VA Denies Another C-123 Veteran Agent Orange Claim

Honoring its promise made us on February 28, 2013, the director of VA's Compensation Services (C&P) completed denial of my own C-123 Agent Orange service connection claim today. This completes C&P's 25 September 2012 advisory opinion provided the Portland VARO in which he directed opinions from toxicology scientists be disregarded because they weren't physicians.

The same advisory opinion also detailed the VA's one paragraph summary of the official finding of Dr. Tom Sinks, Deputy Director of the CDC/Agency for Toxic Substances and Disease Registry. Deliberately and evasively avoiding mention of Dr. Sinks' actual finding which stated "I believe that aircrew operating in this, and similar, environments were exposed to TCDD," C&P appends a sentence to that summary in a manner implying Sinks meant something altogether different: added was "In summary, there is no conclusive evidence that TCDD exposure causes any adverse health effects" - a conclusion completely opposite Dr. Sinks' finding! VA also conveniently ignored (ignored to better deny the claims!) the ATSDR finding that C-123 veterans now face a 200 times greater cancer risk, thanks to exposure aboard the contaminated airplanes. 

This unscientific and prejudicial editing of another federal agency's finding was discussed in person with C&P's director and his staff on February 28 at his offices, but without comment, modification, retraction, denial or anything...other than his statement that he can't be personally familiar with every piece of VA correspondence over his signature. I understand, but I did bring it to his attention (without response) in November 2012, before it was used to deny my VA claim. While selectively applied to C-123 veterans, thank God VA does not apply that mistake about TCDD to other Agent Orange-exposed veterans.

Agent Orange, and its toxic component TCDD, are generally thought to be somewhat harmful, and considered a human carcinogen and one of the most toxic toxins on the planet. The VA, paying billions in Agent Orange veterans benefits, might consider applying the above paragraph in reconsideration of all those expenses if, indeed, there is no evidence of TCDD being harmful. VA might wish, however, to first run the issue past the Congress, the veterans organizations, the courts, the Institute of Medicine and their own executives. Perhaps...the statement of TCDD being harmless is applicable only in the instance of denying C-123 veterans our claims.

Completely ignored in today's denial of my exposure claim are expert findings in my favor provided by the University of Texas Medical School (Dr. Arnold Schecter), the EPA, the NIH, Dr. Jeanne Stellman, Dr. Fred Bowman (Oregon Health Sciences University Toxicology Department) and other highly esteemed scientists. Ignored completely are the numerous juried scientific articles establishing the TCDD contamination of the C-123, the bioavailability of that TCDD, the routes of exposure as having been dermal, inhalation and ingestion, and dozens of other proofs. Best dealt with by the VA by ignoring them as opposed to acknowledging the fact of the matter...C-123 veterans were indeed exposed to Agent Orange.

VA Exposure Expert

The question of "exposure" is pivotal. The VA utilized its own special in-house extra-legal (even though the issue has already been adjudicated and resolved, and VHA is not free to redefine such things and VBA isn't supposed to approach veterans claims with a VBA predetermination for denial) definition of exposure, being in effect "no C-123 exposure is ever going to be acknowledged." Science, however, more correctly defines exposure as "the contact between a chemical or biological agent and the outer boundary of an organism." Quite simple, and according to the NIH adequate to establish that C-123 veterans were exposed to Agent Orange to the complete satisfaction of the law. 

Typical C-123 Veteran

The law? Forgettaboutit! The Agent Orange Act of 1991 and subsequent modifications, in particular the May 2001 VA promulgation of Title 38 (as detailed in the Federal Register) clearly spell out that VA will treat veterans exposed to Agent Orange outside the Vietnam "Boots on the Ground" group the same as the Vietnam veterans, and without having to establish medical nexus. Thus, given (1) our doctors' proof of Agent Orange-presumptive illnesses, and (2) the Air Force proof of the C-123 Agent Orange contamination, the only way for the VA to shoot down our claims is to (3) deny exposure. Deny, deny, deny.

Today, the VA Compensation Services locked on and fired, just as they promised they would for any C-123 veteran hoping to establish service connection for Agent Orange exposure.

