VA Ripped Off By Phony C-123 Agent Orange Claim!

Some con artists come from our own military ranks. Take this dishonorable clown for instance: A clinic lab tech at Hanscom AFB between 1972-1973 claimed Agent Orange exposure from doing his medical lab work. This was probably for aircrew annual physicals, and probably with gloves on. He even claimed he went to the flight line to "recover medical specimens" form the aircraft!
The VA granted his phony claim in 2022. The USA will waste hundred$ of thousand$ on the clown...tax dollars from his fellow citizens.  His claim (and the resultant money!) will be backdated seven years...he is raking in big bucks with the phony claim and his lies made under sworn testimony.

Citation Nr: 22065492
Decision Date: 11/22/22	Archive Date: 11/22/22
ORDER
Entitlement to service connection for prostate cancer, secondary to herbicide exposure, is granted.
FINDINGS OF FACT (???????)
1. The evidence is at least in approximate balance as to whether the Veteran was exposed to herbicides in service at Hanscom Air Force Base (AFB).
2. The Veteran's diagnosed prostate cancer is presumed to be related to exposure to herbicides during service at Hanscom AFB.
CONCLUSION OF LAW
Resolving reasonable doubt in the Veteran's favor, the criteria for entitlement to service connection for prostate cancer, secondary to herbicide exposure, have been met.  38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty in the United States Air Force from October 1970 to October 1974. Entitlement to service connection for prostate cancer, secondary to herbicide exposure, is granted.
Factual Background.??????
The Veteran's service records indicate that he was stationed at Hanscom Air Force Base (AFB) from April 1972 to October 1974 and that his principal duty was medical laboratory specialist, military occupational specialty (MOS) code 90450.  See Service Personnel Records.

In a November 2019 Congressional correspondence, the United States Air Force confirmed that three Ranch Hand C-123 spray aircrafts were utilized as cargo and passenger aircraft at Hanscom AFB between November 1972 and September 1973.  

The Veteran's VA treatment records indicate that he was diagnosed with prostate cancer in July 2015.  

In an October 2015 Notice of Disagreement (NOD), the Veteran asserted that, while stationed at Hanscom AFB, he was required to analyze bodily fluids and other material that had been transported by C-123 aircrafts.

In a November 2017 VA Form 9, the Veteran asserted that, while stationed at Hanscom AFB, he was directly involved with receiving medical specimens, equipment, and personnel that had been transported on C-123 aircraft.  The Veteran also stated that this was performed without protective gear.  

In an October 2018 correspondence, the Veteran stated that, while stationed at Hanscom AFB, he attended all patients requiring lab work, including C-123 crew members, and performed lab testing on medical specimens that were transported by C-123 aircraft.  See October 2018 Veteran Correspondence. 

In the October 2020 Board hearing, the Veteran TESTIFIED (to a VA administrative judge) that, while stationed at Hanscom AFB, he frequently went to the flight line to retrieve medical specimens that had been transported by C-123 aircraft.  The Veteran estimated that he came in contact with a C-123 aircraft approximately 30 times. 

New Diagnosis - Parkinson's Disease

New Diagnosis - Parkinson's Disease

They might have figured out some of the problems I've been having...I got diagnosed with Parkinson's last week. The symptoms are there but don't seem to be advancing too fast, so at age 75 I can hope to "age out" of the worst of it.

Another blessing brought to us by Agent Orange! Parkinson's, Parkinsonism and Parkinsons-like symptoms are now considered Agent Orange presumptive illnesses, along with bladder cancer and all the old favorites!

Update on VA use of AFSC codes for C-123 service:

Update on VA use of AFSC codes for C-123 service:

I argued with VA recently about their poor quality collection of eligible AFSCs for establishing C-123 service, and they apparently now will accept an AFSC on their list as well as a specific description of duties involving C-123 contact. They are covering aircrews, maintainers, AME and others. Most importantly, I believe this should help Aerial Port personnel apply and succeed with Agent Orange claims. Let me know.

    WTC

Their letters to/from me:

Sir,

Hello, Dr. Erickson spoke very highly of you and so it was nice to see your email.

BVA actions are a legal review process over which I have no jurisdiction, but I am happy to forward your email and the attachment to VBA and the office that handles Agent Orange related actions. 

I will ask that they review the unit name change from 33rd AES (Pittsburgh) to the 911^th and the occupational codes.  I will also make them aware that Mr. Dominic Baldini at JSRRC is available to address questions as necessary.

