If any issue lands on President Trump or Supreme Court Justice Neil Gorsuch’s desk it should be this one.
Now that the Veterans Administration Act has been signed on 23 June 2017, authorities will now be required to respond to new evidence concerning the construct of these wrongful acts which are directly linked to the Obama Administration scandal.
Here is a sign that things are going in the right direction:
Mr. Brannon, 7 July 2017
Thank you for bringing this issue to my attention. I intend to work with the Chairman of the House Oversight and Government Reform Committee Rep. Trey Gowdy, to properly investigate the issue of environmemtal issues at Camp Lejeune, to include a cover-up by the Obama Administration.
Once again, thank you for this notification. I wish you and your family the best. We must honor those who serve and their families. You deserve better then this.
With kind regards, I remain
Member of Congress
This case involves obstruction of justice, perjury, waste, fraud, abuse, mismanagement, environmental crimes, Constitutional Rights violations, and a series of violations of the law.
The bad actors associated with this case had an obligation to report the truth, including Veterans Administration officials who denied my 2009 VA benefits claims and appeals must also be held accountable.
In order to ensure this issue is properly addressed it will require both the Senate Judiciary and Oversight Committee involvement.
Issues of Concern:
In anticipation of a more fully amending and updating the historical record;
The Supreme Court and the 11th Circuit Court wrongly denied my Constitutional Rights, and my families rights against the government in the courts. This includes approx. 3,700 other veterans and their families.
Hired attorneys, and others, such as former Congressman Alan Grayson, avoided me and did not represent me or my family in 2008. Evidence suggests they were politically influenced by the Obama Administration not to act. According to the law, failing to act is a breach of duty and that caused my family and I to suffer financial harm.
Under the Federal Tort Claims Act rules, Federal District Courts must entertain and satisfy my families $120 Million Dollar Tort Claim attorneys filed for damages, because to ignore and abandon the principles of fairness, and due process, violates the rule of law! (emphasis added)
I provided incontrovertible evidence that would have changed the outcome of these acts, and it was deliberately “brushed under the rug”, and was not provided to investigators, or the courts, before or after these laws were enacted.
The following evidence was even provided to Virginia Senator Tim Kaine who also failed to respond to this issue. The facts were not acknowledged in any Congressional Testimony, Court Hearing, Government Accounting Office (GAO) report, or CDC/ATSDR report. They found it in their interest to ignore the ongoing public health threats identified.
This issue violated of the National Environmental Policy Act among others. Those who previously testified to Congress about the Camp Lejeune Water Contamination (EPA) Superfund site gave false testimony under oath! Thats perjury, and according to the law, the consequences of committing perjury, includes prosecution regardless of official status.
This explains why Obama and outgoing VA Secretary Bob McDonald “quietly made public” in their last days in office (Jan 13, 2017) to finalize these unconstitutional rulings through the mechanism of the Veterans Affairs which continued to spread misinformation in order to put a lid on this major environmental cover up.
One key point concerning the cover-up at Camp Lejeune was at least one NAVFAC Contractor who by the way contributed to Hilliary Clintons campaign in 2008, in the same year recieved a $200 Million Dollar Contract to cleanup 2 million metric tons of radioactive material which nearly 7 miles base road infrastructure now covers.
In addition, at least $10 Billion Dollars was used to coverup this highly radioactive contamination with twelve new Enlisted Marine Barracks and other infrastructure.
They wrongly filed with the Federal Registry, a 152 page document called “The Agency for Toxic Substances and Disease Registry the (ATSDR) Assessment on the Evidence for the Drinking Water Contaminates at Camp Lejeune and Specific Cancers and other Diseases” dated January 13, 2017.
The issue of water contamination at Camp Lejeune due to volatile organic compounds (VOC) is well documented and little action has been taken to assist military personnel and families affected.
This action derives from the “Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012,” and the associated environmental and medical matters section of the act (Title I), known separately as the “Janey Ensminger Act.”
As tragic as the issue has been for those involved it addresses only a fraction of the time period, scope, and level of risk truly faced by U.S. Marines and families who lived at or near Camp Lejeune (CLNC).