Next step? Board of Veterans Appeals, at least, for any of our members surviving to present their claims after the typical five year waiting period which follows the two years wasted thus far.

VA Releases Newest C-123 Exposure Denials

In their most recent Internet posting, the VA's Public Health Division incorporates the results of the Air Force C-123 Agent Orange Report. In it they construct a false argument that crews weren't exposed when in fact, all scientific opinion is that we were! Three AF conclusions are cited by VA in their post and both the VA and AF have twisted scientific FACTS 180 degrees to deny the truth - aircrews WERE indeed exposed! (see their points below):

1. There indeed wasn't enough information or data to conclude how much any individual was exposed, but that cannot truthfully be used to deny that any of us were actually exposed. The lack of abundant data cannot be used to disprove a hypothesis when there is ample data indicating the certainty of exposure
2. Exposure in these aircraft was certainly more intense during Vietnam, and Ranch Hand aircrews were more greatly exposed, but this point cannot be used to create the false impression that post-Vietnam aircrews weren't also exposed - according to experts and testing data over the years, crews were exposed at a level greatly exceeding exposure by ground forces during the war
3. All evidence points to the fact that aircrews and maintenance personnel were indeed exposed to Agent Orange (TCDD) at an unsafe level, according to the CDC/Agency for Toxic Substances and Disease Registry

Conclusion: VA Public Health is dedicated to preventing C-123 veterans' Agent Orange exposure claims, and to preventing any vet's case-by-case evaluation which may introduce the truth!

Here is the VA Internet post of 20 June which incorporates mistakes from the AF Report:

Some Veterans who were crew members on C-123 Provider aircraft, formerly used to spray Agent Orange during the Vietnam War, have raised health concerns about exposure to residual amounts of herbicides on the plane surfaces.

VA’s Office of Public Health thoroughly reviewed all available scientific information regarding the exposure potential. We concluded that the potential of long-term health effects for the post-Vietnam crews that flew or maintained these planes was extremely low and therefore, the risk of long-term health effects is minimal.

Testing for Agent Orange residue on planes used in Vietnam

The U.S. Air Force (USAF) collected and analyzed numerous samples from C-123 aircraft to test for Agent Orange. USAF's recent risk assessment report (April 27, 2012) (2.3 MB, PDF) found that potential exposures to Agent Orange in C-123 planes used after the Vietnam War were unlikely to have put aircrew or passengers at risk for future health problems. The report’s three conclusions:

1. There was not enough information and data to conclude how much individual persons would have been exposed to Agent Orange.

2.   It is expected that exposure to Agent Orange in these aircraft after the Vietnam War was lower than exposure during the spraying missions in Vietnam.

3.  Potential Agent Orange exposures were unlikely to have exceeded standards set by regulators or to have put people at risk for future health problems.

How Veterans may have been exposed

During the Vietnam War, the U.S. Air Force used C-123 aircraft to spray Agent Orange to clear jungles that provided enemy cover in Vietnam. At the end of the spraying campaign in 1971, the remaining C-123 planes were reassigned to reserve units in the U.S. for routine cargo and medical evacuation missions spanning the next 10 years.

Crew members aboard one of these post-Vietnam C-123 planes reported smelling strong odors, which raised concerns about Agent Orange exposure – but Agent Orange is odorless. These odors may have come from various chemicals associated with aircraft.

Health effects of Agent Orange residue

The health effects of exposure to Agent Orange residue on airplanes differ from direct contact with liquid Agent Orange. In liquid or spray form, Agent Orange can enter the body through inhalation or ingestion (such as hand-to-mouth contact or getting into food). But in the dry form – for example, adhered to a surface – Agent Orange residue cannot be inhaled or absorbed through the skin, and would be difficult to ingest.

The potential for health effects depends on the amount of Agent Orange present, as well as its ability to enter the body. After reviewing available scientific reports, VA has concluded that the exposure potential in these planes was extremely low and therefore, the risk of long-term health effects is minimal. Even if crew exposure did occur, it is unlikely that sufficient amounts of dried Agent Orange residue could have entered the body to have caused harm.

