Westover C-123 Nearly Brings Down the President!

 Old Warbirds: What Fascinating Stories They Tell

By Wes Carter, 74AES,1974-1992

FORWARD:  

In an earlier article I suggested this essay would present a true story. I said I’d somehow weave together an Air Force C-123 airplane I once crewed, Doan's Headache Pills, Tom Cruise, Ayatollah Khomeini, “The Fat Man and the Fat Lady,” Richard Nixon and Watergate, FBI, José Fernando Canales Aleman, CIA, a USAF 439th TAW Honduran beach bar with wings, Ms. Fawn Hall’s September 2025 wedding, Dennis Hopper, Pablo Escobar and lots of cocaine and money.

Plus, for extra credit, Ronald Reagan and jelly beans. “Now there you go again.” If you wish, simply

return to this paragraph to check off players, events and other items as the story evolves. All this = one story. And true!

I freely admit this is a long and detailed read, but it happened with terrible consequences. I guess I like to hear myself type almost as much as hear myself talk, however I'll try to keep this short enough my printer won't choke on it.

Things like this shouldn't have happened but seem to bite us sharply in our national politics again and again. Maybe our poetical parties need an ethics and morality device, kind of like Spock’s Star Trek tricorder. That would be so cool!

Everything began to unravel on October 5, 1986, when a Nicaraguan soldier downed an American plane carrying arms to “Contra” guerrillas, exposing a tightly held U.S. clandestine program. A month later, reports surfaced that Washington had been covertly selling arms to Iran (our sworn enemy and a state sponsor of terrorism), in exchange for help freeing hostages in Beirut. The profits, it turned out, were going to support the Contras, despite an explicit ban by Congress.

In the firestorm that erupted, shocking details emerged, raising the prospect of impeachment, and the American public confronted a scandal as momentous as it was confusing. At its center was President Ronald Reagan amid a swirl of questions about illegal wars, consorting with terrorists, and the abuse of presidential power.

DATE AND SETTING: Western Hemisphere, 1982-1988

Chapter One, Ronald Reagan: (continued below)

"Now there you go again." President Reagan's mild censure of his White House press corps gave every reporter in the briefing room fits of frustration at his evasiveness and those smiles that the Old Man does so effectively.

Download Available: C-123 Files Collection (49MB)

 Here's a 49MB file, a disorganized collection of press releases, clippings, essays and other materials. Not included are AF and VA source documents dealing with C-123 Agent Orange, a file I'll post soon. I call this "disorganized" because materials are just what I came across with more mentions of my own name than anyone else wants to read.

Just scan with any QR code reader:

VA grants 100% disability claim for C-123 Agent Orange Avascular Necrosis

Today I received a VA 100% service-connected disability decision for bilateral hip avascular necrosis, having had three replacements in four years. This disease is not automatically recognized by the VA as associated with Agent Orange exposure so I had to establish medical nexus with three MD letters, three BVA decisions, and two peer-reviewed journals.

This is in addition to earlier decisions of 100% disability for prostate and bladder cancers and 100% for loss of use of both feet, which was also Agent Orange related per diabetes @ 20%. I was also previously service-connected for Agent Orange exposure with 20% for IHD. I already had 60% for cervical spinal cord injury and 40% for lumbar spinal cord injury, 10% for tinnitus, plus 20% for shoulder injuries. What a mess I am!

The VA decision review officer agreed there was Clear and Unmistakable Error on my hypertension claim denied in 1992 because I was on AD when diagnosed in 1991. Correction took 24 years!

Final result: I'm still at the same 100% total disability (even with a total of 460%) because that's the top end of the VA scale. I was already there because of shoulder and spinal injuries but this is a moral victory in getting VA to recognize the exposures and the resultant illnesses. It is my hope that the avascular necrosis decision will help other veterans in their claims.

NEW ACTING VA BENEFITS UNDERSECRETARY SAYS AGENT ORANGE IS HARMLESS!

T. Murphy, VA Acting Undersecretary for Benefits

Problems continue to unfold at the Department of Veterans Affairs. The VA has had a series of recent personnel changes, one of them the departure of the man filling the office of Undersecretary for Veterans Benefits.

So, as a problem topped with another problem, in comes Mr. Thomas Murphy (himself a veteran, moving up from his Director, Compensation and Pension in less than a year to become Acting Undersecretary for Veterans Benefits. 

Mr. Murphy is a hard worker, and came to his earlier position at Compensation and Pension in 2010 where he oversaw VA's entire program for reviewing veterans' disability claims for approval or disapproval. His business background was at Home Depot.

Why is Mr. Murphy a problem? Because his six years at Compensation and Pension are fairly judged to be a relative failure in serving America's veterans. We'll focus here on two of these failures.

