Some time ago our association (through LtCol Paul Bailey) filed a very detailed FOIA with the VA, seeking documents relating to the VA's preparation for, participation in, and results following the conference with them, hosted by Senator Burr's staff on March 8 in Washington DC.
In a timely manner, the VA responded, and wow! The VA responded slammed us hard!
First was their refusal to expedite delivery of the documents requested and a refusal to provide them at no charge, the government's usual position in releasing materials to the public. Then, yesterday, we received a bill for $4,800, required for them to proceed with the document search and necessary before any materials can be released to us!
This clearly amounts to construction of a barrier against our access to public documents...documents vital to establishing our claim to service-connection for our Agent Orange-preseumptive illnesses.
Our next step will be an appeal of their decisions, and we hope to be joined in this with several researchers, journalists and other veterans' organizations.
Stay tuned...we're not giving up!
Pages: Lists of Fundamental Documents
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28 April 2012
26 April 2012
Victory for US-based Agent Orange Veterans
The US Board of Veterans Appeals in 2011 remanded a veteran's claim which had been denied by the VA, ordering the VA to reexamine immediately, very likely to finally be in favor of the veteran given the language used by the BVA. The vet was a photographer stationed at Ft McClellan, and claimed to have been in areas where Agent Orange was used. VA denied his Agent Orange-presumtive illnesses claim with their usual position that this vet hadn't been in Vietnam and couldn't prove either proximity to military herbicides or exposure to them. Supporting his claim were statements from his supervisor that they'd both been in areas of Agent Orange spraying, such as the golf course, even though the Department of Defense denied such herbicides were used. Further, several details letters from his doctors confirmed the likely association of the illnesses with exposure to Agent Orange, and these were not rebutted by the VA.
VA inquired of DOD about stateside use of herbicides. In their denial of Agent Orange use at Ft. McClellan, DOD stated it MAY have been possible some small areas MAY have been treated with Agent Orange. That wiggle-room was enough to convince the Board of Veterans Appeals that the VA must resolve any question about exposure in favor of the veteran, and the fellow's claim was sent back with specific instructions for expedited investigation.
This is great news. It breaks through the VA's barrier of flat prohibition against successful AO claims outside Vietnam. For C-123 vets, it means even more careful attention must be given our claims by local rating officers.
One solid suggestion from this particular case is that our claims need to be supported with physician statements that our Agent Orange-presumptive illness are indeed, "more likely than not" associated with exposure to Agent Orange. Without such a statement, the doctor's letter merely has weight as to whether or not you have a particular malady.
Click HERE to download a copy of this landmark decision.
VA inquired of DOD about stateside use of herbicides. In their denial of Agent Orange use at Ft. McClellan, DOD stated it MAY have been possible some small areas MAY have been treated with Agent Orange. That wiggle-room was enough to convince the Board of Veterans Appeals that the VA must resolve any question about exposure in favor of the veteran, and the fellow's claim was sent back with specific instructions for expedited investigation.
This is great news. It breaks through the VA's barrier of flat prohibition against successful AO claims outside Vietnam. For C-123 vets, it means even more careful attention must be given our claims by local rating officers.
One solid suggestion from this particular case is that our claims need to be supported with physician statements that our Agent Orange-presumptive illness are indeed, "more likely than not" associated with exposure to Agent Orange. Without such a statement, the doctor's letter merely has weight as to whether or not you have a particular malady.
Click HERE to download a copy of this landmark decision.
23 April 2012
Where is the Promised USAF C-123 Report?
What's happening? What role, if any, is the VA playing in the Air Force report? So far as I know, none of the aircrew, maintenance or aerial port personnel have been contacted about their expert input - why not?
In the October teleconference with VA officials, we were told that if the AF reported the C-123s to have exposed the aircrews to TCDD, the VA would accept that decision. Is the VA now working to make sure the AF releases an "approved" finding?
19 April 2012
Famed Doolittle Raiders Honored at Wright-Patterson AFB
by Gabriel Myers 88th Air Base Wing Public Affairs
4/20/2010 - WRIGHT-PATTERSON AIR FORCE BASE, Ohio -- Four of the remaining eight famed Doolittle Raiders, known for their nearly impossible bombing raid on Japan, reunited for the 68th year at the National Museum of the United States Air Force, April 16-18.Retired Lt. Col. Richard E. Cole, 94 of Comfort, Texas; Major Thomas C. Griffin, 92 of Cincinnati, Ohio; Lt. Col. Robert L. Hite, 90, Nashville, Tenn., and Master Sgt. David J. Thatcher, 88, Missoula, Mont., came together again to share memories, sign autographs and be recognized once again as an iconic piece of American history that helped propel the allies to victory in WWII.
On April 18, 1942 Colonel Jimmy Doolittle led a group of 80 men to fly B-25 Bombers from the deck of an aircraft carrier more than 600 miles to drop bombs on Japan. At the time getting a bomber airborne from an aircraft carrier's deck had barely been tested.