Research studies on Agent Orange

Research on the health effects of Agent Orange has been extensive and it continues. Diverse populations have been studied, including herbicide sprayers and manufacturers, other Vietnam-era Veterans, and those exposed during industrial accidents. This information helps us to determine what potential health effects may be related to different levels of exposure.

Find out more about research on health effects of Agent Orange.

VA benefits

If you have health concerns about Agent Orange, talk to your health care provider or local VA Environmental Health Coordinator.

Veterans not enrolled in the VA health care system, find out if you qualify for VA health care.

Although the risk of long-term health problems from exposure to Agent Orange residue on post-Vietnam C-123 airplanes is minimal, Veterans who believe they have exposure-related health problems may file a claim for disability compensation. These claims will be decided on a case-by-case basis.

Veterans Day 2011

God Bless our Band of Brothers and Sisters

I remember: 
Chief Warrant Officer 4 Henry Carter
Brigadier General John W. Carter, Sr.
Captain John Carter, Jr.
LtCol Jessie W. Britt
Major Jack Carne
Private (Acting Sergeant) John Carne
Major Audie Murphy
Master Sergeant Bob Boyd
Staff Sergeant Jimmie Ballinger
Master Sergeant Bill Schindler

VA Responds to Concerns re: C-123 & Congressional Briefing

Yesterday, in a highly unusual response to our concerns being voiced to the VA's Congressional Liaison Office, we were invited to have a teleconference with Senator Burr's staff, the VA Agent Orange experts, and the CLO. We've accepted the invitation and await the details. Maybe something can get moving!!!

their email follows:

Mr. Carter:

Thank you again for bringing your concerns to me, and allowing the VA the opportunity to assist.

After speaking with Mr. Carter Moore, our subject-matter expert on environmental hazards, and Mr. Brooks Tucker, Sr. Policy Advisor for National Security and Veterans Affairs to Senator Burr, I believe we are better positioned to assist with your concerns.

The Veterans Health Administration’s (VHA) Office of Public Health was the organizational unit that provided the briefing with Congressional Staff on the subject of environmental hazards. It was not the Office of Congressional and Legislative Affairs.

Pending your agreement, we would like to set-up a time for a phone conversation between you, Mr. Tucker, and Mr. Moore to further discuss the details of your concern. Mr. Moore is very 

knowledgeable on the issue, so I think it would be appropriate to hold the discussion. We are also able to include folks from VHA’s Office of Public Health to ensure that you and your Veteran colleagues receive comprehensive and complete answers to your concerns.

Would this be something you are interested in?

If so, the point-of-contact would be Mr. Carter Moore at (202) 461-xxxx. Please let me know and we will be happy to assist and facilitate this meeting.

Thanks.

V/R,

Adam Anicich

Assistant Director

Congressional Liaison Service

United States Department of Veterans Affairs

From: Wes Carter [mailto:rustysilverwings@gmail.com] 
Sent: Tuesday, October 18, 2011 12:56 PM
To: Anicich, Adam (CLS-Senate); Brooks_Tucker@burr.senate.gov
Cc: f; Arch Battista; Andrew B Lown; a208773; jrowan; 
Subject: Liaison Office Inaccurate Statements to Sen Burr Staff

Dear Mr. Anicich,

Thanks for your return call this morning and the agreement to look into my issue. I maintain that the VA responded to Sen. Burr's staff with inaccurate and misleading information. The "Letter of Congressional Liaison" is the summary of the issue from my perspective. As chair of our C-123K aircrew veterans, I have posted every document we've uncovered concerning the dioxin contamination of our aircraft at http://www.c123kcancer.blogspot.com

I have found no materials concerning our airplanes which fail to show them as contaminated with dioxin remaining from their spray missions in Vietnam.

Best regards (and thank you for your service!)

    Wes Carter, Major, USAF Retired

    Medical Service Corps

    VA 100% Service Connected

New Discovery - 1979 Toxins Test on Patches - ACFT 362

Thanks to Prof. Jeanne Stellman of Columbia University, yesterday a newly-found document dating back to 1979 was released dealing with what seems to be the first known testing of Patches for contamination. As everyone knows, Patches was a stinker to fly...summer or winter, the dang thing smelled terrible! Many crew complaints in the period 1972-1979 and the difficulty getting crews to fly the aircraft up to scheduling expectations led AFMC to conduct an in-place examination for Agent Orange and other possible contamination...mostly, though, to simply STOP THE STINK!


