VA Agrees C-123 Personnel Exposed to Agent Orange, But Pretends They Aren't Veterans & Blocks Benefits

Last Thursday Congressional staffers, veterans service organizations, legal scholars and C-123 veterans met with the VA's Office of General Counsel Mr. Richard Hipolit. Despite all their disagreement about VA's approach to preventing medical care and other benefits for Reservists they agree were harmed by Agent Orange exposure, agreement was reached on one important issue: Ebola.

Actually, on any situation like ebola, but that disease was offered as an example by the C-123 Veterans Association spokesperson. If a C-17 transport crewed by Active Duty, Air Guard and Air Force Reservists were sent on a humanitarian mission to West Africa, and the crew returned home and went about their regular lives but developed ebola after a week, only the Active Duty aircrew would be cared for by the VA.

VA officials agreed with the example that because the Guard and Reserve members' ebola didn't develop while they were on active duty but after, as is the natural course of ebola and so many other toxin and biologically-induced illnesses, the VA would not offer any medical care to them. The VA's interpretation of "veteran" status of veterans* exposed to anything is that an illness (read "injury") must manifest itself during the duty period.

So, if no overnight cancers, if no overnight ALS, if no weekend ebola, the aircrews and maintainers who were asked to volunteer are are their own when these ailments appear once off duty, even if scientifically and medically tied to their duty exposures. Surviving families are also to be abandoned by VA when mom or dad Reservist dies from the illness contracted while serving.

Even when the Institute of Medicine "emphatically" informed VA that C-123 crews were exposed to Agent Orange, and even though the Secretary signed a March 17 2015 memo agreeing with that finding and restating the VA's duty to protect, VA has found (actually, created) a means to prevent caring for ill aircrew and maintenance veterans. By deciding we aren't veterans, even if we were legally qualified as veterans before flying C-123, after flying C-123s, or both.

Clearly, VA OGC's flawed legal perspective also fails every real-world test.

Their agency, responsible for meeting the medical and other needs of those who volunteer to serve, is so eager to block C-123 veterans' benefits that it has constructed a flawed legal theory...so flawed that today's Reserve Components would be unlikely to volunteer if properly informed of the risks.

Actually, our airmen are and always have been patriotic enough to volunteer and probably would do so in any situation...but they'd be foolish, knowing that the VA has determined in advance to abandon them.

VA's proposed language to address C-123 servicemembers but withdrew it under severe criticism. OGC said they would reconsider the entire situation. The proposed legislation would, if enacted, protect C-123 Agent Orange victims by making them veterans by statute, but not resolve the conundrum DOD faces with Reserve Component volunteers left unprotected in all other situations. Like ebola.

* While VA Office of General Counsel binding opinions and BVA decisions clearly say otherwise, OGC maintains under 38 U.S.C. § 101 (24) that Agent Orange-ill C-123 aircrews and maintainers were exposed in a proper duty status but weren't "injured" at the same time as the exposure. Statutes explain that Reserve Component members who are injured on Reserve duty earn "veteran" status thereby and thus are protected by appropriate veterans benefits. Yale School of Law produced very relevant point papers disagreeing with OGC, a position joined by all veterans service organizations, and members of the House and Senate.

C-123 Veterans Still REFUSED Agent Orange Registry Exams!

Last week two C-123 veterans notified me that they'd arranged Agent Orange Registry exams, and one said he was refused. Today I phoned eighteen VA medical centers to speak with their Environmental Health Coordinators to see what responses they'd offer to inquiries about C-123 AO exposures. (Note: one of the two Agent Orange exams mentioned above was cancelled this morning when West Roxbury VA telephoned the veteran to cancel her appointment, saying "official word had to come down before such exams were authorized.")

For years, Post-Deployment Health explained that C-123 veterans are not eligible for the Agent Orange Registry exam because they already determined we were never exposed. I've double-checked this personally but that was a year or more ago. After last week's meeting at the Senate Russell Building and with VA officials at 1800 G Street, I'd hoped more accurate information would be offered our veterans asking about the Registry exam.

Results: In five cases I left messages as their phones were unanswered, and two returned my calls.In ALL but one call where I was able to speak directly with the Environmental Health Coordinator, I was told that Reservists without Vietnam, Korea or Thailand service are ineligible for any Registry exam as well as ineligible for any other VA medical care. I spoke with Vermont, New York, Colorado, Florida, Arkansas, North Carolina, Arizona and other states.

The reason cited (in all but one case) was that the Agent Orange Registry is for active duty veterans only, not Reservists who only served in CONUS or Europe.

One coordinator asked a few questions and I explained I had cancer which had spread rapidly before my recent surgery. She still said I wasn't eligible for any care at all without service in Vietnam, Korea or Thailand. While I am already 100% service connected for other issues, she didn't ask any qualifying questions but wished me well. I didn't offer but only two coordinators asked for my social security number which would have led to their offering specific advice as to VA care for which I'm eligible.