Wings Over Ohio! |
The reunion kicked off Friday afternoon with the men at the museum signing autographs on books, airplanes, photos and even clothing with hundreds waiting their turn to meet the famed aviators in the modern airpower gallery. Those who attended were eager to hear their story and talk about the importance or their mission in shaping the outcome of WWII.
"Well I'm an aviation historian and it's also an opportunity to meet the great heroes of American history," said Bob Jaques who drove to the event from Alabama.
Air Force Secretary Michael B. Donley, who attended a dinner in their honor Friday night, said the men continue to be an inspiration to Airmen today.
"The Doolittle Raiders have a very special place in the history of the Air Force," Secretary Donley said prior to the dinner, "They've provided such great examples to us of leadership, of audacity, of innovation and personal courage, in some of the darkest days of WWII." The men were honored on Saturday by a fly-in of 17 replica B-25 Mitchell bombers privately owned from all over the country onto the museum runway to help celebrate the occasion. Officials say it was one of the largest gatherings of B-25's since WWII.
Also on Saturday the Raiders participated in a ceremony to toast and honor their fellow colleagues who have died. Following the toast the last survivors overturned the goblets of those who have died since the last reunion.
Throughout the weekend the men signed hundreds of autographs and spoke with well wishers who were eager to see, honor and be a part of American History.
The event concluded with the B-25's taking off on a beautiful day from the Museum runways with thousands of patrons lining the streets and fence lines to attempt to get a glimpse of the aircraft and ensuing fly over by all 17 aircraft for a memorial service in the early afternoon.
The word "hero" is over-used in this country and broadly applied to sports figures, rock stars and others, museum director Retired Major General Charles Metcalf told the crown at the Memorial Service.
"Today, in the truest sense of the word, we are among heroes," said Metcalf.
Note: Recommended Warrior Reading:
I Could Never Be So Lucky Again, General Jimmy Doolittle, USAFR
(Highest ranking Reserve office since General of the Armies George Washington)
11 April 2012
Military Language Conversion Chart
This is one of the things in life I've found to be true. Also true, however much Marines get teased (and they love it), if I were ever hiding in a trash bin down a dark alley in some foreign city that just started going violent with crazy gangs roving looking for Americans to torture, the sound of boots running to get me down that alley had better be United States Marine Corps boots! And they probably would be.
Having been through four separate enlisted and officer variations of US military basic training, I will put this list down to lessons learned at my drill sergeant's gentle urging, but I add a new one:
"Fix bayonets! Charge!" Army "Who, me? Is there an app for that?" - Air Force
Having been through four separate enlisted and officer variations of US military basic training, I will put this list down to lessons learned at my drill sergeant's gentle urging, but I add a new one:
"Fix bayonets! Charge!" Army "Who, me? Is there an app for that?" - Air Force
US MILITARY LANGUAGE CONVERSION CHART
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10 April 2012
News Coverage - project still underway
We have been discussing coverage of our C-123 Agent Orange issues with a well-known broadcaster. At first, their report was expected in the first days of April, but delays have crept up...project is still underway. Please don't wait in front of your TV sets in great anticipation...just yet!
On a personal issue, I have been trying since 1999 to correct a major issue involving my medical retirement from the Air Force, with appeals to the Air Force Board of Correction of Military Records to address the error. Yesterday the happy news came that the appeal was approved and my retirement corrected, with a back-dated adjustment to 1996. Couldn't be better!! Thank you, Air Force!
On a personal issue, I have been trying since 1999 to correct a major issue involving my medical retirement from the Air Force, with appeals to the Air Force Board of Correction of Military Records to address the error. Yesterday the happy news came that the appeal was approved and my retirement corrected, with a back-dated adjustment to 1996. Couldn't be better!! Thank you, Air Force!
04 April 2012
VA Offers New Perspective on Veterans Agent Orange Exposure Issues!
Yesterday the VA's Public Health folks released a new perspective on C-123 veterans' Agent Orange exposure at this month's San Francisco meeting of the Society of Toxicology. While they still maintain exposure was unlikely, the door seems slightly ajar - they state C-123 veterans' claims will be judged individually. This is much more positive than the impression we were left with following the March 8 meeting hosted by Senator Burr in Washington DC, where they reported that all our claims "would probably" be denied. If this is so (oh, dare we hope?)...thank you, VA, for a more open mind on this issue!
What I find highly disappointing is their report's reliance on the 1991 data from one scientist (who took leave from the AF and accepted money from the chemical industry for writing articles implying the harmlessness of Agent Orange!) The VA data are in conflict with contemporary ATSDR toxicological profile for TCDD dermal absorption, as well as reports from the Institute on Medicine.
Isn't it reasonable to conclude that the Department of Veterans Affairs is committed to their position that Agent Orange contamination of our aircraft was unlikely, rather than being willing to consider newer and more authoritative research which agrees with our exposure? Every new discovery, every new opinion from non-VA sources which says aircrews were exposed the VA automatically rejects, rather than looking for a good possibility of a path to provide our veterans earned benefits.
These people are supposed to be scientists. The whole evolution of modern science started with, and still depends upon, scientists being eager to accept findings which both argue with and argue against their initial thesis. I can't find "science" in what they are doing...only political obstruction.