Conducted in March of 1979 and written up in September 1979 by Staff Sergeant William Conway and approved by the commander of the Air Force Occupational and Environmental Health Laboratory, Report 79-59 summarized a request by the 439MAW clinic to investigate "Herbicide Orange and Malathion contamination". It reported the contamination present ("a black, viscous, odorous residue") but in amounts low enough not to be considered possible health hazards...and this was in consideration of 1979 levels of what constituted hazardous mounts. It notes the assignment of Patches to the 731st TAS in November 1972 as well as the airplane's use in Vietnam from 1965 until 1972 with the 12th Special Operations Squadron, spraying Malathion and Agent Orange.


The 1979 report also mentions a 1975 examination of residue taken from the airplane completed while the airplane was in depot maintenance at Dothan, AL.


Here's what is confusing: tests done in 1994 did show Agent Orange contamination. In fact, "heavily contaminated" was the summary of the analysis prepared by the Air Force using testing equipment twenty years more sophisticated!


The answer to this seeming contradiction was provided by Professor Stellman, who noted that the report looked for AGENT ORANGE and not dioxin, its poisonous component. Professor Stellman writes us:

The report does not measure TCDD (dioxin) - only the herbicides themselves, which would be expected to be much more volatile and dissipate much more rapidly than the TCDD - so there is no contradiction.

Thus, the 1994 report which examined Patches for dioxin contamination stands as accurate! Heavily contaminated! And so were the aircrews who flew her 1972-1982. Further, in the years after Vietnam it dawned on the scientists and medical professionals that any level of measurable dioxin was unsafe...if it was detectable in any concentration it was too contaminated for safety of those around it, and there is no question, after the decades of testing between 1994 and the final destruction of the fleet in 2010, that the C-123K/UC-123K aircraft were "extremely contaminated, extremely hazardous, extremely dangerous" (in the words of Air Force tests and federal court records!) Now let's hope the VA will finally "man up" and give us recognition for "boots on the airplane"! 

731st TAS Class Photo

SAF/IG Dismisses Complaint 6/15/2011

Today received notice from Mr Vincent Debono of the SAF/IG office that the complaint I filed on 9 May had been dismissed on 9 June 2011. The letter conveying the information is below. Please compare it to the IG complaint I filed and you'll think they were dealing with two separate subjects...the SAF/IG response doesn't begin to deal with any of the IG complaints!

-------------------------

here is the detail page of my IG complaint. Five allegations are made...do you see any answered?
-------------------------

Note: The complaint was escalated to a DOD/IG complaint effective 18 June 2011.

(from the IG form:)

To the Secretary of Defense Inspector General:

"I submitted an IG complaint to the Secretary of the Air Force on 9 May 2011 and it was rejected 9 June 2011 with the recommendation that the issues I raised be brought to the Department of Veterans Affairs and the AF Historical Office. 

I do not know what rule, law or regulation this may have violated but it isn't the purpose for which the SAF/IG is established.

None of the specifics were addressed in Mr. Debono's response to the complaint. The issues raised were detailed on page 2 of the complaint, and the names of numerous Air Force officers, general officers and enlisted personnel were provided as persons having knowledge of the situation. As best I can determine, none of them were interviewed relative to the allegations. 

I am concerned that the allegations I raised concerned actions by multiple Air Force commands, JAG officers, general officers and the General Services Administration, yet the IG complaint was referred to a base-level IG for resolution.

In addition, while I did not raise the issue of Agent Orange exposure of our aircrews needing to be brought to the attention of the Department of Veterans Affairs for resolution, it would be appropriate for the Secretary of the Army to provide a determination to the DVA that the contaminated aircraft flown by crews between 1972-1982 constitute, together, an Agent Orange exposure site, as multiple Air Force tests clearly indicate. 

