exposure to radiation in the South Pacific and at the Nevada Test Site,” concluded Titus. “I’m helping lead this legislation to extend similar protections to even more veterans. It’s the least we can do.”
My Opinion: It is evident, from the documentation obtained by the Military- Veterans Advocacy (MVA) organization, that both Agents Orange and Purple were used by the American military in the Republic of Panama to control the growth of foliage and vegetation around our military bases.
The VA’s refusal to accept responsibility by denying healthcare to the veterans that have served in Panama is based upon their opinion that “tactical” herbicides were not used in or near the Canal Zone.
The “intent” of the PACT Act gives the benefit of “presumption of service-connection” to veterans. This is the “intent” of the VA Secretary Dennis McDonough. This “intent” should be extended to the veterans who served in Panama from 1958 to 1977 when Agents Orange and Purple were shipped in-country for spraying. H.R. 2447 should be passed!
BioSketch: John Plahovinsak is a retired 32-year Army veteran, who served from 1967 to 1999. He was assigned to the United States Southern Command in Panama from 1992 to 1994. He is the Disabled American Veterans (DAV) Department of Ohio Hospital Chairman. He can be contacted at: plahovinsak@msn.com.