These people should remember true science was born only when Western civilization stopped trying to shape observations upon researchers' predetermined beliefs.
Here's the link to their release, entitled
"Agent Orange: The 50-Year History & the Newest Chapter of Concerns:

What I find highly disappointing is their report's reliance on the 1991 data from one scientist (who took leave from the AF and accepted money from the chemical industry for writing articles implying the harmlessness of Agent Orange!) The VA data are in conflict with contemporary ATSDR toxicological profile for TCDD dermal absorption, as well as reports from the Institute on Medicine.
Isn't it reasonable to conclude that the Department of Veterans Affairs is committed to their position that Agent Orange contamination of our aircraft was unlikely, rather than being willing to consider newer and more authoritative research which agrees with our exposure? Every new discovery, every new opinion from non-VA sources which says aircrews were exposed the VA automatically rejects, rather than looking for a good possibility of a path to provide our veterans earned benefits.
These people are supposed to be scientists. The whole evolution of modern science started with, and still depends upon, scientists being eager to accept findings which both argue with and argue against their initial thesis. I can't find "science" in what they are doing...only political obstruction.
These people should remember true science was born only when Western civilization stopped trying to shape observations upon researchers' predetermined beliefs.
Here's the link to their release, entitled
"Agent Orange: The 50-Year History & the Newest Chapter of Concerns:

02 April 2012
Agent Orange C-123 Veterans - Springfield Republican
from reporter Jeanette DeForge, The Springfield Republican, 1 April 2011. What a great piece of journalism! A couple points: as mentioned, the C-123 became contaminated during the Vietnam War where it was used for spraying Agent Orange. Next, John Harris flew for Eastern, not American Airlines, and finally, the last of the C-123 fleet was destroyed in 2010 rather than 2011. I mention these only in case readers are conducting further research.
CHICOPEE — For nine years they flew in them, they fixed them and they treated patients in them.
Now, three decades later, veterans of the 439th Tactical Airlift Wing at Westover Air Reserve Base believe those airplanes are responsible for making them sick.
Unknown to the veterans, the C-123 Providers, which had previously flown in Vietnam, were contaminated with Agent Orange.
“We have crew members who are sick. We have crew members who have died ... We have people who aren’t even sick yet,” said retired Air Force Major Wesley T. Carter, who served as an air medical technician and flight instructor and examiner with Westover’s 74th Aeromedical Evacuation Squadron for 20 years and flew in the C-123s from 1974 to 1980.
While recovering from a heart attack last April, Carter was diagnosed with prostate cancer. Then he started hearing fellow crew members were also suffering from cancer, diabetes and heart disease.
Through word-of-mouth the group has compiled a list of 48 people who have diseases possibly linked to Agent Orange.
They are now waging their own war to win veterans’ benefits for all the people who flew the C-123s who are ill and need medical or financial assistance. This would be the same benefit package given to veterans who served in Vietnam and who contract one of the “presumptive” illnesses know to be caused by the Agent Orange component dioxin.
An Air force report due this month may or may not support their cause.
“I’m lying there after my heart attack and heart surgery and I found out about the prostate cancer. I pulled out my laptop and started trying to find out if there was something I had been around in my life that had caused this,” Carter said.
Through the Freedom of Information Act, Carter received hundreds of government documents proving the same planes had been used to spray the cancer-causing defoliant Agent Orange in Vietnam. He also found results of toxicology tests done by Air Force lab technicians showing the planes were “highly contaminated.”
CHICOPEE — For nine years they flew in them, they fixed them and they treated patients in them.
Now, three decades later, veterans of the 439th Tactical Airlift Wing at Westover Air Reserve Base believe those airplanes are responsible for making them sick.
Unknown to the veterans, the C-123 Providers, which had previously flown in Vietnam, were contaminated with Agent Orange.
“We have crew members who are sick. We have crew members who have died ... We have people who aren’t even sick yet,” said retired Air Force Major Wesley T. Carter, who served as an air medical technician and flight instructor and examiner with Westover’s 74th Aeromedical Evacuation Squadron for 20 years and flew in the C-123s from 1974 to 1980.
While recovering from a heart attack last April, Carter was diagnosed with prostate cancer. Then he started hearing fellow crew members were also suffering from cancer, diabetes and heart disease.
Through word-of-mouth the group has compiled a list of 48 people who have diseases possibly linked to Agent Orange.
They are now waging their own war to win veterans’ benefits for all the people who flew the C-123s who are ill and need medical or financial assistance. This would be the same benefit package given to veterans who served in Vietnam and who contract one of the “presumptive” illnesses know to be caused by the Agent Orange component dioxin.
An Air force report due this month may or may not support their cause.
“I’m lying there after my heart attack and heart surgery and I found out about the prostate cancer. I pulled out my laptop and started trying to find out if there was something I had been around in my life that had caused this,” Carter said.
Through the Freedom of Information Act, Carter received hundreds of government documents proving the same planes had been used to spray the cancer-causing defoliant Agent Orange in Vietnam. He also found results of toxicology tests done by Air Force lab technicians showing the planes were “highly contaminated.”
