BVA Cites Non-Existent VHA "Scientific Studies" to Deny Exposure Claims

The first BVA citation below is for a Navy veteran and not C-123, but the inclusion of such language is
terrifically wrong! VBA did not "review all available scientific evidence" but instead VHA Post Deployment Health selected references it felt best blocked exposure claims to fulfil VHA policy. This can be seen from their cited references, paid-for opinions, Dow/Monsanto opinions but avoidance of unpaid and independent expert input from ATSDR, NIH, USPHS, Columbia, OHSU, etc.

Further, this defies statements from VA leaders, including Secretary Shinseki and Under Secretary Hickey, that each claim will be considered on a case-by-case basis, as instead VA automates the denials not only at BVA but directs RO denials as well.

"Citation Nr: 1426689: the Department of Veterans Affairs did address residual Agent Orange exposure concerns by post-Vietnam crews that later flew C-123 aircraft that had previously sprayed Agent Orange. VA's Office of Public Health is noted to have reviewed all available scientific information (?) regarding the exposure potential to residual amounts of herbicides on the C-123 aircraft surfaces. It was concluded that the potential exposure for the post-Vietnam crews that flew or maintained the aircraft was extremely low and therefore it was concluded that the risk of long-term health effects was minimal. See http://www.publichealth.va.gov/exposures/agentorange."

And from an April 2014 BVA decision, also reflecting VBA's damage. Actually, these studies and findings have repeatedly been brought to VA's attention.

 "Citation Nr: 1413377: there are no studies that VA is aware of showing harmful health effects for any such secondary or remote herbicide contact that may have occurred."

From others:

 " An undated Compensation Service Memorandum indicates  that there was no presumption of secondary exposure based upon being near or working on aircraft that had flown over Vietnam or handling equipment once used in Vietnam, noting that the aerial spraying of tactical herbicides in Vietnam did not occur everywhere and that it was inaccurate to think that herbicides covered every aircraft and piece of equipment with Vietnam.  Additionally, the undated Memorandum notes that the high altitude jet aircraft stationed in Thailand generally flew far above the low and slow flying UC-123 aircraft that sprayed tactical herbicides over Vietnam during Operation Ranch Hand.  The Memorandum also reflects a comment that there were no studies showing harmful health effects for any such secondary or remote herbicide contact that may have occurred. "

"Citation Nr: 1337387: note, the Department of Veterans Affairs did address residual Agent Orange exposure concerns by post-Vietnam crews that later flew C-123 aircraft that had previously sprayed Agent Orange.  VA's Office of Public Health is noted to have thoroughly reviewed all available scientific information regarding the exposure potential to residual amounts of herbicides on the C-123 aircraft surfaces.  It was concluded that the potential exposure for the post-Vietnam crews that flew or maintained the aircraft was extremely low and therefore it was concluded that the risk of long-term health effects was minimal.  (See www.publichealth.va.gov/exposures/agentorange.)  Otherwise, other than his unsubstantiated allegations, there simply is no evidence that the Veteran was exposed to Agent Orange or other herbicides based on his contact with any military vehicle that may have once been used in Vietnam."

VBA/VHA have institutionalized the C-123 non-exposure position, citing non-existent "scientific" studies on its web pages which were policy statements on VA web pages, contradicted by VA's Federal Register publications and statements by VA leadership. These unscientific positions then become cited by BVA in refusing care to exposed veterans.

It seems to BVA that VHA web pages citing non-existent "scientific studies" by Post Deployment Health trump VA Federal Register publications addressing non-Vietnam herbicide exposures.

Can't this be corrected or is it too late?