First, his determination and success in "holding the line" against Agent Orange claims. The two most visible groups he's fought on this are the Blue Water Navy Veterans and the C-123 Veterans Association.

In 2012 Mr. Murphy wrote his denial of a C-123 veteran's Agent Orange exposure claims after the Portland VARO said they wanted to approve...Mr. Murphy put a stop to that! "In conclusion, there is no conclusive evidence that TCDD exposure causes any adverse health effects." He wrote that to dismiss expert input from the CDC  confirming the veteran's exposure.

TCDD, the toxin in Agent Orange, is recognized by science to be the most toxic of the toxins, and definitely causes "adverse health effects." VA itself (but not Mr. Murphy) understands that it is a highly toxic substance. Likewise, NIH, EPA, WHO, NIEHS, US PHS and other health authorities understand TCDD ain't good for you.

His was no mere typo. Mr. Murphy's three-page denial blocked compensation and medical benefits to a veteran C-123 aviator. Four years later, VA itself conceded that veteran and other C-123 vets actually had been exposed to Agent Orange and could receive benefits.

At least, those who survived that long despite Mr. Murphy's policy of blanket denial by VA all C-123 claims would receive benefits.

Of course, Mr. Murphy assured veterans and legislators that VA had no such policy of blanket denials and instead promised to review all C-123 claims on a "case-by-case basis" – he just never bothered mentioning his assurance actually meant VA's case-by-case denial of every single claim submitted by every single veteran who flew the C-123.

Mr. Murphy must have been determined to deny this C-123 vet's claim. He rejected input confirming the vet's exposure not only from the CDC, but also from the National Institute of Environmental Health Services, the NIH, and numerous university-based scientists and physicians all supporting the vet's claim.

His denial opinion was read back to him, and he merely said he couldn't be familiar with everything leaving 1800 G Street over his signature. He hasn't made any correction to his 2012 statement, even with the last four years of confirmation of C-123 exposures.

In conference with C-123 veterans and his own staff, Mr. Murphy firmly explained that Veterans Benefits Administration had already determined none of the C-123 veterans were ever exposed, and no amount of proof from scientists or government agencies would raise the claim to VA's "as likely as not" threshold. All claims would be denied, he said.

But, of course, only after his "case by case" evaluation and automatic denial! It took four years and the Institute of Medicine study to get VA to begin permitting benefits for surviving C-123 vets. While that may have been a disappointing shift from the blanket denial policy VA still pretended not to exist, at least the department drew satisfaction in the money saved by blocking medical care and benefits for so many years.

A note: if Mr. Murphy's 2012 claim denial letter was written by a staffer for his approval, the staffer was most likely Mr. James Sampsel, manager of VBA's Agent Orange desk and liaison to the Joint Services Records Research Center (JSRRC) in DOD. Mr. Sampsel was also the staffer who drafted Secretary Shinseki's error-laden letter and deceptive C-123 Fact Sheet.

Mr. Sampsel, a Vietnam veteran himself, made his own perspective quite clear in a related email to Mr. Murphy. Mr. Sampsel determined that "the real problem" in denying C-123 veterans' claims is the amount of evidence confirming those exposures.

Get it? VA's "real problem" is that the veterans' proofs must be ignored by VA so as to deny the C-123 exposure claims. Mr. Sampsel, labeling CDC, NIH, US Public Health Service as "the real problem" in his email to Mr. Murphy, insisted VA had "an overwhelming preponderance of evidence" against the vets. He cited input from the VA consultant and VA's own web site, pretending that VA putting their policy statement online was "overwhelming evidence" sufficient to ignore the other federal agencies and dozens of independent scientists and physicians establishing the veterans' exposure injuries.

No legally required "benefit of the doubt" was even to be permitted. No contrary evidence was acceptable to VBA, Mr. Murphy or Mr. Sampsel...their policy overrode every regulation, law, Federal Register statements and assurances to Congress. Their anti-veteran preference overrode everything.

Even the DoD had tried to tell Mr. Sampsel it had credible evidence from many sources supporting the veterans. Mr. Sampsel, in response to DoD, put blinders on and was improperly very highly selective about what evidence it would acknowledge – if evidence supported C-123 claims it was immediately ruled unacceptable. As for VA and its campaign against C-123 claims, Mr. Sampsel would not request a JSRRC finding or permit one to be issued on C-123 veterans (note: this violates procedures described in VA's own regulation VAM21-1MR, as well as the Veterans Claims Assistance Act.) He then refused to acknowledge any JSRRC input he had not first requested...thus, no requests = no JSRRC confirmation = denied claim.

Mr. Murphy thanked Mr. Sampsel for his input.

