Army Vet Wins VA Agent Orange Claim, Cites 10 Days At a Post Where AO Was Once Used

This Army vet's claim was denied at first, so he appealed and the Board of Veterans Appeals soon granted his service connection. Read...he said he was TDY to Fort Gordon where Agent Orange was once used to control undergrowth. Ten days. Without any IOM study, or CDC/ATSDR finding...just his own recollection of duty 41 years earlier!

But VA said our ten years aboard C-123s confirmed by the AF and IOM to be contaminated is insufficient evidence to award our claims. Further, the Army vet was a Reservist and BVA found no problem at all providing him statutory veteran status because his ten day of alleged exposure constituted an injury by being on post at Fort Gordon.

This is so much different from how C-123 veterans were treated. VA Office of General Counsel raised the formal veteran status challenge at the last minute and ignored their own precedential opinions as well as a firm list of similar BVA and CAVC decisions.

(http://www.va.gov/vetapp12/Files5/1235937.txt)

Based on the evidence from DoD and the VHA medical
expert's opinion, the Board finds that the
preponderance of the evidence is in favor of finding
that the Veteran was exposed to herbicides (including
Agent Orange and Agent Blue) while serving on ADT at
Fort Gordon, Georgia, from July 24, 1967 to August 4,
1967, which constitutes an injury (see e.g.,
VAOPGCPREC 08-2001).  The Board further finds that,
based on the VHA medical expert's opinion, the
preponderance of the evidence is in favor of finding
that the Veteran's type II diabetes mellitus diagnosed in February 2008 is related to his exposure to herbicides in 1967. Consequently, the Board finds hat the evidence establishes that the Veteran incurred bodily injury due to his exposure to herbicides while on ADT in 1967 and that such bodily injury is the etiology of his current type II diabetes mellitus.  Accordingly, for the purposes of granting service connection for type II diabetes mellitus,the Board finds that veteran status is established for the period of ADT from July 24, 1967 to August 4, 1967, and that the Veteran has type II diabetes mellitus as a result of injury incurred during such service.Forthese reasons, the Board finds that service connection for type II diabetes mellitus is warranted, and theVeteran's appeal is granted. 

The big difference between the lucky Army guy and us? He didn't have VBA Office of Public Health against him like we did.

He didn't have OPH redefining the word "exposure" to prevent exposure claims. He didn't have JSRRC input ignored in violation of VAM21-1MR and VCAA. He didn't have false promises of "case-by-case" claim consideration that only resulted in 100% denial of every single veteran's claim.
He didn't have the VA OGC determined to keep Air Force Reservists from the same protections awarded this Army Reservist.

Department of Veterans Affairs December 2015: One veteran's appraisal

This old vet

• It is a better department than last year. While problems still abound, there are fewer than last year and we understand more about dealing with remaining issues.

• The C-123 issue has been basically resolved, with only retroactive compensation a lingering concern. This wraps up a 54-month effort, largely thanks to the Secretary's own fist pushing through his Interim Final Rule. As a small group, we've received more attention than we're due, both from the Secretary and his colleagues.

• The principal news on benefits came this week with the VA's announcement that it intends providing presumptive service connection to Camp Lejeune Marines. This is the biggest event since Secretary Shinseki recognized IHD as a presumptive Agent Orange illness, and again is due to Secretary McDonald's leadership.

• Staff changes have been significant and not always for the better. Besides the new Secretary, new faces are in place for Under Secretary for Benefits and Under Secretary for Health Administration. Staffers at more junior levels have caused alarm due to FOIA releases showing their personal disregard for the Veterans Claims Assistance Act, the VA21-1 regulation and Due Process rights.

• The inappropriate use of outside consultants and subject matter experts is certainly receiving more critical attention within the Department.

Secretary Bob McDonald

• I find the Secretary, much like his earliest predecessor General Bradley, to be basically apolitical, completely dedicated to serving veterans, and more hardworking than I ever imagined a cabinet officer could be. If VA has a problem he wants it out. If VA has a success he wants it magnified. If a veteran has a concern he wants it addressed. If a veteran wants a harder working Secretary of Veterans Affairs, good luck – there's none to be found! Give him credit – he took a job leading this government's most toxic agency with no chance for wide acclaim, only criticism, but a job he could grab onto to make veterans' lives better.

• Homelessness among veterans is greatly reduced, and the public is becoming aware that not every panhandler on a corner with a cardboard sign "help a veteran" is one...as they usually aren't.

• Claims inventory is down but appeals are up beyond reason.

• The VA Center for Ethics in Healthcare remains challenged with too many failures, as does the VA's own Inspector General.

• The VA Office of General Counsel serves the Secretary and his department as their client, of course, but has completely forgotten that the best way to do so is to have veterans' needs as their paramount goal.

• VA's Denver hospital became a national disgrace and brought the Department into disrepute.

Good job, VA!

• VA continues to disregard legitimate Freedom of Information Act requests, including those for patient records for veterans' claims; too much money is wasted opposing FOIAs, both in VA staff, VA attorneys, Department of Justice attorneys and fees paid veterans' advocates for unjustly withholding public information.

• Clinic and hospital appointment wait times are improved.

• The Veterans Choice program is far from perfect but is helping speed up urgent care.

Conclusion:There isn't much more we could have hoped for from any Secretary of Veterans Affairs or any president's administration than Secretary McDonald has delivered for America's veterans. Whoever our next president may be, "Bob" is needed right where he is.