Thank you

Pat

V/R

Dr. xxx

Chief Consultant, Post-Deployment Health Services  (10P4Q)

Patient Care Services, 810 Vermont Ave NW, Washington, DC 20420

O: 202-xxx-xxxx

 

VA Motto: ICARE [Integrity-Commitment-Advocacy-Respect-Excellence]

 

From: Wes Carter <
Sent: Saturday, May 23, 2020 9:14 AM
To: Hxxxa R. 
Cc: xxxDomenic A CIV USARMY HQDA OAA AHS (US) <
Subject: [EXTERNAL] CONTINUED DIFFICULTIES RE: C-123 AFSC AND UNITS

 

Dear Dr. Hxxx,

Please forgive another intrusion on an issue involving C-123 veterans. We continue to have BVA claims denied on the basis of veterans having AFSCs not listed, or units not listed, or units which are the same organization but have changed names.

In on case most troubling to me, a widow's 2008 claim continues being denied by VBA and BVA. Her husband's AFSC 90250 (medical technician) is for aeromedical evacuation technician but isn't on the various lists, at least not those used by BVA to deny claims. Her husband's C-123 aeromedical evacuation squadron was the 33rd AES at Pittsburgh, now changed names to the 911th as shown on VA lists but her claim was denied by BVA disregarding that detail.

Once BVA has successfully denied a claim the veteran or survivor is lost unless able to afford an attorney and this woman, living on Social Security, is not so fortunate. 

Five years ago C-123 veterans won Agent Orange benefits. Four years ago I provided expert details to support her claim, and last year her claim was successfully opposed by BVA citing the AFSC and unit name.

I realize this is but one claim but it is a person, one of our veteran's widows and thus particularly important to every Air Force veteran. Please do what you can to invite Mr. Dominic Baldini at JSRRC to update VA on the basis of Air Force documents I've provided him, and do what you can to update BVA on the injustice they do blocking worthwhile claims.

Here is the BVA language used to prevent a claim's approval. Even though the text mentions medical crew members, the claim is denied because no listing of medical crew AFSCs is shown.  Fortunately, some BVA judges are less concerned with using the issue for preventing approvals and realize the problem, thus permitting flight nurses, flight surgeons and aeromedical evacuation technicians' claims to be considered even though not one of their AFSCs is listed.

VA has published a list of military units who had regular and repeated exposure to contaminated Operation Ranch Hand C-123s, used to spray Agent Orange in Vietnam, as flight, maintenance, or medical crew members.  VA has also published a list of specialty codes for military personnel who had regular and repeated exposure to contaminated Operation Ranch Hand C-123s, used to spray Agent Orange in Vietnam, as flight, maintenance, or medical crew members. Those codes for enlisted personnel are flight engineer/aircraft loadmaster (1130-1149), aircrew life support specialist (1220-1229), and aircraft maintenance specialist/flight technicians (4313-4359). Id. 

Thus, to warrant presumptive exposure based on contact with a C-123, a Veteran must have been stationed at one of the identified bases during the specified time period with one of the listed units. The Veteran must also have a military occupational specialty that entailed that he regularly and repeatedly operated, maintained or served onboard C-123 aircraft.

And from another BVA decision:

Can you please bring this to the attention of VA folks able to correct the injustice being done these claimants?

Thank you,

-- 

   Wes Carter

VA includes C-123 veterans in Agent Orange publication

 They haven't forgotten about our little group of veterans! The VA included our agent orange exposure in this recent publication titled: 

Garrison exposures and health concerns

publicationhttps://www.publichealth.va.gov/exposures/publications/military-exposures/meyh-2/garrison.asp

Coby Johnson's son Chris dropped us a note about his dad's Agent Orange VA award.

Not sure the best place to post this. My father, Wayne "Coby" Johnson succumbed to his fight with lung cancer on 9/20/20. 

He was a pilot and member of the 355th and 356th TAS at Rickenbacker and the 731st TAS at Westover. I would like to thank all of members of this community and this website specifically. 

Although he was initially denied his medical claim with the VA we were able to appeal the decision and he received the care and benefits he earned through the last year of his life. Thank you. https://www.wilmingtoncares.com/obituary/wayne-coby-johnson/

Thanks for writing, and God Bless your dad.

Colonel Frederick Lindahl laid to rest at Arlington

Dr. Fred Lindahl, Colonel USAF Retired
"The Perfect Warrior"

Fred was laid to rest at Arlington National Cemetery on April 18, 2019, in a moving ceremony of full military honors. His wife Liz and family were comforted by the company of Dr. Lindahl's Georgetown colleagues and many Air Force friends.

"Fred honored the flag in his lifetime of service.
Now, the flag honors Fred."

Try a cup of Agent Orange??

C-123 Regulation becomes FINAL on 22 October 2018

Three years on, VA on Monday October 22 2018 will make the C-123 regulations final.