Finally, in the response to Mr Debono's email announcing the dismissal of the allegations, I asked if the Secretary of the Air Force's office could at least notify the aircrews involved of the possibility of their exposure to dioxin, an issue obviously of concern to them regarding their health and that of their families. Mr. Debono's response, on behalf of the Secretary of the Air Force, was:


"Maj Carter, 
Unfortunately we do not have the ability to identify or notify the individuals in the categories you mention. "

Vincent G. DeBono, Jr., DAFC

Chief, Case Management Division 

Office of the Secretary of the Air Force

Toxic C-123K Fleet Destroyed!

On 11 May 2011, speaking with folks at AMARG Davis-Monthan, I learned the entire C-123 fleet was destroyed in 2010. Having labeled the remaining aircraft as "extremely hazardous/dangerous", there were special measures taken to address the contamination, then the aircraft were shredded and melted into ingots.
I guess that kills any dreams we may have had about getting called back to fly the suddenly-needed-for-national defense C-123 Provider!  I've filed FOIAs to get what documents there are addressing measures taken regarding the aircraft contamination....more details when stuff starts coming back to me. 
Important: the news release by Hill AFB stated that of the 18 remaining C-123s, 13 were formerly Agent Orange spray aircraft. I hope to get the tail numbers to compare with everyone's flight orders, etc.

  RIP, sweetheart!

Old Sarge, tears in his eyes, puts the tired, war-weary old Provider out of her misery...Old Hoss melted into scrap ingots!

Cheers!

Audie Murphy, the most decorated soldier of World War II (and a Texas National Guardsman) was a great soldier and not-so-great husband. His widow Mrs. Pamala Murphy, passed away last month in California. She dedicated her life to serving veterans, working as patient liaison at the Sepulveda Veterans Hospital full-time until age 87. She gave every veteran the same respect she had for her distinguished husband. (BTW, the first VA hospital I was ever in was Audie Murphy VA Medical Center, San Antonio TX). Audie Murphy was young...so young that after the war he could portray himself in To Hell and Back as a 16-year old kid! His best movie was The Red Badge of Courage...interesting to have a genuine hero like him explore the character's fear and cowardice with such understanding and passion. 


Great input from Ranch Hand veterans, the elder statesmen of Agent Orange issues, who on 20 May offered us a reference about dioxin which is excellent reading. Dioxin comes from lots of sources. 


I have been trying to get various AF leaders to comment on the Narrative and the reports generated by the AF about C-123K contamination. Everyone, including EPA, keeps bouncing inquiries back to the VA. It is a knee-jerk reaction and gets a hot potato off their desk, but I sure wish we could get input one way or the other. 
Several 74th and 731st members have their AO/dioxin paperwork in with the VA, and the New Hampshire  State Department of Veterans Affairs VSO considers it a solid case very likely  (for his particular client) to get approval on the first pass, and virtually certain on appeal. Hard to deny the AF reports about contamination, hard to deny exposure to that contamination when flight orders place a veteran aboard the contaminated aircraft for years, and hard to deny the numerous AO-presumitives...but still the VA will try very, very hard to do just that...deny the claims! 


Potato (and onion) farmer Paul Bailey is traveling this next week but still working on getting health information and flight orders from everyone and building a data base for us. John Harris has been super about digging up other influential folks, ROA leadership, 731st veterans, and paperwork of use to us. One important thing we're looking for now is any VA denials of application for service connection from aircrews on Providers submitted between 1972-1982. 

We need to better understand the approach the VA took on denying applications. General Walker had prostate cancer and applied for service connection but was denied...others have as well and we need to get info. I will be submitted an FOIA to the VA on that today but a response will be a month or more away. 


Please...if you have a VA application which has been denied, please copy me on it after blocking your personal information! If you know the survivors of folks who've died of AO presumptive illnesses (such as MSgt Bob Boyd, General Walker and Lou Paskovitz) please contact them and offer information from our group...they might benefit from our efforts and I need their input if they'd be kind enough to correspond.