Carter, who now lives in Oregon, created a website c123kcancer.blogspot.com, lobbied congressmen and has consulted experts on Agent Orange.
In March he flew to Washington, D.C., to discuss the issue with Sen. Richard M. Burr, R-N.C., and officials for the U.S. Department of Veterans Affairs.
For its part, the Veterans Administration acknowledges the C-123s were contaminated, but it contends the Agent Orange residue could not penetrate human skin. Others say it could.
Department of Veterans Affairs officials ruled in August the pilots, medical crews, mechanics and others who flew on the C-123 Providers were ineligible for benefits. But Carter’s unyielding effort has pushed the agency to refer the issue to the Institute of Medicine for a special report.
The Air Force is also reviewing toxicology and other studies of the C-123s. The results, due some time this month, will be sent to Veterans Affairs for examination, Air Force officials said.
In its ruling, the Department of Veterans Affairs said it was impossible for Agent Orange residue to have infected the air crews, said Laurie Tranter, department spokeswoman.
“We looked for secondary or residual Agent Orange exposure and there is no evidence of long-term health effects, therefore there is no presumption for Agent Orange exposure,” she said.
Veterans Affairs officials said dry residue of dioxin, the toxic element of Agent Orange, cannot be inhaled or absorbed and would be difficult to ingest, unlike the liquid form troops were exposed to in Vietnam.
“After reviewing available scientific reports, (the) VA has concluded the potential for long-term adverse health effects from Agent Orange residue in these planes was minimal. Even if crew exposure did occur, it is unlikely that sufficient amounts of dried Agent Orange residue could have entered to body to have caused harm,” the department ruling said.
In March he flew to Washington, D.C., to discuss the issue with Sen. Richard M. Burr, R-N.C., and officials for the U.S. Department of Veterans Affairs.
For its part, the Veterans Administration acknowledges the C-123s were contaminated, but it contends the Agent Orange residue could not penetrate human skin. Others say it could.
Department of Veterans Affairs officials ruled in August the pilots, medical crews, mechanics and others who flew on the C-123 Providers were ineligible for benefits. But Carter’s unyielding effort has pushed the agency to refer the issue to the Institute of Medicine for a special report.
The Air Force is also reviewing toxicology and other studies of the C-123s. The results, due some time this month, will be sent to Veterans Affairs for examination, Air Force officials said.
In its ruling, the Department of Veterans Affairs said it was impossible for Agent Orange residue to have infected the air crews, said Laurie Tranter, department spokeswoman.
“We looked for secondary or residual Agent Orange exposure and there is no evidence of long-term health effects, therefore there is no presumption for Agent Orange exposure,” she said.
Veterans Affairs officials said dry residue of dioxin, the toxic element of Agent Orange, cannot be inhaled or absorbed and would be difficult to ingest, unlike the liquid form troops were exposed to in Vietnam.
“After reviewing available scientific reports, (the) VA has concluded the potential for long-term adverse health effects from Agent Orange residue in these planes was minimal. Even if crew exposure did occur, it is unlikely that sufficient amounts of dried Agent Orange residue could have entered to body to have caused harm,” the department ruling said.
Studies done by the Veterans Affairs’ office of public health said dioxin is stable in the absence of direct sunlight and does not readily cross through human skin.
“Even if the dried material were to come into contact with perspiration or oils on skin, the skin would act as a barrier prohibiting further penetration of (dioxin). There is a low probability that (dioxin) penetrated through the skin of these air crews,” according to the office of public health.
Experts question that ruling.
“If you delve into it, there is a high likelihood of exposure,” said Wayne Dwernychuk, a retired environmental scientist with a doctorate degree who has been working in Vietnam for 30 years.
Dioxin is extremely toxic and it does not degrade quickly. Scientists are still finding the chemical in Vietnamese fields that have been farmed for 30 years, said Dwernychuk, of Canada.
People can ingest dioxin, absorb it and inhale the dust. Mechanics could have easily disturbed residue, anyone could put their hands or food on it and ingested it, and temperature changes could disturb the substance, he said.
“There was a lot of spillage of Agent Orange around the aircraft and there was spillage within the aircraft,” Dwernychuk said. “I think it is feasible. It is likely as not to have happened and in terms of presumptive service, it fits.”
The only effective way to clean dioxin is to use a combination of chemicals, he said.
Jeanne Mager Stellman, a professor at Columbia University in New York who has extensive experience in evaluating exposure of military herbicides including Agent Orange, said past testing on some of the C-123s shows amounts of dioxin on the surfaces exceed maximum recommended levels set by the U.S. Army Center for Health Promotion and Preventive Medicine.
“In my opinion, there is every likelihood that you would have been exposed to both airborne herbicides and their contaminants, as well as come into contact with surfaces contaminated by these toxic substances. In my opinion, the extent and manner of exposure is analogous to that experienced by many Vietnam veterans,” she wrote to Carter.
Any veteran who spent one day in Vietnam between 1962 and 1975 and contracts an illnesses believed to have been caused by Agent Orange is eligible for medical and disability benefits related to the illness. Some presumptive diseases are prostate cancer, neuropathy, heart disease, Parkinson’s disease, type 2 diabetes and leukemia.