This makes permanent and unchanged the C-123 interim final rule signed by Secretary Bob McDonald on June 19, 2015 following release of the pivotal Institute of Medicine C-123 Agent Orange report. In the interim rule, VA conceded that post-Vietnam C-123 veterans had been exposed and harmed by residual Agent Orange contamination in the aircraft.

The key point in this final adoption of the C-123 regulation is that there've been no changes whatever. VA received a great number of comments addressing retroactive exposure benefits, and shot them all down. Basically, VA held that exposure did not itself constitute an injury of the type that would make Reservists eligible for veteran status, much like a heart attack or broken bone on a UTA or Annual Tour would do. That destroyed any hope of our folks getting their claims back-dated, and only claims from June 19, 2015 forward are going to be compensated.

Below is the text of this important document:

Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 53179

DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900–AP43
Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides
AGENCY: Department of Veterans Affairs. ACTION: Final rule.
SUMMARY: The Department of Veterans Affairs (VA) is adopting as final an interim final rule published on June 19, 2015, to amend its adjudication regulation governing individuals presumed to have been exposed to certain herbicides. Specifically, VA expanded the regulation to include an additional group consisting of individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C–123 aircraft known to have been used to spray an herbicide agent (“Agent Orange”) during the Vietnam era. In addition, the regulation established a presumption that members of this group who later develop an Agent Orange presumptive condition were disabled during the relevant period of service, thus establishing that service as “active military, naval, or air service.” The effect of this action is to presume herbicide exposure for these individuals and to create a presumption that the individuals who are presumed exposed to herbicides during reserve service also meet the statutory definition of “veteran” (hereinafter, “veteran status”) for VA purposes and eligibility for some VA benefits.
DATES: Effective Date: This rule is effective October 22, 2018.
Applicability Date: This final rule is applicable to any claim for service connection for an Agent Orange presumptive condition filed by a covered individual that was pending on or after June 19, 2015.

C-123 Vet Passes: John Stuart Peavey, July 11, 1940 – December 2, 2015

  John S. Peavey, age 75, of the Shelburne Falls, and Buckland, Massachusetts area passed away at 11:30 PM on December 2, 2015.  John was born in Bangor Maine to his late parents, Edith (Turton) Peavey (Great Britain) and John Peavey (Maine).  John’s death was by natural causes attributed to respiratory failure brought on by ulcerative colitis.  John was buried at Blue Hill Cemetery in Braintree, Massachusetts.

   John leaves behind two sons, one named John S. Peavey II, and the other named unknown.  He leaves at least two grandsons also, and his former wife

Paula (Jourdenais) Peavey.

   John was a Air Force veteran of the Vietnam war/era, having served from May 22, 1961 to May 21, 1968.   He furthered his military career serving with 439^th TAW Reserve Unit at Westover AFB/ARB (C123s and C130s) during the 1970s and 1980s as an ART (Air Reserve Technician) full time civilian, military reserve obligated position, focusing in on the C123s.  T/Sgt John S. Peavey served in a dual role capacity being assigned to the 901^st CAMs (Consolidated Aircraft Maintenance Squadron) as a C123 Flight line crew chief, both civilian and military, when not performing “flight status duties”, and also served with the 731^st TAS (Tactical Airlift Squadron), C123s, as an in-flight Flight Mechanic, performing both mechanical and flight crew support duties to complete the various mission assignments  of the C123 Provider type aircraft assigned to Westover.

    John was a very well liked individual by his many friends of both the 901^st Cams, and 731^st TAS units,  as well as his “buddies” from the hill towns including Shelburne Falls, and the Colrain area of Massachusetts.    John will be missed by all.

Thanks for checks received! Address here is 1233 Town Center Drive, Fort Collins CO 80524

Several checks arrived from our veterans over the past couple days and I thank you all very much. If others also care to send anything here is the address:
C-123 Veterans Association
1233 Town Center Drive, Fort Collins CO 80524. Visitors welcome anytime–gets lonely out here on the Front Range!

We now have enough to cover most of the next trip to DC so checks coming from this point on go for the following effort which should be late spring early summer. Because almost all our money goes for travel if you'd rather (or can only) provide frequent flyer miles or something like that it's just as good as cash for what we need.

If you'd rather put a ticket or a hotel on your own credit card for accountability or your own preference, that's perfect as well.

I would very much appreciate the company of one of our other veterans for the next trip to Washington. It's a little more effective with two folks working the Senate and the House offices. I will even treat for lunch at the Senate dining room where you can enjoy their famous bean soup.

Help! Somebody else needs to run our association!

