Lieutenant Colonel Paul Bailey Died Monday, October 28 2013

Our dear friend Paul Bailey passed away yesterday in Bath, New Hampshire.

Paul leaves wife Nancy, daughter Laura, two beloved grandchildren, brothers, and countless friends. His life was an example of patriotism, valor, love of family, and dedication to friends.

His illness, prostate cancer caused by Agent Orange exposure, was the basis of great debate with the Department of Veterans Affairs and their stubborn denial of his claim was the subject of national news. So was the eventual approval by the VA of Paul's claim.

Prayers for Lieutenant Colonel Paul Bailey

The next few days, far too few, will be very hard for Paul Bailey and his family, as he concludes his service to God and country. According to wife Nancy, the doctors have recommended no further invasive procedures so as to leave him as comfortable as possible.

Sunday, he was comfortable enough to telephone me and to watch the football games with friends and family, although between his much-needed naps. Al and Gail Harrington, members also of our C-123 group, were there for much of the day and expect to return Monday.

Paul's 37 years of service to the US Army and US Air Force stand as testimony of his valor, patriotism and dedication to friends and family.  An Army "brat," he enlisted and earned his Combat Infantry Badge and Paratrooper wings before his teens were out. Leaving active duty to earn his BA and MA degrees, he later joined the Air Force Reserve and altogether served nearly four decades.

Even in retirement, he served as a supporter of New Hampshire's veterans causes and, in particular, of The C-123 Veterans Association of which he was an officer. There was pride, too, in his service both as an NCO and an officer.

Paul was exposed to Agent Orange aboard our C-123 transports which he flew between 1974-1980. Suffering from prostate cancer, he learned in 2011 the aircraft had remained contaminated but the Air Force toxicology reports were suppressed from 1994 on. Paul's struggle to obtain VA medical care and benefits began, but without VA action. His plight was highlighted in an August 3, 2013 full-page story in the Washington Post, authored by reporter Steve Vogel. On August 7,  Vogel ran the news of Paul's claim for exposure benefits suddenly being approved by the VA.

Please keep Paul, Nancy, daughter Laura and the grandchildren in your prayers.

God bless Paul Bailey, my best friend.

Bailey Wins C-123 Agent Orange VA Claim–2nd Washington Post Article Aug 8, 2013

VA reverses denial of benefits for veteran in Agent Orange-related case

By Steve Vogel, Updated: Wednesday, August 7, 2013

The Department of Veterans Affairs has reversed its denial of Agent Orange-related disability benefits for an Air Force veteran who flew on potentially contaminated C-123 aircraft after the Vietnam War, a decision advocates describe as the first of its kind for veterans seeking compensation for postwar exposure to the toxic defoliant.

Paul Bailey, a retired Air Force lieutenant colonel who is gravely ill with cancer, received notice Monday that he would receive “a total grant of benefits” for cancer associated with his 1970s-era service in the United States aboard the aircraft, which had been used to spray the toxic defoliant during the war.

“The preponderance of the evidence suggests that you were exposed to herbicide onboard

U.S. Air Force C-123K aircrafts,” said the VA decision, dated July 31. “Reasonable doubt in regards to the exposure to certain herbicide, to include Agent Orange, as the result of occupational hazards onboard C-123K aircrafts is resolved in your favor.”Bailey was featured in a recent Washington Post article about a controversy concerning C-123 aircraft, many of which were destroyed in 2010 by the Air Force. Tests in the 1990s showed that some of the planes might still be contaminated with TCDD dioxin, a carcinogen associated with Agent Orange.

Bailey, 67, who suffers from prostate cancer and metastatic cancer of the pelvis and ribs, said the disability compensation will allow his wife to stay in their New Hampshire home after he dies. “The financial and emotional support this provides is just tremendous,” he said in a telephone interview Wednesday. “It takes a huge burden off me.”

The decision is “pivotal, and hopefully a sea change for VA,” said Wes Carter, a retired Air Force major and friend of Bailey’s who heads the C-123 Veterans Association. The organization contends that postwar crews should be eligible for the same disability compensation for Agent Orange exposure provided to military veterans who served in Vietnam during the war.

Several C-123 veterans in recent years have been granted disability benefits after appealing denials to the Board of Veterans’ Appeals, an administrative tribunal. But Bailey’s case marks “the first time an award has been made short of the BVA,” Carter said.

VA said there is no policy against C-123 claims. The department said in a statement that it does not track whether there have been previous claims granted for C-123 crew members but that the ruling in the Bailey case does not establish a precedent.

“Where cases are not clear cut, reasonable doubt is always decided in the claimant’s favor,” the agency said.

Rick Weidman, executive director for policy and government affairs for the Vietnam Veterans of America, called the decision “fantastic news” and added: “That’s the first case we’ve heard of that’s been successful.”

Sen. Richard Burr (N.C.), the ranking Republican on the Veterans’ Affairs Committee, was also pleased with the reversal.

“I hope this is a sign that VA will start to make decisions on these claims based on the weight of information submitted in each case, rather than blanket-denying every claim from C-123 veterans,” he said.

