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.

Seven Dates = years of VA blocking C-123 Agent Orange exposure claims

I'd like to put seven events before veterans, our legislators and the public to illustrate VBA's tortuous and wrong-headed struggle to prevent C-123 veterans' Agent Orange claims. VA dragged out justice for years, with acts I feel violated VA21-1MR, VA's pro-veteran duty, the VA duty to process claims in a non-adversarial manner, the Veterans Claims Assistance Act and the Due Process Clause in the Fifth Amendment to the Constitution.

This is an important matter because VA's misdeeds denied our veterans up to $150,000 in retroactive compensation generally awarded other Agent Orange veterans once claims are resolved. Plus, C-123 vets were denied years of vital medical care. Important issue, because it shows VA disregard for its own regulations and obligation for a pro-veteran perspective.

1. VBA's Agent Orange desk repeatedly informs veterans that JSRRC confirmation is required to acknowledge claims, saying VA cannot act and citing VA21-1MR requirements for JSRRC report
2. March 12 2013: VBA Agent Orange desk receives JSRRC director's confirmation of evidence for C-123 Agent Orange exposure which cites numerous government records
3. March 12 2013: VBA and VHA discuss JSRRC confirmation in their internal communications, its role and its availability to veterans and whether it triggers presumptive service connection; decision to disregard as irrelevant (violates VCAA and Due Process at this point)
4. May 9 2013: Two months after JSRRC official confirmation, VBA corresponds with C-123 veterans informing them JSRRC confirmation is necessary but does not reveal JSRRC confirmation already received two months earlier
5. June 10 2013: VBA Agent Orange desk drafts letter for Under Secretary Hickey to Oregon Governor, avoids mention of JSRRC and other government proofs received by VA, cites non-existent "specific scientific investigation" (which was instead a VHA staff consensus...no scientific study was ever done) against C-123 claims
6. July 10 2013: Mr. John Kruse (Director Benefits Team VA Congressional and Legislative Liaison) submits detailed letter from C-123 veterans re: JSRRC, VCAA violations and other issues to Secretary Shinseki, without response
7. May 2014: VBA begins receiving individual veteran JSRRC confirmations in May 2014 but does not act or inform veterans, stating it will delay and, await the IOM study (which resulted in the June 2015 Interim Final Rule)

Net effect: eligible deserving veterans were denied VA medical care and other benefits for over four years following CDC, NIH and US Public Health Service confirmation of our exposures, and for over two years following DOD JSRRC confirmation of our exposures which satisfied the VA's own regulation VA21-1MR but which VA ignored, violating Veterans Claims Assistance Act and Due Process Clause.

Barbara Haskins, wife of Dick Haskins, has passed.

Our hearts go out to Dick Haskins on the loss today of his wife Barbara. Please keep the Hanskins family in your prayers. Dick is a long-time veteran of the 74AES/439AES at Westover.

                        ....all your friends from Westover!

Agent Orange Hysteria? By Us?

No. I''d say we C-123 vets are fairly realistic. We know, as scientists and physicians tell us, that we can't actually point to any particular boo-boo ailments and insist they are Agent Orange-related. What we can, and do, insist is that we were indeed exposed. That we incurred abody burden significantly higher than first thought because the airplanes' contamination was "fresher" those years right after Vietnam. And we had a long-term, low-doseage exposure which toxicologists explain is worse than a high-dose, short term exposure. 

And, God knows, we have said farewell to too many friends like Gabby Gadbois, Bob Boyd, Lou Paskowitz and the others. 

Did You Fly C-123? File your VA Claim NOW!

The VA famously (and sadly) takes years to make up its mind about a veteran's disability claim. This is a period of anxiety and worry while the veteran tries to address mounting medical and financial problems, but there's not much to be done about their timeline.

What you can do is consider the following:
1. get a letter, postcard ANYTHING to the VA immediately stating it is your intention to submit a disability claim for your illness or injury. Whatever compensation that eventually is awarded dates from the time-stamp on your notification to the VA...so don't wait. Say "Dear VA: I expect to apply for benefits for exposure to military herbicides and (any other issues you may have.)" sign and mail. Couldn't be easier!
2. consider using the VA's Fast Track claim process, where you complete everything you're going to present, gather all your proof (doctor's letters, personal statements, medical records, line of duty determinations, EVERYTHING) and submit. This is a process where you declare to the VA that you have a complete claim and are willing to let them make a determination based on the total package you present and on what's in their files on you already.
3. get with one of the veterans service organizations - they are the professionals in this mess. The Disabled American Veterans, Vietnam Veterans of America, Veterans of Foreign Wars, etc., all employ highly-trained advocates to help you put your claim to the VA. They require a power of attorney to represent you, and these people are bull dogs! They really latch onto the finer points of VA rules and regulations and make sure your application is as solid as can be. They know the ins-and-outs of strategies such as Individual Unemployability, which can bring many veterans up to 100% disabled ratings. Not only is the 100% rating a better monthly payment but it also means complete medical care - eyes, ears, dental, everything. And if your rated disability is 70% or higher it also means nursing home care in your own community.
4. if you are ill, ask the veterans service organization to help you get medical care from the VA on a "presumptive eligibility" basis until such time as your claim is resolved.

Chicago Area C-123 Veterans Needed for Interview!

We have fortunately attracted the attention of a network famous for caring about veterans' issues, and we hope for some great coverage next month.

For their reporters to look further into our C-123 Agent Orange claims they really want to interview any of our veterans or surviving family members in Chicago, or in the broader Illinois area. If that's you, or if you know where we can find such folks, please get an email to me or call!

And there's news coming out of Springfield, too!

     Wes

Earl Dyer - Rest in Peace

Earl Dyer saved many lives during the Gulf War, and was a tireless medical professional respected by all. God bless him and his family. We're grateful for his many years of dedicated service to the 74th Aeromedical Evacuation Squadron. Heaven is a better place with him serving there.