Help. Somebody needs to take over management of our C-123 Veterans Association. PLEASE!!
I started it and have been running it for five years but it is somebody else's turn at the helm. I say "We" a lot in the paragraph below but actually, nobody else is doing the work that needs to be done..Whoever leads our group pretty much has to do it by himself or herself.
Further, there is some expense getting this work done, mostly for travel and communications. When we started back in 2011 some very welcome financial help was offered by guys from the 731st, a couple windows and a few folks like Alan and Gail Harrington. Those of us who already had veterans benefits appreciated how important benefits are. What was chipped in was generous but was only a fraction of what we needed. I'm glad my wife wasn't watching our checkbook too closely.
There is nothing to do regarding membership, But everything to do regarding advocacy with the VA for the remaining issues on our plate. You will need a firm grasp of VA benefit programs, you should enjoy strategizing and have a bent for creative writing and negotiating. And of course, a detailed background on the C-123 and Agent Orange.
Let me explain:
A. Retroactivity:
1. Principally, we are working with our law firm with the goal of retroactive compensation for those veterans whose claims were submitted prior to June 2015. The VA only recognizes that as a start date and that is simply unacceptable. Besides our law firm generously providing pro bono assistance we are helpED by the National Veterans Legal Services Project.
2. We have further assistance from the principal veterans organizations, all of whom have signaled their support in writing directly to the Secretary of Veterans Affairs... VFW, DAV, Vietnam Veterans of America, ROA, Air Force Association, American Legion and Jewish War Veterans.
3. Senators Burr and Merkley have supported us from the start and continue to do so with their very energetic staffs.
B. Ongoing support for members claims:
1. We need to locate survivors to help them initiate claims for Dependents Indemnity Compensation. This is been very rewarding to reach out to folks like Cliff Turcotte's wife and others to get them the benefits we want for our families. We need to find others like Bob Boyd's wife
2. . It seems like every week or so one of our folks gets messed over by the VA on acclaim an opportunity presents itself to straighten things out. Sec. McDonald gave us a contact in the VA regional office in St. Paul Minnesota who provides excellent support in every way possible.
3. We need to keep up our efforts getting the word out to veterans from Westover, Pittsburgh and Richenbacher who have yet to hear that they have Agent Orange benefits available.
4. maintain the blog to inform our members and keep pressure on VA
I've done this for five years now, and it's simply time for somebody else to do this work. It is very rewarding every time I've had a phone call from a veteran whose claim just went through, but I want to share the joy and walk away from this as soon as possible.
Who's next? Give me a call.

It needs to be repeated: From the very beginning, VA science and policy were 100% WRONG on C-123 Agent Orange

In fact, VA was wrong and was determined to prevent our disability claims as a matter of policy regardless of the science involved. From the very beginning our search for help, VA ignored it's fundamental obligation to us as veterans.

No other veteran or veterans organization, supported in the scientific claims for harmful Agent Orange exposure by the CDC and other federal agencies as well as dozens of independent positions and university based scientists, has faced such an automatic VA opposition.  Today's perspective, 18 months after the release of the Institute of Medicine C-123 Report, clearly shows VA opposition was policy-based. VA simply had no scientific or legal basis to oppose the claims – yet they did.

Rather than permit us the benefit of the doubt required by law and M21-1MR they immediately took an adversarial position. That was most perfectly expressed by Mr. Thomas Murphy (Director, VBA Pension and Compensation) when on February 28 2013 he insisted no amount of proof from whatever source would be accepted by VA to support our claims.

Mr. Murphy explained that Veterans Health Administration Public Health decided upon our first inquiries back in early 2011 that, no matter what, C-123 vets were not exposed and VA would deny every claim. VA would do this while insisting that every claim would be considered on a case-by-case basis... and then automatically denied.

As regards the requirement to give us benefit of the doubt, VA reserved it for itself and denied it to the veterans. Even after support for our exposures was submitted to the VA by the CDC ATSDR as well as the National Institute of Environmental Health Sciences, DoD JSRRC and dozens of independent physicians and researchers VA stuck to its illogical and unscientific as well as blatantly anti-veteran position

Nothing illustrates the deception VA used against us better than the simple comparison of the May 2011 VA position statement (below, formulated by Dr. Terry Walters and her colleagues in VHA Public Health) and the final report on us published by the Institute of Medicine in January 2015.