The Janey Ensminger Act wrongly applies to only fifteen (15) specific maladies experienced by people assigned to Camp Lejeune during a thirty (30) year period between 1957 and 1987, due to findings that these maladies were linkable to the water contamination, which ostensibly occurred only during these years.
In addition to the proven documented causes addressed by Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, numerous other more dangerous vectors were present during and beyond that 30-year period until at least 2012 and to the present.
Ample documentation of these carcinogenic vectors including deadly ionizing radiation exists in public record and on-line, but none of them appear to have been publicly acknowledged by the CDC/ATSDR or any other reports in relation to the abnormal rates of auto-immune thyroid cancers and birth defects among Camp Lejeune residents.
The remainder of this document will describe and categorically document those vectors, remediation efforts or the lack thereof, and findings which point to systematic attempts to obscure evidence of environmental and health hazards while concurrently failing to disclose them properly and timely.
My assessment reliably demonstrates that:
1. As a former U.S.Marine, my family and I were all exposed to various harmful environmental vectors not previously known by the public, and this time, not in a combat zone, but in the assigned housing area (818 Tarawa Terrace Blvd) and surrounding on-post environs. As a result of these conditions, I and all of my dependents have contracted the same specific or related maladies (cancers) at the same time. This is something our doctors (MD Anderson) have not seen before in any family.
2. These conditions were also known to the Department of the Army, Navy and Marine Corps at the time, and have been documented as hazards and violations both at the time of my exposure and since that time.
3. Protracted inability to file legal cases over the past eight years regarding the serious illnesses and conditions of my family and myself, is due to known federal legislative, political, and judicial interference of filing as a result of exposure to the contaminates at CLNC.
4. Attempt to seek redress for all of our losses, which include our pending lawsuits from the defendants currently remains unsuccessful.
5. While I am prevented by yet another poorly written law called the Feres Doctrine, from seeking recompense for this negligent, or perhaps willful, exposure to hazardous conditions, my dependents are not similarly prohibited! (emphasis added)
Attempts to pursue legal remedy have thus far been ineffective due to known political influence, and attorneys have been apprised that there is a reluctance to elevate this issue at a much higher level.
6. Reliable documentation I have compiled dating from the period of my family’s exposure up to the very recent past indicate an ongoing and documented situation, which has remained uncorrected up to the present.
7. The impacts to myself and my family represents an ongoing public health hazard which has and will continue to affect tens of thousands of military personnel, their dependents, and in the guise of serious health impacts, including terminal illness, premature death, and or birth defects we experienced.
To date, no comprehensive remediation has been conducted, nor does it appear from the reliable documentation I have compiled that any comprehensive solution has or will be attempted. Action must be taken.
8. I have attempted to remedy this situation concerning the wrong information within the Janey Ensminger Act and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 stipulation only the period of from January 1, 1957 to December 31, 1987.
This wrongly passed legislation signed by President Barack Obama “Caring for Camp Lejeune Veterans Act of 2009 (S. 1518) through means of documented regulatory reporting and attempted litigation, have been rebuffed in some manner at every avenue.
Congressional investigators must also know about the decisions Barack Obama made to cover up his renewable energy policy, which involves Duke Energy “Camp Lejeune Solar Facility” which installed Fifty-Seven Thousand (57,000) Solar Panels costing tens of millions of dollars;
The “so what” to this is the amount of pay to play dealings that involves “Tens of Billions of Dollars” in an environmental infrastructure cover up, illegal fraud, and kickbacks schemes that also involved Hillary Clinton and Rad/Nuc cleanup contractors at Camp Lejeune. It involves at least two (2) million metric tons of deadly contaminated waste, some of which, was found underneath the majority of roadways and nearby 57,0000 solar panels!
9. Nearly one thousand in-ground radioactive (carcinogenic) hazardous waste sites sit directly over the fresh water portion of both the Castle Hayne, and Tarawa Terrace water aquifers, and some are documented on top of water lines and very near water wells, never previously mentioned in any ATSDR report. Many of these sites are on Tarawa Terrace, Holcomb Blvd. and Hadnot Point, Camp Johnson area.
