P000572
Thursday, February 28, 2002 11:04 AM
Military and WTC Fund
To: Special Master, Victims Compensation Fund
From:
Date: February 27,2002
Re: Physical Harm to Military Personnel at WTC
I was only made aware of the fact that rescue workers could submit claims if obtained physical harm and qualified under conditions of this fund. After months of pulmonary testing it has become apparent that I have sustained significant lung damage as a result of my duty at ground zero from 11 September thru October 15. I have been told that the damage to my lungs is equivalent to a 20 year, 3 pack a day smoker. I have never smoked a day in my life and went to ground zero, walking 10 miles per day without becoming short of breath. My Pulmonary Function Tests show my small airways functioning at 40% vs. 100%.(60% loss). I have clear black and white documentation of damage. I cannot speak for any length of time or eat more that 1/2 of a sandwich without becoming winded. My quality of life has changed drastically and am getting worse each day. I am having difficulty teaching for the and working as a part time at where I have been employed part time for the last 17 years.
I was at ground zero from 12 to 15 hours per day for 31 days. We were given masks at Styvesant School cafeteria (black with purple filters). They were substandard at best. The filters were to be changed each day. There were no filter replacements. I served on a "Critical Incidence Team" at ground zero. My duties were to speak to as many soldiers on site throughout their 24-hour shifts. We worked with on site CISM Teams, Chaplains, social workers to support the health and mental well being of the troops. I, as a member of the CISM team, was initially given some protection. There were many soldiers (101st Cavalry from Staten Island and 69th BN from Troy and Hudson Falls, NY ) who were on 12 hour shifts day in and day out from hour one that were not given masks for the first week. As I made my rounds each day, speaking to an average of 200-300 soldiers per day, I was amazed at the time it took to provide them with masks but can understand completely that noone could predict this incident or the need for 1000's of very expensive masks and filters to protect soldiers lungs against harm.
I am not attempting to find fault with anyone. I raised my hand knowing the risks I might someday ensue. The problem lies in the following; Gov. Pataki ordered us to active duty under SAD,( New York State Active Duty). Do to the fact I was on "State" active duty vs. "federal" active duty, I am not entitled to the same compensation we would have had had we been activated on federal status like many of our Air Force counterparts. We are NOT entitled to federal retirement benefits, only state (similar to NY state workers compensation). If soldiers had less than 15 years of service they are NOT qualified to being medically retired from the New York Army National Guard. (I will loose my military career if deemed physically unfit thru a medical board). If soldiers have over 15 years service, they can be medically retired (at a far less rate that if they finished their military careers with a lot less retirement points). In addition, would loose the monthly income the military provides. In my case, as a major, would loose 500-1000.00 per month if I am discharged from military service at a minimum and the ability to remain in the army until my mandatory removal date of 2007 or to be promoted to Lt. Colonel and continue my career as a military officer.
Furthermore, because of the Ferry's Doctrine and the fact that I was wearing the uniform of the US Army, am not allowed to suit any government agency. I have absolutely NO recourse, unlike the fireman and police and the many injured workers involved in the WTC Rescue. None could predict planes would terrorize our country. I found it unethical to suit anyone. I made many phone calls when I was made aware of the lung damage as to what would happen to me, my career and financial future. I was upset to hear what little recourse I had under the terms of SAD and wearing the uniform. I called an attorney representing the firefighters union and was informed I too could make a claim to the WTC Fund. I was shocked and amazed. I took me until the next day to gather enough courage to call and reluctantly made the call to the fund claim assistant. I shook as I dialed the phone for I felt uncomfortable making the inquiry, for I did not loose a loved one and saw first hand the suffering. I cannot believe I am in this predicament. I have documented lung damage and fear for my future and what is in store. I am experiencing a real disability and am filing a LINE OF DUTY with the New York Army National Guard. I will pursue this but am sure that my military career is over.
I fall under the 96-hour statute but not the 24-hour condition. We filled out (600"s), the military's medical documentation form that stated we had respiratory irritation. Our eyes burned for days as well as our skin. We had a cough the first week. However the real damaged was not realized until the last few months after significant testing such as CT of chest with contrast, chest x-rays, stress echoes, Doppler studies, blood work, EKG's, PFT's, Methacholine challenge, Cold air challenge etc. All pulmonary tests are abnormal. I was told I would need to be followed indefinitely by the head of Pulmonary Department.
I did not write in before the January 22 deadline. I learned about the fact that we could make claim yesterday when reading the entire fund requirements. I feel you may have not heard the military voice after speaking to many. I never would have been aware of the 22 Jan deadline for it is not common place that those in uniform would have ever dared made claim amongst those who have lost so much. I never would have imagined I would be in this mess and appreciate any help you can give in this matter.
Are the military personnel who have acquired a definitive disability, including myself, entitled to compensation under the fund when the injuries were not realized until a few months after the exposure, as in my case. Does it fall under "latent" or not at all?
I hope you consider my thoughts as you finalize the rules in this fund.
I thank you for your time
I have forwarded this to my district representative as well, in attempts to make legislature aware of the military unique circumstance and the fact that we have little recourse for damages suffered in such an unfortunate event.
Individual Comment