Let's look at VA's five bullet points:
1) Correct, but irrelevant. The 1991 Agent Orange Act requires VA to treat all veterans exposed to Agent Orange if they have relevant illnesses. VA repeatedly assured Congress and the public via the Federal Register that it would do so.
2) Deceptive. There is only the issue of exposure, not the kind of exposure. For the purpose of opposing our claims, VA introduced the idea of remote/secondary exposure and claimed it made proven contamination of our aircraft no different than the theoretical contamination of the equipment used in Vietnam.
3) Ridiculous! VA stated it would ignore all proof of exposure from whatever source such as the CDC. We did not know it for years but VA had unscientifically redefined the word exposure to require bioavailability for exposure to be recognized. VA created its own unique redefinition of exposure to block our exposure claims, and were criticized for doing so by leaders in other federal health agencies. Even under this redefined exposure, VA should have acknowledged the bioavailability of the C-123 Agent Orange contamination when the CDC informed of them that veterans had a 200 times greater risk of cancer. VA uses Dorland's  Illustrated Medical Dictionary as the standard text of definitions... except for the word exposure.
4) Deceptive. The 1991 Agent Orange Act eliminated the requirement that a veteran establish medical nexus of illnesses associated with Agent Orange and instead provided a presumption. The scientific evidence suggested as missing was already established by the Institute of Medicine and it's numerous earlier reports. Further, as with the first point, VA have a legal obligation as well as the duty under its own regulations to treat all veterans with a proven Agent Orange exposure.
5) The last bullet point is perhaps the VA's most blatant policy driven deception. The opinions referenced as supporting our claims came from the CDC ATSDR, National Institute of Environmental Health Sciences, and dozens of university scientists and independent physicians. Rather than acknowledging this volume of proof, the VA Agent Orange desk in Veterans Benefits Administration simply asserted that it had "an overwhelming preponderance of proof" against our exposures. In fact there was no such proof against our exposure claims and VA insistence otherwise was merely a policy statement. The IOM C-123 Agent Orange Report relied on the same body of evidence to reach an opposite conclusion – veterans were indeed exposed!

VA Conclusions Rigged Uo To Deny Claims For Five Years:
1) "Even though residual Agent Orange may be detected in C-123 aircraft by laboratory techniques years after Agent Orange use, it must be remembered that there is no bio-availability of TCDD in these aircraft. "

2) "The potential for exposure to Agent Orange and TCDD and subsequent development of any adverse health effects from flying in potentially contaminated C-123 aircraft years after the Vietnam War is essentially zero."

Terry J, Walters, MD MPH: Director, Environmental Health, VHA

BUT, the Institute of Medicine concluded after studying the same data:
1)  Veterans suffered bioavailability of the dioxin aboard the aircraft by all three possible routes (dermal, inhalation, and ingestion.) IOM specifically disproved the VA theory of no bioavailability of dried dioxin advanced by VHA Post-Deployment Public Health. That flawed concept was earlier advanced by Dr. Alvin Young who actually argued against any hazards of Agent Orange in his article "Environmental fate of TCDD and Agent orange and Bioavailability To Troops in Vietnam."  A frequent VA and DoD consultant, Young was beneficiary of a no-bid sole source $600,000 consulting contract most of which focused on our aircraft.
2) "Reservists experienced increases in their risks of adverse health outcomes." In fact, the CDC told VA veterans had a 200 fold greater risk of cancer.

VA Forbids C-123 Veterans' Retroactive Compensation Due Our Agent Orange Claims

In June 2015, VA published its Interim Final Rule (IFR) which recognized C-123 Agent Orange exposures. It set the date for honoring C-123 claims as June 19 2015. It has been interpreted to deny C-123 veterans' retroactive benefits for claims filed even years before the Interim Final Rule.

Years earlier, VA regional claims offices and the Board of Veterans Appeals had started receiving C-123 exposure claims with virtually all being denied. But not all.

Honored before the June 2015 Interim Final Rule were claims from Paul Bailey and Dick Matte (74th Aeromedical Evacuation Squadron, Westover) and a handful of others from Hanscom and Rickenbacker. Just a few honored versus dozens denied.

Why were at least some honored? Because over the years that C-123 vets began experiencing Agent Orange illnesses at least some VA claims officers and BVA adjudicators obeyed the law. At least a very few claims (we've only found five) were properly interpreted by claims officers and BVA adjudicators who resisted HQ VA pressures and considered the evidence of DOD, CDC, US Public Health Service and other expert input. The law and VA 21-1MR were obeyed and at least these few claims honored. Here's why:

66 Fed. Reg. 23166 (May 8, 2001). VA explained for non-Vietnam veterans exposed to an herbicide agent defined in 38 C.F.R. 3.307(a)(6) during active military service and with diseases on the list of presumptive service connection (which includes diabetes mellitus type II and ischemic heart disease), VA will presume that the diseases are due to the exposure. 66 Fed. Reg. 23166; 38 C.F.R.  3.309(e).“ 

It turns out that one of the two the Interim Final Rule accomplishments was to make clear the legal "veteran" status of exposed C-123 maintainers and aircrew, but that was already accomplished by earlier Federal Register postings and binding Office of General Counsel precedential opinions.