10. It reveals more “Pay to Play” deal by Hillary Clinton who actually made large sums of money targeting this cold war environmental Superfund cleanup site, which is directly linked to both the Camp Lejeune scandal, and the Veterans Administration scandal which she stated is not a widespread problem.
11. Documented and abandoned dangerous Highly Enriched Uranium (HEU) by-product (Radium 226) alpha/gamma ionizing radiation exposures from luminescent naval ship deck markers which still litter the public areas of Onslow Beach. (emphasis added)
12. Open-source reporting revealed previous Camp Lejeune Air Station UH-1 helicopters were fixed with the U.S. Army’s prototype Ultra Low Volume (ULV) Tactical Herbicide Spraying System, namely the (AA 45Y-1) Agent Orange Defoliant Dispenser, which sprayed large quantities of Agent Orange and Agent White (a more potent herbicide) on Camp Lejeune in 1971.
13. Multiple same EPA violations occurred concerning eighteen (18) years of airborne contamination releases, specifically (so called accidental) incinerated radioactive medical waste I-131 isotope constituents combined with dioxin (TCDD) generated by the U.S. Naval Hospital incinerator stack on Brewster Blvd.
Independent and validated EPA approved AERMOD / Screen 3 analysis conducted clearly demonstrates releases of Dioxin 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), which is the single most dangerous carcinogenic compound chemical known to man kind.
It was combined with plumes of I-131 Radioactive airborne particulate matter through accidental medical waste incinerations over Tarawa Terrace during 1989-1991 time frame. That is when my family and I were stationed at Camp Lejeune.
This alone is a violation of the National Environmental Policy Act, in that the government did not give properly consideration to the surrounding environment prior to building the new Naval Hospital on Brewster Blvd. where my youngest son was born. He too developed birth defects.
14. The nearby General Electric (GE)- Hitachi Global Uranium Hexafluoride (UF6) Enrichment Plant in Wilmington N.C. “openly admitted potential harm to Camp Lejeune,” and surrounding population for forty (40) years of documented environmental dangers of Uranium Hexafluoride affecting Camp Lejeune from nearby Castle Hayne, NC, Global Nuclear Fuels-Americas, LLC;
The radioactive dose factors for the Camp Lejeune population is well within 50 miles and subject to annual Radioactive atmospheric incidents and inhaled radionuclide releases have been documented over Camp Lejeune.
The release of radioactive material to the air and water from the GE- facility represents a potential negative impact on the health and safety of the surrounding population.
Disabled American Veterans (DAV) Senior National Appeals Officer Validation Letter (2015)
The veteran [Peter K. Brannon] disagrees with the February 11, and November 19, 2014 rating decision that continues to deny the (VA) benefits sought.
Issue of Contention – Entitlement to service connection for residuals of thyroid cancer as due to the environmental hazard exposure., to include the question of whether new and material evidence has been received in order to review the case on the merits. Ethical issues concerning counsel was influenced by politicians and defense legal advisors.
Facts – Mr. Brannon has served honorably on active duty (twice) in the United States Marine Corps (Marines) from June 1977 to April 1983, and again from April 1989 to April 1997, including documented service at Camp Lejeune, North Carolina (CLNC).
Mr. Brannon provided a medical opinion from Dr. Jennifer Tseng of the Anderson Cancer Center, dated in September 2008, [and Dr. Victor Harding in 2009] confirming his diagnosis and his famlies opining that there was a known link between radiation exposure and thyroid (and other) cancers. Rating action of July 2010 wrongly denied service connection for the thyroid disorder.
The veteran timely disagreed, and on November 16, 2012, a Statement of the Case (SOC) was prepared and provided to him. Since the SOC was prepared more than a year after the original decision, the veteran was afforded 60 days, until January 16, 2013, to substantiate the appeal.