The first return call was from Little Rock. He asked if I'd served in Vietnam, Korea or Thailand, and I mentioned post-Vietnam C-123. He then said as of 15 March VA is waiting for Congress to act and until then I'm not eligible for the exam. No other questions although I volunteered I had cancer surgery. He wished me well as he hung up. A Georgia VA facility said he'd have to wait until the Institute of Medicine report was acted upon by VA to permit me to have an Agent Orange Registry exam. Like the others, he asked no questions and made no suggestions regarding care.

One coordinator explained that the Registry exam played no role and said I could submit a claim without it. Two said they'd check further and get back to me.

Only the Asheville (NC) VAMC offered what I understand to be the correct answer: C-123 vets who believe themselves exposed can request the Agent Orange Registry exam. Priscilla offered to read or mail to me the VA web pages, and also told me how to find them myself. She asked for my last four which would have led her to my overall eligibility. She clearly wanted to be sure I was properly informed. Overall, whatever the official VA view is on Agent Orange Registry exams, clearly our C-123 veterans will not succeed in getting the exam.

Conclusion: C-123 veterans will most likely be refused the VA's Agent Orange Registry exam, even if the VA environmental health coordinator is told the veteran has an AO-recognized illness. There seems to be no recent guidance by VHA and Post Deployment Health's earlier order refusing the tests is still in effect.

More Inquiries About the Agent Orange Registry Exam for C-123 Vets – NOT ELIGIBLE!

We're NOT eligible! I keep getting inquiries, which I'm glad to answer but the answer hasn't changed about us taking, or being permitted to take, the VA Agent Orange Registry exam. An earlier decision by a Secretary of Veterans Affairs to permit any veteran who claims to have been exposed has been overturned by VHA Public Health, Post Deployment Health. Their policy is that we are not permitted the exam. Please don't be misled by VA internet pages because VHA has made it clear and in writing (below.)

Several Agent Orange Registry sites have written us that any veteran may be examined, but they are apparently not aware of the reversal of the Secretary's policy by VHA Post-Deployment Health.

Last year several C-123 vets were refused by various VA medical centers, and I inquired of VA's Deputy Chief Consultant in Post-Deployment Health. She explained why we're now ineligible in an email to us:

Walters, Terry
5/6/13
to me
Mr. Carter:
The information Mr. XXXX received is correct. The registry exam is essentially a physical exam and is not part of the disability exam.  The Agent Orange registry is available for the following Veterans.

  Vietnam
Veterans who served in Vietnam between 1962 and 1975, regardless of length of time.
Veterans who served aboard smaller river patrol and swift boats that operated on the inland waterways of Vietnam (also known as “Brown Water Veterans”)
   Korea
Veterans who served in a unit in or near the Korean Demilitarized Zone (DMZ) anytime between April 1, 1968 and August 31, 1971.
   Thailand
U.S. Air Force Veterans who served on Royal Thai Air Force (RTAF) bases near U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter anytime between February 28, 1961 and May 7, 1975.
U.S. Army Veterans who provided perimeter security on RTAF bases in Thailand anytime between February 28, 1961 and May 7, 1975.
U.S. Army Veterans who were stationed on some small Army installations in Thailand anytime between February 28, 1961 and May 7, 1975. However, the Amy Veteran must have been a member of a military police (MP) unit or was assigned a military occupational specialty whose duty placed him or her at or near the base perimeter.
   Other potential Agent Orange exposures
Veterans who may have been exposed to herbicides during a military operation or as a result of testing, transporting, or spraying herbicides for military purposes. Learn about herbicide tests and storage outside Vietnam. Agent Orange or Dioxin dried on surfaces does not present a significant threat to human health. Veterans are eligible if they were in the presence of liquid Agent Orange such as when Agent Orange was sprayed, tested or transported.

Terry Walters MD MPH
Deputy Chief Consultant Post-Deployment Health
Office of Public Health
Veteran Health Administration

C-123 Veterans Excluded from Agent Orange Registry Exam effective 5 May 2013

This morning, VA's Deputy Director Post-Deployment Health, part of the VA's Office of Public Health, corrected our understanding regarding the Agent Orange Registry exam. C-123 veterans, unless otherwise qualified through Vietnam service, are not eligible for this screening examination.

Originally, the current  Jun 2 2012 Internet page specified eligibility for any veteran believing him/herself to have been exposed.  Recent interpretations of that page have added language denying coverage for dried Agent Orange and specifying only liquid Agent Orange, thus restricting us from eligibility. The new version reads:

"Other potential Agent Orange exposures

• Veterans who may have been exposed to herbicides during a military operation or as a result of testing, transporting, or spraying herbicides for military purposes. Learn about herbicide tests and storage outside Vietnam. Agent Orange or Dioxin dried on surfaces does not present a significant threat to human health. Veterans are eligible if they were in the presence of liquid Agent Orange such as when Agent Orange was sprayed, tested or transported."