The other major accomplishment of the Interim Final Rule was to block retroactive benefit awards due C-123 veterans!

Thats right...the VA's new rule served principally just to clean up the VA's opposition to our claims and to prevent our retroactive compensation due all veterans whose claims sit before the VA for years while the Department stalls. 

The loss to our veterans? In some cases, up to $200,000 each! Our claims, many filed as early as 2007 but denied justice until June 18 2015, are denied the retroactive compensation which the few C-123 claims honored before the IFR received in full, as per the law and federal circuit court actions.

We're now denied retroactive compensation which all other veterans receive once VA honors their claims.

In 2013, before the IFR was imposed on us, one of the men I worked with was overcome with emotion when he called to say the VA had deposited the $120,000 due him in retroactive compensation, money due him from the date VA first received his claim.

But this can't happen today. Even though we flew the former Agent Orange spray C-123 in manday status or annual tour (thus meeting the law's "active duty" definition described above) VA has maneuvered us out of all compensation due each of us...compensation dated from the submission of our disability claims to the VA. Even DOD regulations and VA's own rules say we were veterans once we were exposed to Agent Orange while on manday or annual tour status, but not VA today as they act behind their IFR action!

FulI Disclosure: I'm retired military and already VA 100% disabled so none of the VA's C-123 actions affect me...I'm already receiving all the VA owes me and it all comes out of my AF retirement. But anyone else in my situation, as an example, with a claim filed in May 2011 and with a total disability with special circumstances, would be due around $236,000.

But our vets won't ever see their retroactive pay, thanks to the sneaky Interim Final Rule. In at least a few situations prior to June 2015, such as with Bailey and Matte, our vets' claims were properly resolved and their retroactive pay due them was awarded. But after June 2015...not a penny will anyone ever see.

VA disregarded dozens of suggestions posted in the Federal Register prior to implementation of the IFR...just as they'd already decided to do. VA ignored our having established veteran status per the law, and instead pretended it had to construct veteran status for us and further pretended their action prohibited all retroactive compensation.

And that was their intent all along. VA was faced with the inevitable recognition of C-123 veterans'

exposure claims once the C-123 January 2015 report was released from the Institute of Medicine. VA stalled for six more months so as to block claims then, faced with action by several senators to block confirmations, yielded to permit the claims but also slapped us in the face with their scheme to block retroactive claims which we'd been waiting patiently for over these years.

Sneaky. And very wrong!

Here's what we've said to VA leaders:

A great deal of Reserve flying is accomplished in "man day" status, distinct from Annual Tour, Unit Training Assembly and Additional Flight Training Period status. Frequently, these man day tours were between a week and a month long, sometimes several times a year to accomplish cross-country or overseas airlift. 

DOD policy and AF Instruction 39-2619 state that man day tours are considered regular active duty tours, however brief. Thus, shouldn't C-123 Agent Orange exposures experienced during these periods of active duty tours entitle affected Reservists to the same presumptive service connection as other servicemembers in other active duty periods? The precedential opinions come into play here, I believe. 

If not, in what way are these Reservists' exposure injuries during man day active duty tours disqualifying as regards VA care and benefits for other active duty situations? Can I have an explanation to better inform our membership? 

Doesn't the Interim Final Rule seem to serve principally to limit (as to the June 19 2015 date) rather than facilitate, VA benefits, at least in some situations? 

It would be great if VA acted on our complaint but that's not likely. Instead, we'll have to continue bringing this injustice to the attention of our legislators and veterans organizations, and perhaps to another forum with authority to direct VA to do the right thing! Stay tuned.

C-123 Agent Orange Combat Related Special Compensation (CRSC) Benefits

Replaces VA Disability Offset for C-123 Retirees with Agent Orange-Related Disabilities - now considered combat related!

Did you know that if you are a military retiree with a C-123 Agent Orange-related disability you may be eligible to receive additional compensation through the Combat Related Special Compensation (CRSC) program? This is a new eligibility for C-123 veterans because Agent Orange illnesses are considered "combat related" because Agent Orange is an instrumentality of war.

C-123 Vets may be eligible to receive additional compensation.

Until 2004, there was a law on the books that prevented military retirees from receiving both military retirement pay and VA service-connected disability compensation at the same time. Military retirees could choose to receive VA disability compensation if they were eligible, but their military retirement pay would be offset by the exact amount of compensation they received from the VA. The veteran received the same total compensation as their full retirement pay, however, the spending power was greater because VA disability compensation is tax-exempt.