In a substantive appeal signed by the veteran on January 11, 2015, and date stamped as received by the VA on January 28, 2013. The envelop with the postal stamp was not maintained. VA (wrongly) determined the substantive appeal was untimely and accepted it as a claim to reopen, but does not appear to have accurately documented the time frame for submission. Martin Luther King (MLK) Day is a Federal Holiday. In 2013 MLK Day was Monday January 21st.
In September 2013, additional evidence was received from the veteran [Peter K. Brannon] and associated with electronic files. The evidence does clearly document the use of aerial herbicides (Agent Orange) at Camp Lejeune in 1970 and 1971. [U.S. Army’s Prototype (Agent Orange) Ultra Low Volume (ULV) Tactical Herbicide Spraying Apparatuses.
Technically, these were identified as (AA 45Y-1) Agent Orange Defoliant Dispensers, which actually sprayed large quantities of Agent Orange and Agent White (more potent Herbicide) over 500 acres on Camp Lejeune in 1971.
It additionally contains a certification dated in June 2013 from Dr. Andrew Ralowitz, PhD, a specialist in Agronomy & Plant Genetics; Soils, Water and Engineering (SWE). Dr. Ralowitz goes into detail to explain not only his professional competence and background to proffer the endorsement, but also details Mr. Brannon’s experience and expertise to have developed the evidence. Dr. Ralowitz then discusses how he vetted the information from the veteran, and concludes with the summary:
I assess that Mr. Brannon’s work absolutely meets the national standard for spatial data accuracy, which is a methodology to estimate the positional accuracy of points on maps and in digital geospatial data, with respect to Geo-referenced ground positions of higher accuracy.
It is therefore, my professional opinion that the above features depict accurate geographic positions of dumps sites, and that these dump sites are very near- water wells located on Camp Lejeune, N.C. Finally, the Google earth images clearly demonstrate that the waste dumps at those particular geographic locations have been significantly altered by man since 1993.
The February 2014 rating decision continued to wrongly deny the claim for lack of new and material evidence, and (wrongly) declared: “We did not find that you participated in a radiation risk activity while in service”. Initially Mr. Brannon notes that the question of whether his January 2013 substantive appeal was timely received must be fully addressed. Computation of time limit for filing the substantive appeal is addressed in 38 CFR 20.305 Rule 305.
(a) Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed.
In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5 day period, Saturdays, Sundays and legal holidays will be executed.
Mr. Brannon signed his substantive appeal on January 11, 2013, it was accompanied by a (Friday) January 25, 2013, cover letter by his representative, and the VA date stamped it as having been received on (Monday) January 28, 2013.
We assert that the document was given to the VA on the 25th, however, the AOJ did not date stamp it until the following Monday, and failed to keep the envelope with the postal mark, triggering consideration of the postmark date being presumed to have been five days prior to the date of receipt. Id.
The appellant argues that when removing the weekend and holiday (MLK) Day), his substantive appeal was timely received.
Alternatively, however, he does recognize that the initial issue to be addressed by the VA will be whether new and material evidence has been submitted in order to reconsider the previously denied claim based on the merits, and then, if the case is re-opened, whether service connection is warranted.
Subsequent to the original July 2010 denial the veteran has submitted documentation that herbicides were in fact used at CLNC, and has submitted the statement form Dr. Ralowitz Ph.D confirming Mr. Brannon’s research methods and results.
Notably, evidence is presumed credible for the purpose of determining whether new and material evidence has been presented. Fortuck v. Principi, 17 Vet. App.173, 179 (2003); Justus v. Principi, 3 Vet. App.510,512-13 (1992).
Mr. Brannon seeks a grant of service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein.
This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions.
Each disabling condition shown by a veterans service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence.
Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.
Establishing service connection generally requires: (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service inncurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. McClain v. Nicholson, 21 Vet. App.319 (2007); Kent v. Nicholson, 20 Vet. App. 1 (2006); 38 C.F.R. 3.303(a).
Mr. Brannon (the veteran) has clearly demonstrated that he (and his family) has been diagnosed, treated, and suffers from residuals of thyroid cancer.