Mr. Murphy's thanks were for Mr. Sampsel's success in denying all such claims for another three years. It wasn't until the Institute of Medicine's C-123 report was published that VA finally acknowledged the aircraft contamination and the aircrew's exposure.

Just as the CDC had said back in 2012, when more of the vets were still alive.

C-123 Update -- a little news

Recently some very good news, but also news that has our heads swiveling on our necks in pure confusion.

Good stuff first.

Ernie Pablo got word to us that he won a 100% VA disability claim, backdated to June 19,2016, for C-123 Agent Orange-related illnesses. Likewise, C-123 pilot LtCol Roger Pile emailed that his VA claim is now approved and "check is in the mail." Others have been winning their claims, according to VA, but we don't hear from all of them.

On the less happy side, Mrs. Lorraine Surrette has been told by VA that John's esophageal cancer won't be covered under the Agent Orange rules. John's doctor's letter to the VA was damaging...the doc just didn't seem to care. She's pretty shook up and hurt. An appeal to the BVA is now her only option.

The 74AES has their annual dinner tomorrow night, and I'm missing those folks already as I can't attend.

Meanwhile, our effort on retroactive claims continues, I promise. Not much hope but we're not giving up!

USAF SURGEON GENERAL STAFF CONFIRM POST-VIETNAM C-123 AGENT ORANGE EXPOSURES "WITHIN THE EXPOSURES EXPERIENCED BY RANCH HAND PERSONNEL...IN VIETNAM"

Buried deep within a highly redacted Freedom of Information Act request submitted by the C-123 Veterans Association was a revealing admission from the Air Force Surgeon General: our aircrew and maintainers DID experience Agent Orange exposures, and the exposures were within the range experienced by Operation Ranch Hand veterans from the Vietnam War. 

The source was a memo dated April 23, 2012:

Bad enough but that was made worse by the decision not to inform the C-123 veterans of their potentially dangerous exposures from our 1972-1986 duties aboard the airplanes. Such a"heads-up" might have saved lives by alerting our vets to watch for health problems on the VA's list of Agent Orange illnesses.

This USAF Surgeon General's report dismissing veterans' concerns was created about six months after the CDC informed the VA and USAF that C-123 crews had been dangerously exposed, with a 200-fold greater risk of cancers. The USAF Surgeon General's office avoided comment on the CDC report, and did not respond to CDC when asked for further input and consultation.

This whole sad fiasco was a lost opportunity. It came during the years that Dr. Terry Walters (in Veterans Health Administration Public Health Post-Deployment Health) confirmed that she had specifically forbidden C-123 veterans from taking VA's Agent Orange Registry medical exam.

She and her colleagues were at this time redefining their unique and unscientific (according to other Federal health agencies) concept of exposure to prevent veterans' exposure claims. They presented it at the Society of Toxicology conference in September 2012.

This was nearly three years before the VA finally acknowledged C-123 veterans' Agent Orange exposures, five months after the Institute of Medicine's C-123 Agent Orange Report confirmed the exposures.

So many mistakes and even deceptions over this five-year struggle!

General Officer Statement on C-123 Safety

Patches, Tail # 362, now at USAF Museum, Dayton OH

In October 1979, even after tests were performed on a C-123K assigned to the 731st Tactical Airlift Wing and Agent Orange was identified which still contaminated the airplane, BG Don Haugen made the following statement to thousands of his personnel:

"As far as aircraft safety is concerned, although there is never a warranty, the C-123 is as safe as humanly possible."

I personally worked for this leader and admired him greatly. But he was in error.

The C-123 was a deadly hazard that had already poisoned us for seven years, and that would continue poisoning us for three more until the last was flown into desert storage. 

Agent Orange, identified on Patches (Tail #362,) remained on many of our aircraft following their Vietnam Agent Orange spray missions. The Conway tests proved this, but neither we nor our leadership were informed then, or ever since. We had to find out by the Freedom of Information Act.

What happened? Where was the leadership due us from the USAF Surgeon General?

Where is the leadership and responsibility of the Department of Veterans Affairs when we turn to it with proof of our illness, proof of our exposures, and find the VA locking its hospital doors against us?

Has VA not read its own mission statement, so horribly abused this Year of VA Scandals?

Mission, Vision, Core Values & Goals

Mission Statement

To fulfill President Lincoln's promise “To care for him who shall have borne the battle, and for his widow, and his orphan” by serving and honoring the men and women who are America’s Veterans.

Core Values

VA’s five core values underscore the obligations inherent in VA’s mission: Integrity, Commitment, Advocacy, Respect, and Excellence. The core values define “who we are,” our culture, and how we care for Veterans and eligible beneficiaries. Our values are more than just words – they affect outcomes in our daily interactions with Veterans and eligible beneficiaries and with each other. Taking the first letter of each word—Integrity, Commitment, Advocacy, Respect, Excellence—creates a powerful acronym, “I CARE,” that reminds each VA employee of the importance of their role in this Department. These core values come together as five promises we make as individuals and as an organization to those we serve.