The language of the Internet page which now provides for us to be included will probably be updated to exclude us at some point to address this confusion. I don't know what the impact will be on any Agent Orange claims but the Registry exam was never a part of the disability application process so there should be none.

Thanks to the VA's Post-Deployment Health for detailing these important changes for us. 

Agent Orange Exam IMPORTANT! //Jan 2015 CORRECTION: C-123 VETS NOW ELIGIBLE

9 Jan 2015 Update: VA now invites C-123 veterans to arrange an Agent Orange Registry exam.

(edited out Agent Orange Registry restriction, now removed)

If you feel that you qualify for Agent Orange exposure through service 

on the C-123(aircrew, aerial port, aeromedical evacuation maintenance),

and for benefits for diseases associated with herbicide exposure for 

the veteran must establish a Direct Service Connection Claim for 

herbicide exposure related diseases.

The Veteran must show on a factual basis that they were exposed to 

herbicides during their service by showing: 

1. Credible evidence proving work on the C-123K
2. Medical diagnosis for disease associated with herbicide exposure.
3. Medical nexus connecting 1 and 2

If you have met these criteria’s, then file a Direct Service Claim with 

your local Regional Office. We need to stress the "military herbicide" 

issue rather than the more specific Agent Orange issue. Turns out the

C-123 was contaminated with a variety of agents and the law more 

broadly specifies "herbicides" - a big "thank you" to Professor Jeanne 

Stellman of Columbia University who, using very small words and lots 

of patient repetition, explained the fine points to me.

Please note:

·       This is not a Direct Claim for Agent Orange, it is for Herbicide only.

   Additional information can be obtained at the following VA link: http://www.publichealth.va.gov/exposures/agentorange/thailand.asp

Below is a directory of VA Environmental Health Coordinators by state and U.S. territory. Veterans may contact their local VA Environmental Health Coordinator about registry evaluations or health concerns related to military exposures to herbicides such as Agent Orange - don't worry about the Thailand and Vietnam-era language as we are presenting our claims on the basis of exposure on the C-123K outside Vietnam...there is a category for us, even though the VA presently denies that we were exposed. Because your claim is based on the date of your filing for benefits, and because the Agent Orange Registry exam might uncover useful medical information, each of us needs to call and get a physical scheduled!

The directory below contains the latest information received from VA health care facilities and is updated as changes occur.

Note:  To send a secure e-mail, use VA's Ask a Question - IRIS"

Names and other info last updated: March 2012

Aircrew Chem Warfare Romance!

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**Dr. Walters' change to the Agent Orange Registry Exam:
Mr. Carter

The information Mr. Legere received is correct. The registry exam is essentially a physical exam and is not part of the disability exam.  The Agent Orange registry is available for the following Veterans. 

Vietnam :
Veterans who served in Vietnam between 1962 and 1975, regardless of length of time.
Veterans who served aboard smaller river patrol and swift boats that operated on the inland waterways of Vietnam (also known as “Brown Water Veterans”)
Korea :
Veterans who served in a unit in or near the Korean Demilitarized Zone (DMZ) anytime between April 1, 1968 and August 31, 1971.
Thailand:
U.S. Air Force Veterans who served on Royal Thai Air Force (RTAF) bases near U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter anytime between February 28, 1961 and May 7, 1975.
U.S. Army Veterans who provided perimeter security on RTAF bases in Thailand anytime between February 28, 1961 and May 7, 1975.
U.S. Army Veterans who were stationed on some small Army installations in Thailand anytime between February 28, 1961 and May 7, 1975. However, the Amy Veteran must have been a member of a military police (MP) unit or was assigned a military occupational specialty whose duty placed him or her at or near the base perimeter.
Other potential Agent Orange exposures:
Veterans who may have been exposed to herbicides during a military operation or as a result of testing, transporting, or spraying herbicides for military purposes. Learn about herbicide tests and storage outside Vietnam. Agent Orange or Dioxin dried on surfaces does not present a significant threat to human health. Veterans are eligible if they were in the presence of liquid Agent Orange such as when Agent Orange was sprayed, tested or transported.

Terry Walters


Terry Walters MD MPH
Deputy Chief Consultant Post-Deployment Health
Office of Public Health
Veteran Health Administration

From: Wes Carter  
Sent: Monday, May 06, 2013 9:42 AM
To: Walters, Terry
Subject: Fwd: C-123 Veterans Challenge VA Publication "Scientific Review of Agent Orange in C-123 Aircraft"

Dear Dr. Walters,
May I ask your assistance? I understood that, regardless of any disagreement concerning our veterans' exposure claims, any veteran believing himself/herself to have been exposed to Agent Orange may request an AO physical if exposure is claimed to have occurred. This gentleman was refused...what is the situation?

Thank you,

   Wes Carter, C-123 Veterans Association