He has also clearly demonstrated, through his competent and credible research as endorsed by Dr. Ralowitz PhD that he was in fact exposed to a multitude of carcinogenic pollutants while stationed at CLNC, including the conceded TCE & PCE, as well as (Agent Orange / White) Herbicides and Radioactive waste materials.
Mr. Brannon and Dr. Ralowitz are both Subject Matter Experts (SME) in the field of Geospatial Research and Analysis, and in the absence of an equally qualified expert opposing their findings, the VA must concede the point. (emphasis added)
He has, therefore, met the initial two criteria for the establishment of service connection on a direct basis. The third criteria, medical evidence linking the two, is found in the original documentation “submitted by the veteran in the September 2008” statement from Dr. Tseng and (Dr. Victor Harding).
The VA however, sought a medical opinion to address the third criteria, resulting in the June 2010 VAE that declined to resolve the question due to unjustified stated speculation. The Federal Circuit has held that an examiners statement that expresses the inability to come to an opinion ‘provides neither positive nor negative support for service connection. Therefore, it is not pertinent evidence, one way or the other, regarding service connection.” Fagan v. Shinseki, 573 F.3d 1282, 1289 (Fed. Cir.2009).
Similarly, The United States Court of Appeals for Veterans Claims (court) held in McLendon v. Nicholson that the board correctly determined that the existing etiological opinions were speculative and did not establish a medical nexus, but the Board “failed to recognize that these opinions also did not establish that there was no medical nexus.” 20 Vet. App. 70, 85 (2006).
“The VA has erred in its decision that accepted the opinion of the VA examiner as unfavorable.” In light of the favorable link provided by both Dr. Tseng, (and Dr. Harding) “service connection is warranted”.
In further addressing Mr. Brannon’s case, the VA must consider the well established doctrine of reasonable doubt, as addressed in the provisions of 38 CFR 3.102 and 4.3.
The veteran asserts that the preponderance of evidence is in fact in his favor, or at the very least, is in equipoise.
When there is “significant evidence” in support of the claim, if the Board denies the claim, it must provide as adequate explanation as to why the evidence is not in “relative equipoise” so as to warrant application of the benefit-of-the-doubt rule in 38 U.S.C.A. 5107(b). Williams (Willie) v. Brown, 4 Vet. App. 270,273-74 (1993).
For the reasons set forth above, Mr. Brannon submits that the appropriate remedy for this appeal is reversal of the prior decision and grant of all benefits [and retroactive and continuing compensation] sought. (DAV Concurs)
Senior National Appeals Officer
Representative for the Appellant
Disabled American Veterans National Appeals Office,
Suite 2E250, I St. 810 Vermont Ave. NW, Washington, DC 20420.
The defendant (U.S. Navy and U.S. Marine Corps) in this case now has no leg to stand on in the eyes of a jury, and has lost all credibility to their previous story.
I conducted this research in accordance with generally accepted analytical standards. It required that I have sufficient and appropriate amount of reliable evidence to provide a reasonable basis for my findings and conclusions. This was based on my objectives to understand what happened to me, and more importantly, my family and 3,700 other veterans.
Previously, this issue should have risen to the level of impeachment with the Obama Administration, but no one listened. It addresses public wrongdoing and the law clearly states that:
“The President will be removed from office for the commission of great offenses he commented against the Constitution. This issue should have resuled in his removal from office and “disqualification from further office” See U.S. Const. art. I, § 3, cl. 7., and 18 U.S. Code 2071.
I swore an oath to fight the enemy foreign “or domestic” in order to protect the Constitution, our country, and our people. It is not only my responsibility to keep doing my part in seeking “Equal Justice under the Law” its everyones responsibility which includes those reading this.
This case justifies the need for an indictment and new proceedings. It is evident why President Obama wrongly shut this case down, and besides covering up for Hillary, on Jan 5, 2017 he stated to the Harvard Law Review concerning “The Presidents Role in Advancing Criminal Justice Reform”.
Obama addressed how Presidents can exert influence over the Criminal Justice System when in fact what he did was completely illegal.
