One category for disability that is compensable is for disabilities that are caused by an instrumentality of war. Just like the Agent Orange spraying that was done in Vietnam was, in my estimation, an instrumentality of war which was meant to defoliate the areas that were around American operations, American base camps, American centers so that the enemy could not close undetected and get up close to American soldiers, that that spray, that herbicide, was definitely an instrumentality of war that was utilized in carrying out the military mission. Similarly in my analysis, and everybody has their own opinion and has seen their own set of facts and seen the base facts on what happened in the Gulf War, my opinion is that some of the agent that was stockpiled by Saddam Hussein in the last war, the canisters of which were ruptured during the war itself, some of that agent had a blowback over American troops. I think there was some contamination of American troops by that agent. In that situation, if that is found to be the cause of an injury, that blowback of agent would certainly be considered to be an instrumentality of war and carried out in the mission of war. So my answer is yes, it would be included.
Editor's note · Context
Discussing compensable disabilities related to wartime actions and chemical exposure.
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