Raymond J. Janke, the Belchertown veterans’ agent, said he has helped some win claims because of their exposure to Agent Orange and is now working with a handful of Westover veterans who worked on the C-123s.
“It is difficult because they weren’t in Vietnam,” he said.
Accepted claims for those who served in Vietnam can range from free medical care and medications for illness related to Agent Orange exposure to disability payments that date back to the day the claim was filed. Spouses and children may also be eligible for stipends, Janke said.
“I treat every veteran as if they have a valid claim,” he said. “You are no longer a whole individual because of your service to your country.”
But he has had no success when filing a claim for the Westover veterans.
“Even if the dried material were to come into contact with perspiration or oils on skin, the skin would act as a barrier prohibiting further penetration of (dioxin). There is a low probability that (dioxin) penetrated through the skin of these air crews,” according to the office of public health.
Experts question that ruling.
“If you delve into it, there is a high likelihood of exposure,” said Wayne Dwernychuk, a retired environmental scientist with a doctorate degree who has been working in Vietnam for 30 years.
Dioxin is extremely toxic and it does not degrade quickly. Scientists are still finding the chemical in Vietnamese fields that have been farmed for 30 years, said Dwernychuk, of Canada.
People can ingest dioxin, absorb it and inhale the dust. Mechanics could have easily disturbed residue, anyone could put their hands or food on it and ingested it, and temperature changes could disturb the substance, he said.
“There was a lot of spillage of Agent Orange around the aircraft and there was spillage within the aircraft,” Dwernychuk said. “I think it is feasible. It is likely as not to have happened and in terms of presumptive service, it fits.”
The only effective way to clean dioxin is to use a combination of chemicals, he said.
Jeanne Mager Stellman, a professor at Columbia University in New York who has extensive experience in evaluating exposure of military herbicides including Agent Orange, said past testing on some of the C-123s shows amounts of dioxin on the surfaces exceed maximum recommended levels set by the U.S. Army Center for Health Promotion and Preventive Medicine.
“In my opinion, there is every likelihood that you would have been exposed to both airborne herbicides and their contaminants, as well as come into contact with surfaces contaminated by these toxic substances. In my opinion, the extent and manner of exposure is analogous to that experienced by many Vietnam veterans,” she wrote to Carter.
Any veteran who spent one day in Vietnam between 1962 and 1975 and contracts an illnesses believed to have been caused by Agent Orange is eligible for medical and disability benefits related to the illness. Some presumptive diseases are prostate cancer, neuropathy, heart disease, Parkinson’s disease, type 2 diabetes and leukemia.
Raymond J. Janke, the Belchertown veterans’ agent, said he has helped some win claims because of their exposure to Agent Orange and is now working with a handful of Westover veterans who worked on the C-123s.
“It is difficult because they weren’t in Vietnam,” he said.
Accepted claims for those who served in Vietnam can range from free medical care and medications for illness related to Agent Orange exposure to disability payments that date back to the day the claim was filed. Spouses and children may also be eligible for stipends, Janke said.
“I treat every veteran as if they have a valid claim,” he said. “You are no longer a whole individual because of your service to your country.”
But he has had no success when filing a claim for the Westover veterans.
The Republican | Don Treeger
Archer B. Battista, of Belchertown, who served at Westover starting in 1974 and retired as a colonel from the Air Force Reserve in 2001, was diagnosed with prostate cancer in 2009 when he was 62.
“It took my breath away,” he said. “The last thing that was on my mind was it could have come from Agent Orange.”
A friend directed him to file for disability and medical benefits, explaining about the disorders presumed to be caused by the toxic chemical.
Because Battista flew an observation plane over the Ho Chi Min Trial in Laos from 1970 to 1971, he is eligible and applied after treatments made it difficult for him to continue his full-time job as a lawyer.
Battista, who works for the law firm Lyon and Fitzpatrick but is semi-retired, received a disability pension and is eligible for medical care through the VA.
Winning benefits for Westover crew members who did not serve in Vietnam is important, but it is equally vital to inform more people they were exposed to Agent Orange, Battista said.
“We know we are not getting to everyone,” he said.
In a meeting with other retired Westover veterans, John Harris, of Mashpee, told the group to make their doctors aware of their risk factors.
Harris, who served on active duty and in the Reserves and National Guard from 1964 through his retirement as a lieutenant colonel in 1997, said he applied for eligibility for disability claims with Veterans Affairs when he was diagnosed with diabetes and peripheral neuropathy. His first application was denied because he was not in Vietnam during the war.
“I was in Thailand flying F-4’s (Phantom fighter jets) and I stopped in Da Nang once to refuel. That allowed me to get the coverage,” he said.
In comparison to that hour he spent in Vietnam, Harris said he spent 12 years at Westover. He flew one of the first C-123s to the base and flew one of the last to Davis-Monthan Air Force Base in Arizona where they were stored for years.
