22 January 2020

C-123 VETERANS ASSOCIATION FILES ANOTHER VA IG COMPLAINT ABOUT VBA PUBLICATIONS AND WEB PAGES

Several months ago we brought several problems to the attention of VA staff regarding their publications. Problems like not listing C-123 units, or enlisted AFSCS, but specifically not properly describing eligible veterans.

Today, because of their inaction, we've filed an IG complaint. Typically the VA IG won't get involved in something like this but just as often, they'll forward the issue to responsible officials to resolve.  L:et's hope for the best here, because we're all tired of C-123 claim being denied by regional offices, or even the Board of Veterans Appeals, by VA citing their own inaccurate literature as justification.

Today's specific complaint deals with "C-123 Airplanes and Agent Orange Residue" published by the Veterans Benefits Administration. VBA has a terribly misleading paragraph towards the end of the document:

Both points in this paragraph are false. The VA's own manual VA M21-1MR as well as 38 CFR § 3.307 (Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides) makes clear that EVERY C-123 veteran who served in a squadron known to have had C-123 aircraft after Vietnam is considered presumptively exposed and need not prove anything except the unit assigned to, and presence of an Agent Orange illness. And there is no "case-by-case' evaluation any different than any other Agent Orange claim, other than the fact all of our claims have to be directed ONLY to the VA St Paul Regional Office That's in their regulation also!


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