He wrote in his article that the country can afford to spend $80 Billion Dollars on releasing criminals back into society, but I argue he couldn’t do the right thing and spend the estimated $86 Billion Dollars to assist veterans in lidigating this case.
He even praised himself, again, about the progress he apparently made in reforming the criminal justice system – and the challenges that remain for the next administration to clean up.
More damage has been done to this country then previously thought, and the only good thing about the Obama Administration is it ended. There is more than enough evidence to show that multiple Federal Crimes were committed which must bring about the indictment of those involved. Its the law!
The House and Senate must be careful who they listen to, and prioritize their agenda in order to take steps to repeal and dismantle these unconstitutional acts. My family and I are front and center victims of this tragedy, and no one other than the DAV National Appeals Officer has properly responded!
There are more than 47,563 law firms serving the U.S. according to the American Bar Foundation, but less than a dozen attempted to help veterans and their families. This case should have been easy for any Toxic Tort Law Firm to take on, because I have satisfied the most difficult aspect of any toxic tort case, which is the issue of causation. (emphasis added)
Now the hard part. My father in-law passed away on Christmas eve (2016) due to medical complications related to this issue. In addition, our life expectancy statistically has been reduced due to the mortality rates of aggressive radiation treatments we endured because of this issue.
I will not ignore the inequities that have persisted in our Justice System that has undermined my families Constitutional Rights to seek Justice. The way these acts were supported and written violate not only the Constitution, but statutory law, American tradition, and human decency.
The safety of the public (Marine and Navy personnel and their familes) continue to be jeopardized. I have a proposal to midigate this ongoing threat.
The founding fathers didn’t design things to run corruptly. Obama wasn’t suppose to get involved as he did. The Supreme Court apparently listened to the administrations lawyers who influenced the 11th Circuit Court to adhere to his demands.
They made sure the important decisions to cover things up were made by those who were closest to those who were making a profit.
As in this case, if a law turns out to be unconstitutional, the people have the right to notify law enforcement if a crime has been committed, and inform Congress, so they can rightfully do their job to mend or repeal it. As I recall, our national motto is “If you see something, say something”
The Supreme Court assumed that the lower courts provided them with all the facts and evidently they didn’t. The calculus is becoming more important in this story as Obama chose not to seek justice in this matter. Those responsible cannot take advantage of democracy’s best oversight mechanism which is the Committee on Oversight and Government Reform.
For those who have previously testified, the crime of lying under oath is a serious offense. Refer to the U.S. Department of Justice Report to Congress on the Use of Administrative Subpoena Authorities by Executive Branch Agencies and Entities.
If we are going to advance the cause of Justice, and Equality in this country, then President Trump, the FBI, and Congressional Investigative Committees must all take corrective action. The Trump Administration must do their constitutional duty to rectify this issue.
Just think, all of this could have been avoided had everyone been truthful and transparent. Secondly, the Clinton’s are also behind this and they profited from yet another cold war Superfund site, when they were previously caught and fined doing it before! (emphasis added)
Mr. President, you state you embrace big change, then I respectfully request corrective action be taken.
Actually, I cannot wait until Secretary James Mattis hears about this, he will do the right thing, where others have not. With any luck, I hope those who knowingly did wrong have nightmares of Mattis kicking in their door and yelling ” whats taking you so f-ing long to take care of my Marines?
If we are going to regain our confidence in the rule of law, begin doing the right thing and properly fix this issue! When justice is finally served, it should rightfully end up being the wrecking ball of the Clinton Foundation and Barack Obama’s documented failed legacy.
Special Council investigations, including House and Senate investigative Committees must take action by issuing subpoenas to compel testimony.
I request the courts give back our rights and our losses, including my 2009 request for veteran benefits that has been wrongly denied (twice) and still waiting for a third appeal decision in the year 2020! Additionally, I request retro-active and continuing compensation not given. Its the law!
For additional chronological slide narrated evidence, go to (Link 2) at: http://www.fedsnoop.com/hillary
Be sure of this, the wicked will not go unpunished! Proverbs 11:21