Integrity: Act with high moral principle. Adhere to the highest professional standards. Maintain the trust and confidence of all with whom I engage.

Commitment: Work diligently to serve Veterans and other beneficiaries. Be driven by an earnest belief in VA’s mission. Fulfill my individual responsibilities and organizational responsibilities.

Advocacy: Be truly Veteran-centric by identifying, fully considering, and appropriately advancing the interests of Veterans and other beneficiaries.

Respect: Treat all those I serve and with whom I work with dignity and respect. Show respect to earn it.

Excellence: Strive for the highest quality and continuous improvement. Be thoughtful and decisive in leadership, accountable for my actions, willing to admit mistakes, and rigorous in correcting them.

VA Needs Data About C-123 Veterans - NOW!

The Veterans Administration and the Air Force...heck, EVERYBODY is confused about our C-123 veterans head count and personnel issues. The questions hitting us are:

1. How many C-123 veterans are there?
2. How many have submitted VA claims?
3. How many have VA claims which have been denied or approved? We don't know of any approvals.
4. Does any C-123 vet have an appeal of a VA claim denial in process with the BVA or other agency?
4. Can any or all of us claim having flown Patches or other known Agent Orange spray birds? IMPORTANT - did you fly Patches (Tail 362) or not?
5. We have been collecting a list of illnesses with LtCol Paul Bailey putting the list together in Excel - if you have not already submitted your name and whatever AO illnesses you claim, please give him your info by an email to: a208773@rocketmail.com
6. Please pass the word to other C-123 veterans - we estimate our people to number about 1560 aircrew, aeromedical evacuation, maintenance and aerial port personnel. The AF thus far has declined helping us search for retirees but we hope we can find each other by personal contacts. We also hope the VA can approach AF for help locating our people through retiree records. Again, have them write LtCol Bailey or Wes Carter, at wes@c123cancer.org
7. We need to know of deaths among our veterans. We know of just a few (Tim Olmsted, Bob Boyd, "Doc" Werner, George Gadbois, Lou Paskavitz, S. Glenn, Ron Ploof, Bill Schindler) but VA needs to get a better handle on those who have passed and their illnesses.

Deadline for Retroactive Benefits Approaches - August 30!

PLEASE: If you have, or suspect you have any condition associated with Agent Orange exposure, your application for benefits musts be filed with the Department of Veterans Affairs by August 30 to qualify for one year of retroactive benefits.


The VA has been announcing this for quite some time, and those suffering from three specific diseases may qualify for a year of retroactive benefits...that will be determined by their rating officers, but YOU must send in at least a simple letter of application...consider using the following language - a more formal application can follow at any time but you MUST have something submitted.


Your more formal paperwork can follow later, but let's get this started now. If you know of veterans' survivors, please get the word to them as well!


(your name and address)
(your Social Security Number)


To: Department of Veterans Affairs
    address of your VA Regional Office)


I have been exposed to Agent Orange while in the United States Air Force as a crew member aboard our C-123K aircraft, and apply for all appropriate protections and benefits.


Respectfully,




(signature)
-------------- from Air Force Sergeants Association----------------

VETERANS NEWS  Agent Orange Deadline Approaching Vietnam-era veterans take note; an important due date is approaching for those who have medical diagnoses for three presumptive conditions related to exposure to Agent Orange. Veterans who have been diagnosed with ischemic heart disease, hairy cell/B-cell leukemias and Parkinson’s disease have until August 30, 2011, to file their disability claims with VA in order to qualify for up to one year of retroactive benefits. Veterans can file for disability claims online at VA's Agent Orange Fast Track Claims Processing System (https://www.fasttrack.va.gov/AOFastTrack).  ; Veterans who served in the Republic of Vietnam or in-land waterways between January 9, 1962 and May 7, 1975 may use this website to apply for disability benefits for these conditions. (THIS ALSO APPLIES TO ANY PERSON EXPOSED TO AGENT ORANGE UNDER WHATEVER CIRCUMSTANCES.) NOTE: Widows and widowers whose spouses have died from Agent Orange presumptive conditions may also qualify for retroactive benefits and are encouraged to file for dependent indemnity compensation by August 30. Immunization Awareness for Veterans VA health care workers prepare for the upcoming flu season, it’s important for vets to get the right vaccines in the right doses at the right time.  As part of National Immunization Awareness Month activities, VA provides this list (http://www.va.gov/health/NewsFeatures/20110818a.asp) of some of the most important vaccines.