“I do believe we had enough Agent Orange in the airplanes, and there is a distinct probability we were exposed to it,” said Harris, who worked full-time as an American Airlines pilot and a safety inspector for the Federal Aviation Administration until he retired in 2008 at the age of 64.
“It took my breath away,” he said. “The last thing that was on my mind was it could have come from Agent Orange.”
A friend directed him to file for disability and medical benefits, explaining about the disorders presumed to be caused by the toxic chemical.
Because Battista flew an observation plane over the Ho Chi Min Trial in Laos from 1970 to 1971, he is eligible and applied after treatments made it difficult for him to continue his full-time job as a lawyer.
Battista, who works for the law firm Lyon and Fitzpatrick but is semi-retired, received a disability pension and is eligible for medical care through the VA.
Winning benefits for Westover crew members who did not serve in Vietnam is important, but it is equally vital to inform more people they were exposed to Agent Orange, Battista said.
“We know we are not getting to everyone,” he said.
In a meeting with other retired Westover veterans, John Harris, of Mashpee, told the group to make their doctors aware of their risk factors.
Harris, who served on active duty and in the Reserves and National Guard from 1964 through his retirement as a lieutenant colonel in 1997, said he applied for eligibility for disability claims with Veterans Affairs when he was diagnosed with diabetes and peripheral neuropathy. His first application was denied because he was not in Vietnam during the war.
“I was in Thailand flying F-4’s (Phantom fighter jets) and I stopped in Da Nang once to refuel. That allowed me to get the coverage,” he said.
In comparison to that hour he spent in Vietnam, Harris said he spent 12 years at Westover. He flew one of the first C-123s to the base and flew one of the last to Davis-Monthan Air Force Base in Arizona where they were stored for years.
“I do believe we had enough Agent Orange in the airplanes, and there is a distinct probability we were exposed to it,” said Harris, who worked full-time as an American Airlines pilot and a safety inspector for the Federal Aviation Administration until he retired in 2008 at the age of 64.
The group estimates 2,000 to 2,500 pilots, loadmasters, mechanics, medical personnel and others who worked on the C-123s were exposed. That includes those who served at Pittsburgh Air National Guard and Rickenbacker Air National Guard Base in Ohio, who also flew the planes after the war, Harris said.
The number of people who actually would be eligible for benefits is lower because some served in Vietnam and are already covered, others died, some will never fall ill and a number will never be contacted, he said.
“We are a small amount of people, but I think the VA does not want to provide any more benefits,” Harris said. “I think it is a political and money decision, not whether we were exposed or not.”
No one doubts the evidence showing the planes were contaminated with Agent Orange.
“Every agency and institution with the exception of the VA has seen this,” Battista said. “You scratch your head and wonder why we are having this fight.
The twin-engine propeller-driven C-123 Providers were designed in the 1950s to carry cargo. Around 1962, tanks and hoses were added to the planes so they could spray Agent Orange and other herbicides to defoliate forests so enemy fighters could not hide.
Westover had 16 of the planes. Records show at least 11 were used in the Vietnam War effort called Operation Ranch Hand.
Shortly after the C-123s arrived at Westover in 1973, a team visited to made modifications on them, said Retired Lt. Col. Joseph E. Butler, of Somers, who was the chief of quality control and assistant chief of maintenance for the 439th Tactical Airlift Wing.
“I remember one of them called me over and said ‘We have to show you something,’” he said. “He showed me the residue and he told me that these planes are contaminated with Agent Orange.”
He said the stench in the planes was so bad, it would make people vomit. One, nicknamed Patches for the estimated 1,500 hits it took by enemy fire, was the worst, so he tried to avoid scheduling it, especially on long missions.
“That airplane stunk all the time,” Butler said. “As soon as you walked into the hangar you could smell it.”
Eventually, Air Force officials noticed the plane wasn’t being flown much and forced him to use it more. When he sent samples of the Agent Orange to the Brook Army Medical Center, officials there responded by sending back boxes and boxes of Dawn detergent, Butler said.
The crews would scrub them and use putty knives to scrape up the residue to reduce the smell. Nothing worked, he said.
Butler worked full-time at Westover from 1973 to 1977. He transferred to a job at the Federal Aviation Administration, but continued as assistant chief of maintenance as a reservist and was involved in overseeing the change from the C-123 Providers to the C-130 Hercules in 1982. In 1987, Westover became home to the C-5 Galaxy jets.
At 69, Butler is healthy. Because he served as a fighter pilot in Vietnam he would be eligible for veterans’ benefits if he does develop one of the presumptive illnesses.
“I want to take care of the rest of the people,” he said.
They are people like a former nurse suffering from heart failure and the widow of a former pilot who died from complications of diabetes. Both have been denied benefits.
Some of the most compelling evidence that the planes were contaminated came long after they left Westover.
In 1981, the military started decommissioning the C-123 Providers and brought them to Air Force’s Aerospace Maintenance and Regeneration Group in Arizona and stored them for years.
Staff toxicologists tested the Westover plane nicknamed Patches in 1994 to prepare it for display in a museum, only to discover the famous plane was “heavily contaminated” with dioxin. A memo from the Air Force’s Armstrong Laboratory recommended any work on it should be conducted to limit exposure to dioxin.