In 2004, a law called Concurrent Retirement Disability Pay (CRDP) was passed. CRDP allows military retirees to receive both military retirement pay and VA disability compensation if they held a VA disability rating of 50% or greater. This is a substantial increase in compensation for these veterans who are eligible to receive their full military retirement pay and their full VA disability compensation.

But retirees with less than a 50% disability rating were left in the dark when it came to receiving greater compensation. While lawmakers didn’t extend the concurrent receipt laws to cover all disability ratings, they did create a similar law for veterans with a “combat related” disability, even if they do not have an overall disability rating of 50%. In 2008, Congress passed a law called the Combat-Related Special Compensation (CRSC) (10 U.S. Code § 1413a), which allows military retirees, including traditional Reservists, to receive monthly compensation to replace some or all of their VA disability offset if they have a combat-related injury. Let’s take a deeper look at CRSC, what it is, who it affects, and how C-123 vets can apply for this benefit.

What Is Combat Related Special Compensation?

Combat-Related Special Compensation was created to replace the VA disability offset for service-connected disabilities that are a direct result of combat related injuries, to include injuries that occur during combat or armed conflict, or during combat training, training that simulates war, while performing hazardous duty, or from exposure to an instrumentality of war (such as military combat vehicles, C-123 Agent Orange exposure, etc.).

Combat-Related Special Compensation provides compensation to eligible military retirees that will replace some or all of the VA disability offset. Their military retirement pay will no longer be deducted by the amount of their VA disability compensation. Instead, they will receive their full military retirement pay (based only on active duty total longevity, not percentage of disability!) and a CRSC payment based on the percentage of their disability rating that is considered combat-related. It’s important to note that CRSC payments only apply to the disabilities that are considered combat related. So it is possible that your CRSC payment can be less than your overall VA disability rating, and thus less than your VA disability offset. Like VA Disability compensation, CRSC payments are tax free.

Combat Related Special Compensation Eligibility for C-123 Veterans:

Here are the eligibility requirements, according to DFAS — To qualify for CRSC:

• You must be entitled to and/or receiving military retired pay (Active or Reserve with 20 years or creditable service; Chapter 61 medically retired with less than 20 years of service; Retired under Temporary Early Retirement Act (TERA); or  retired under the Temporary Disabled Retirement List (TDRL)).
• You must have a VA service-connected disability rating of at least 10 percent
• Your military retirement pay is currently being reduced by your VA disability compensation (VA disability offset)
• You must file a CRSC application with AFPC

Disabilities that may be considered combat related include injuries incurred as a direct result of:

• Armed Conflict / Combat: This can include direct or indirect wounds which occurred during armed conflict.
• Hazardous Duty: This can include activities such as demolition duty, diving, parachuting, aerial flight, and more.
• An Instrumentality of War: An instrumentality of war is a device such as a weapon or weapon systems specifically designed for military duty or warfare. This can include certain military combat vehicles, vessels, aircraft, or an injury or sickness caused by exposure to fumes, gases, or chemicals. C-123 Agent Orange exposure qualifies as an instrumentality of war.
• Simulated War: This can activities such as military training, exercises, airborne ops, live fire exercises, hand-to-hand combat training, and more. This does not include standard physical training such as running, jogging, or group sports activities.

Eligibility Based on Service Dates and Back Pay: Anyone can be eligible to receive benefits under CRSC as long as they meet the eligibility requirements. This means it can apply to veterans who retired decades ago, or as recently as a month ago. There is even the possibility of receiving back pay if you are determined to be eligible for this benefit. However, if you retired with full longevity (20 or more years of service), you can only receive back pay as early as June 1, 2003, which was the effective date authorized by Congress. If you were medically retired under Chapter 61 with less than 20 years of service, back pay can only go back to January 2008, which was the effective date for authorizing veterans who retired with a medical retirement.

How to Apply for CRSC Benefits

Combat-Related Special Compensation is not automatic. You will need to apply for these benefits with AFPC. They will assess your claim and determine your eligibility. To apply, you will need to fill out DD form 2860, along with the required documentation mentioned below, and send it to AFPC.

CRSC can be a complicated benefit because each case is unique. As always, it would be a good idea to consider using a Veterans Service Officer to help you with your benefits claims. They are often well-versed in applying for military and veterans benefits, and offer free assistance to veterans.

Documentation of Combat-Related Injury Required: You must be able to show a causal link between your service-connected disability rating and a combat-related event. You will need to provide documentation of your military service, including your Form DD-214 or Form DD-215, military medical records pertaining to your injuries, military personnel files, line of duty determinations, safety mishap (accident) reports, military personnel data system printouts, prior military disability board decisions, casualty reports, official orders or travel vouchers, AF Form 5s, flight orders, VA summary letters, or other official documents that can substantiate your claims. Here is the important thing to remember: your records must clearly show your injury is combat-related or associated with C-123 aircrew, AME, life support or maintenance duties.