Agent Orange & AF Retirement - they are linked: "Instrumentality of War"

From the Air Force Directorate of Personnel Programs

COMBAT-RELATED SPECIAL COMPENSATION

The Combat-Related Special Compensation program was authorized by Congress beginning in 2003. What's the value of this program? The compensation is tax-free and ranges from $108 to $2,500+ depending on the percentages approved for eligible retirees. In a nutshell, the basic program eligibility is: 
1. Having served 20+ years Active Duty - OR - Reservist age 60+ with 20+ creditable years (per 10 USC 12731);
2. Are in a retired status;
3. Are receiving retired pay that is offset by VA disability payments (VA Waiver); and
4. Have at least a 10% VA disability rating.
The next step is to look at the retiree's "combat-related" disabilities. Combat-related disabilities include those incurred (with supporting documentation): 
1. While engaged in hazardous service (e.g. flight, diving, parachute duty);
2. In the performance of duty under conditions simulating war (e.g. exercises, field training);
3. Through an instrumentality of war (e.g. combat vehicles, weapons, Agent Orange); or,
4. As a direct result of armed conflict (e.g. Purple Heart).


Most veteran service organizations haven't listed anything on their web site for CRSC and I'm working to bring this to the attention of their national headquarters' staff. Although we can only process applications for Air Force retirees, my staff is available to provide counseling for any retiree with questions. Our objective, with the assistance of veteran service organizations, is to provide visibility of the program similar to what's out there on Agent Orange. In fact, if a retiree has cancer or diabetes II presumptive to Agent Orange (by the VA), those disabilities fall under the instrumentality of war cause listed above. I am offering several links to documents you may be able to post on your site to benefit your members:


General CRSC Information:http://www.defenselink.mil/prhome/docs/crsc_jan04.pdf
Frequently Asked Questions http://www.military.com/Resources/ResourcesContent/0,13964,38374,00.html
DoD CRSC Program Guidance:http://www.dod.mil/prhome/docs/CRSC_Guidance_104.pdf
Application Form with Directions:
http://www.dior.whs.mil/forms/DD2860t.pdf


We're available to counsel any interested retirees (toll free at 1-800.616.3775 into the AF Personnel Center Contact Center or direct at 210.565.1600) and will expeditiously process all Air Force applications.
Let me know if we can be of further service!

Barry W. Craigen
BARRY W. CRAIGEN
Chief, Combat Related Special Compensation Branch
USAF Physical Disability Division
Directorate of Personnel Programs
Commercial (fax) 210.565.1101

May 14-15: C-123K documents gathered, VA benefits explained

Lots of time on the Internet. How did folks ever put one and one together to make a case about something before the Internet came along? I found one of my father-in-law's concept papers which he wrote while with Rand Corporation...published back in the '60s and still online! 
Anyway, lots of time writing veterans' organizations, with specific appeals to noted military writers and the Air Force Times to try to get some traction on this issue of C-123K contamination. 
No FOIAs in yet, with the first expected June 10 or so. Some very kind advice from very skillful FOIA officers in many instances...our thanks! 
Today I posted the 21MB  complete presentation of our Agent Orange-C-123K argument, suitable for reprinting with a cover, title page, concept, supporting documentation (what we have thus far, absent the FOIA results), and back cover. What we also need is professional guidance...somebody to smack some science into this, taking the various source documents like the site surveys and the flight records, and building a case for certain exposure to Agent Orange. 
We also don't have a word from any of our maintenance guys! John Harris knows some of them, and we need the word put out to those units which were at Rickenbacker and Pittsburgh. 
I'm "fortunate" in having a 100% VA disability rating and Air Force retirement as well, but we all know that most of the folks we flew with aren't that blessed. Lots have their AF retirement and some a VA disability, but more  deserve it. What are the advantages of having BOTH?

Getting the word out!

Late last week and this weekend we've had several former members of the 74AES as well as LtCol John Harris active in contacting veterans' organizations, news outlets, reporters specializing in military issues, newspapers in the Springfield MA and New Hampshire area, as well as a couple law firms. One firm specializes in veterans issues which are before the Board of Veterans Appeals, and one specializes in Agent Orange issues and thus far has been very successful.

Personal: Today I learned my great brother-in-law, Sergeant First Class Willie Chiquina USA Ret, passed away with complications from Alzheimer's. Born and raised on Guam, and stationed there for some years later, Willy and my sister lost their first child while being medevac'd from Berlin to Landstuhl...the child died of neurological issues the parents always thought were associated with Agent Orange. In 1983 I had the honor of doing his last reenlistment before his retirement.