Two years later, 17 of the stored airplanes were tested. A 1996 memo reported: “All samples tested positive for traces of dioxins.”
The results led to 15 years of memos, safety reports and complaints from private companies and military workers. In 2000, the government canceled sales of the planes to private companies and foreign countries and tried to recall others, including two that were used in movies by the Walt Disney Company.
“The potential for harm to individuals from dioxin contamination is great regardless of whether the aircraft are used as static displays in museums, to put out forest fires or as props in movie sets. ...We cannot take the risk of endangering human lives by releasing them from military control,” said a Dec. 18, 1996, memo signed by Major Ursula P. Moul, Air Force assistant staff judge advocate.
In 2011, 18 C-123s, at least 13 of which were used to spray defoliants in Vietnam, were shredded and smelted, which was the only way to satisfy Environmental Protection Agency regulations.
Carter said he understands the dangers of dioxin were not confirmed until the late 1970s, but is frustrated that crews who flew the planes for hundreds of hours were never told about their exposure once tests established Agent Orange was still present.
“Why didn’t they tell us? How could our brother officers reach a conclusion like that and fail to notify us?” Carter said.
The lack of notification was not an oversight. In an Oct. 30, 1996, memo, Moul recommended against sharing the information, Carter said.
“I do not believe we should alert anyone outside of official channels of this potential problem until we fully determine its extent,” the memo said.
Jonathan Stock, an Air Force medical service spokesman, could not comment on the lack of notification, but said the Air Force is reviewing the studies of the C-123s.
The examination began in the fall in response to congressional inquiries, he said.
“The Air Force is performing a multi-disciplinary assessment that deals with the question, to include a literature review and review of both internal documents and those provided from concerned parties. The findings of this determination are expected to be released to the Veterans Administration and the public in April 2012,” Stock said in a written statement.
The Department of Veterans’ Affairs has refused most benefits to Westover reservists, but it did grant one veteran a disability pension and medical care based on his crippling diabetes. While Retired Tech. Sgt. Robert P. Patenaude applied for benefits based on his exposure to Agent Orange, the approval did not specifically declare it was because of his service on the C-123s.
Patenaude, of Chicopee, started working at Westover in 1974 as a Reservist as well as a full-time civilian mechanic after serving on active duty. In 1985 he collapsed while flying from Westover to California.
“I started feeling ill and by the time we landed I was blind. I couldn’t breathe. They gave me last rites,” he said.
His pancreas stopped working and he developed diabetes.
He spent three months in an Army hospital in California. Doctors treating him were baffled over the condition and tried to trace the cause of his illness.
“I was flying every day...They said, ‘Wait a minute, those airplanes were spray planes,’” Patenaude said.
He applied for disability. It took more than a decade of back-and-forth paperwork but the Department of Veterans Affairs approved the claim in 1979.
“It went on and on. It was horrible. I had to get another job and I had my own business,” he said.
Now Patenaude is 100 percent disabled and receives a pension and is eligible for free medical services through Veterans’ agency. While he hopes his approval may help others, the paperwork only says he became disabled while on duty.
He continues to struggle with his health. Diabetes has shut down his kidneys and he is on dialysis. He has neuropathy and prostate cancer.
Patches, the plane so many remember flying because of its history and stench, is on display at the National Museum of the Air Force at Wright-Patterson Air Force Base in Ohio.
Before it was exhibited, it was cleaned and inspected by the Environmental Protection Agency, said Jeff Duford, museum curator.
Harris said he visited the museum before he knew about Agent Orange, excited to revive happy memories of the hundreds of hours he and others spent on the plane.
“It was about eight years ago. It was sitting out in a field. It hadn’t been refurbished and they didn’t want it to go inside,” he said. “I was disappointed.”
The number of people who actually would be eligible for benefits is lower because some served in Vietnam and are already covered, others died, some will never fall ill and a number will never be contacted, he said.
“We are a small amount of people, but I think the VA does not want to provide any more benefits,” Harris said. “I think it is a political and money decision, not whether we were exposed or not.”
No one doubts the evidence showing the planes were contaminated with Agent Orange.
“Every agency and institution with the exception of the VA has seen this,” Battista said. “You scratch your head and wonder why we are having this fight.
The twin-engine propeller-driven C-123 Providers were designed in the 1950s to carry cargo. Around 1962, tanks and hoses were added to the planes so they could spray Agent Orange and other herbicides to defoliate forests so enemy fighters could not hide.
Westover had 16 of the planes. Records show at least 11 were used in the Vietnam War effort called Operation Ranch Hand.
Shortly after the C-123s arrived at Westover in 1973, a team visited to made modifications on them, said Retired Lt. Col. Joseph E. Butler, of Somers, who was the chief of quality control and assistant chief of maintenance for the 439th Tactical Airlift Wing.
“I remember one of them called me over and said ‘We have to show you something,’” he said. “He showed me the residue and he told me that these planes are contaminated with Agent Orange.”
He said the stench in the planes was so bad, it would make people vomit. One, nicknamed Patches for the estimated 1,500 hits it took by enemy fire, was the worst, so he tried to avoid scheduling it, especially on long missions.