Federal Times video report on VA C-123 Agent Orange decision

Federal Times video report on VA C-123 Agent Orange decision (give video a few seconds to load)

Includes video clip of Dr. Al Young's standard famous "We just don't know."

VA Answers Basic Questions About C-123 Agent Orange Claims! Hotline=1(800) 749-8387

July 2 - phone number the hotline is corrected here
 and is actually 1(800) 749-8387

A very kind response from Veterans Benefits Administration leadership! We asked for clear and simple instructions for our folks to follow and VBA just emailed us exactly that. Here's the scoop...read carefully and get those claims in if you have what you believe to be one of the Agent Orange-related illnesses. 

Thank you, VA!  (HOTLINE NUMBER CORRECTED HERE!)

Specific claim situations:

a. no claims submitted yet 

Veterans with disability they believe is caused by Agent Orange exposure should file a claim for service-connected benefits on VA Form 21-526EZ (available at your local regional benefits office, through a Veterans Service Officer (VSO), or online athttp://www.va.gov/vaforms/ or file a claim online at https://www.ebenefits.va.gov/. 

Survivors whose spouses died from Agent Orange related disease should file a claim for Dependency and Indemnity Compensation on VA Form 21-534EZ (available at your local regional benefits office, through a VSO, or online at http://www.va.gov/vaforms/. 

b. claims submitted no decision

If you already informed VA that this was a C-123 claim, you should just sit tight while we resolve the claim.  We generally work claims on a first in, first out basis, so if your claim has been pending six months or more, it should be near the top of our list.  If VA is not already aware that your claim is C-123 related, you should contact your VSO or call us at 1 (800) 749-8387 and request that we add that notation to your file and route your claim to the St. Paul, MN regional office.

c. claims denied not yet appealed

If you believe VA’s decision was wrong, initiate an appeal on VA Form 21-0958, Notice of Disagreement, available through your VSO and online at http://www.va.gov/vaforms/.  You have one year from the date we notify you of our decision to file an appeal that may protect the effective date.  After one year, you will have to file a reopened claim.  The process to reopen is the same as described under “no claim submitted yet”, but usually requires new and material evidence.  Because of the rule change, VA will consider the reopened claim even if you don’t have additional evidence.

d. claims denied and appealed

If the appeal is currently pending at a regional office or the Board of Veterans Appeals (BVA), you should make sure that VA is knows this is a C-123 claim.  If you’re not sure, you should contact your VSO or call us at 1 (800) 749-8387 and request that we add that notation to your file.  If your appeal is still at the regional office and you have more evidence to submit, mail it to the regional office intake address below. 

If you’re unsure where your appeal is inside VA, you can send evidence and information to either of the addresses and we will locate the file and forward the new evidence for consideration.

e. claims appealed, denied

If the claim was appealed and the appeal was denied, you can submit a reopened claim.  VBA requires new and material evidence to reopen a denied claim, but in this case the rule change is sufficient to reopen your claim. 

Veterans with disability they believe is caused by Agent Orange exposure should file a claim for service-connected benefits on VA Form 21-526EZ (available at your local regional benefits office, through a VSO, or online at http://www.va.gov/vaforms/) or file a claim online at https://www.ebenefits.va.gov/. 

Survivors whose spouses died from Agent Orange related disease should file a claim for Dependency and Indemnity Compensation on VA Form 21-534EZ (available at your local regional benefits office, through a VSO, or online at http://www.va.gov/vaforms/). 

f. anything else?

I think we’ve covered all the bases, but we’re happy to answer any questions you or other C-123 Air, ground maintenance, and aeromedical crewmembers have.  If someone needs individualized advice on their claim, they should call 1 (800) 749-8387 and the experts will help sort out the issues.

.

Survivors should file reopened claims on VA Form 21-534EZ (available at your local regional benefits office, through a VSO, or online at http://www.va.gov/vaforms/).  If they’re experiencing extreme financial hardship or fall into any of the other categories below, they should inform us and provide whatever supporting evidence they have.  Evidence that would support a finding of financial hardship, and allow us to move their claims to the head of the line, include things like

• an eviction notice or statement of foreclosure
• past due utilities notices, and/or
• collection notices from creditors.

If they need help, they should work through a Veterans Service Organization or call the specialized C-123 claim processors at 1 (800) 749-8387.  They can also call VA’s primary claims help and information line at 1 (800) 827-1000.

Our response...Good job, VA! Thanks!