“That airplane stunk all the time,” Butler said. “As soon as you walked into the hangar you could smell it.”
Eventually, Air Force officials noticed the plane wasn’t being flown much and forced him to use it more. When he sent samples of the Agent Orange to the Brook Army Medical Center, officials there responded by sending back boxes and boxes of Dawn detergent, Butler said.
The crews would scrub them and use putty knives to scrape up the residue to reduce the smell. Nothing worked, he said.
Butler worked full-time at Westover from 1973 to 1977. He transferred to a job at the Federal Aviation Administration, but continued as assistant chief of maintenance as a reservist and was involved in overseeing the change from the C-123 Providers to the C-130 Hercules in 1982. In 1987, Westover became home to the C-5 Galaxy jets.
At 69, Butler is healthy. Because he served as a fighter pilot in Vietnam he would be eligible for veterans’ benefits if he does develop one of the presumptive illnesses.
“I want to take care of the rest of the people,” he said.
They are people like a former nurse suffering from heart failure and the widow of a former pilot who died from complications of diabetes. Both have been denied benefits.
Some of the most compelling evidence that the planes were contaminated came long after they left Westover.
In 1981, the military started decommissioning the C-123 Providers and brought them to Air Force’s Aerospace Maintenance and Regeneration Group in Arizona and stored them for years.
Two years later, 17 of the stored airplanes were tested. A 1996 memo reported: “All samples tested positive for traces of dioxins.”
The results led to 15 years of memos, safety reports and complaints from private companies and military workers. In 2000, the government canceled sales of the planes to private companies and foreign countries and tried to recall others, including two that were used in movies by the Walt Disney Company.
“The potential for harm to individuals from dioxin contamination is great regardless of whether the aircraft are used as static displays in museums, to put out forest fires or as props in movie sets. ...We cannot take the risk of endangering human lives by releasing them from military control,” said a Dec. 18, 1996, memo signed by Major Ursula P. Moul, Air Force assistant staff judge advocate.
In 2011, 18 C-123s, at least 13 of which were used to spray defoliants in Vietnam, were shredded and smelted, which was the only way to satisfy Environmental Protection Agency regulations.
Carter said he understands the dangers of dioxin were not confirmed until the late 1970s, but is frustrated that crews who flew the planes for hundreds of hours were never told about their exposure once tests established Agent Orange was still present.
“Why didn’t they tell us? How could our brother officers reach a conclusion like that and fail to notify us?” Carter said.
The lack of notification was not an oversight. In an Oct. 30, 1996, memo, Moul recommended against sharing the information, Carter said.
“I do not believe we should alert anyone outside of official channels of this potential problem until we fully determine its extent,” the memo said.
Jonathan Stock, an Air Force medical service spokesman, could not comment on the lack of notification, but said the Air Force is reviewing the studies of the C-123s.
The examination began in the fall in response to congressional inquiries, he said.
“The Air Force is performing a multi-disciplinary assessment that deals with the question, to include a literature review and review of both internal documents and those provided from concerned parties. The findings of this determination are expected to be released to the Veterans Administration and the public in April 2012,” Stock said in a written statement.
The Department of Veterans’ Affairs has refused most benefits to Westover reservists, but it did grant one veteran a disability pension and medical care based on his crippling diabetes. While Retired Tech. Sgt. Robert P. Patenaude applied for benefits based on his exposure to Agent Orange, the approval did not specifically declare it was because of his service on the C-123s.
Patenaude, of Chicopee, started working at Westover in 1974 as a Reservist as well as a full-time civilian mechanic after serving on active duty. In 1985 he collapsed while flying from Westover to California.
“I started feeling ill and by the time we landed I was blind. I couldn’t breathe. They gave me last rites,” he said.
His pancreas stopped working and he developed diabetes.
He spent three months in an Army hospital in California. Doctors treating him were baffled over the condition and tried to trace the cause of his illness.
“I was flying every day...They said, ‘Wait a minute, those airplanes were spray planes,’” Patenaude said.
He applied for disability. It took more than a decade of back-and-forth paperwork but the Department of Veterans Affairs approved the claim in 1979.
“It went on and on. It was horrible. I had to get another job and I had my own business,” he said.
Now Patenaude is 100 percent disabled and receives a pension and is eligible for free medical services through Veterans’ agency. While he hopes his approval may help others, the paperwork only says he became disabled while on duty.
He continues to struggle with his health. Diabetes has shut down his kidneys and he is on dialysis. He has neuropathy and prostate cancer.
Patches, the plane so many remember flying because of its history and stench, is on display at the National Museum of the Air Force at Wright-Patterson Air Force Base in Ohio.
Before it was exhibited, it was cleaned and inspected by the Environmental Protection Agency, said Jeff Duford, museum curator.
Harris said he visited the museum before he knew about Agent Orange, excited to revive happy memories of the hundreds of hours he and others spent on the plane.
“It was about eight years ago. It was sitting out in a field. It hadn’t been refurbished and they didn’t want it to go inside,” he said. “I was disappointed.”