Burr and Sen. Jeff Merkley (D-Ore.) had asked the VA Office of Inspector General to review whether the department is “inappropriately” denying disability compensation to veterans who say they were sickened by postwar contamination. “It appears that [VA] does, in fact, plan to deny any C-123 claims regardless of the evidence submitted in a particular case,” the senators wrote in a June letter requesting the inquiry.

While stationed at Westover Air Force Base in Massachusetts in the 1970s, Bailey often flew the most famous of the C-123s, known as Patches for the holes left by enemy fire. After it was retired to a museum, tests by Air Force toxicologists in 1994 found that Patches was “heavily contaminated” with dioxin.

Bailey’s claim for disability benefits was denied in February by the office in Manchester, N.H., which wrote that “VA regulations do not allow us to concede exposure to herbicides for Veterans who claim they were exposed to herbicides after the Vietnam war while flying in aircraft used to spray these chemicals.”

Bailey appealed the denial decision in April, and this reversal is considered to have been very fast.

In a statement Wednesday addressing the VA reversal, Brad Mayes, director of the Manchester office, said “the issues described in Lt. Col. Bailey’s claim illustrate the difficulty VA faces when evaluating whether a particular veteran’s claim of Agent Orange exposure outside of Vietnam has merit. VA considers these issues on an individual basis, along with any other evidence available.”

Burr said he is “concerned that there are other veterans who did not receive this same level of attention to their claims.”

New Hampshire C-123 Veteran's Claim Denied

On February 28, 2013, celebrating the anniversary of the ending of the first Gulf War, the Manchester (NH) Department of Veterans Affairs denied a Westover C-123 veteran's claim for Agent Orange exposure. The claim was presented by the New Hampshire State Veterans Council.

Key point: the denial reads "Although you submitted numerous amounts of evidence to support your claim, VA regulations do not allow us to concede exposure to herbicides for Veterans who claim they were exposed to herbicides after the Vietnam war while flying in aircraft used to spray these chemicals." Wow...a whole regulation prohibiting justice for C-123 veterans! Guess these RO experts don't bother reading Title 38 too closely. Wonder where we can read this mysterious "regulation?" Actually, the law and CFRs provide that veterans exposed to military herbicides need only evidence their factual exposure to then seek service connection for Agent Orange-presumptive illnesses. As has been demonstrated in the nearby Boston BVA.

This veteran's inclusion of supporting opinions from EPA, NIH, CDC, Columbia University School of Public Health, Oregon Health Sciences University, University of Texas Medical School and other experts only brought the VA's summary "there is no basis in available evidence of record" to dismiss the science which otherwise so clearly proved his case.

Here's the amusing element: "Every attempt was made to verify your exposure to herbicides. However, we were unable to verify your exposure." Right.

Why Are We Getting Screwed on C-123 Agent Orange Benefits?

C-123 Veteran

Why? We were exposed - no question among reputable scientists about that. We were good soldiers - in fact, we were the "go-to guys" for decades, fighting in two or three wars along the way, recognized by our service for outstanding achievement. Why have we been shafted on this Agent Orange exposure issue by the Air Force which we love so much?

Disinterest. We've been dumped. There aren't enough C-123 veterans (only about 1500) to interest the average Senator or Congressman - to motivate them to motivate the Air Force.

Mostly, that's because our own members haven't been vocal enough to bring the message to their elected representatives. And partly, there is little "sizzle" left in the Agent Orange story and the public wearies of the issue. After all, who wants to keep hearing about a problem for four decades?

Unfortunately, we as C-123 veterans do indeed keep hearing about the problem of Agent Orange contamination of the C-123. We hear about it from our doctors! We keep seeing the problem evidenced in painful clarity in beloved friends from our flying days in the Dumpster.

SITREP:

 There are 100 United States Senators. Thus far, we have had interest in our cause expressed by only three (from Connecticut, Oregon and North Carolina.) 

There are 435 United States Congressmen. Thus far, we have had interest in our cause expressed by NONE. Not one. Nada. Not even an answer to the hundreds of letters our association has written asking for Congress to help.









We need C-123 veterans, particularly those in New York, North Carolina, California, Massachusetts, Connecticut, New Hampshire and Washington to contact their representative and loudly, loudly, ask for their help!

Get off your tired, old, worn-out butts and get your Congressmen and Senators involved - PLEASE!

A summary:
1. As for veterans' organizations, I count at least eleven of significant size and importance, yet we have only had assistance from the American Legion and the Vietnam Veterans of America. I have personally approached the leadership of the Disabled American Veterans, the Veterans of Foreign Wars of the United States, the Military Officers Association of America, Paralyzed Veterans of America and Air Force Sergeants Association (I'm a member of all) without even the courtesy of a response! Also...the Fleet Reserve Association of which I'm not a member.

2. We did receive tremendous support from Dr. Linda Schwartz, Director of Veterans Affairs of the State of Connecticut, who at the time was National President of the State Directors of Veterans Affairs! Dr, Schwartz is also a retired Air Force flight nurse who flew C-123s!

3. As for professional associations other than Linda's, we have approached the Air Force Association, the Army Aviation Association, the Marine Corps Aviation Association, the Airline Pilots Association, the Society of Toxicology, and perhaps a dozen others...also without a single response even though our group of veterans belong to most of these groups.

4. Regarding government agencies: none has offered any opinions or support other than the tremendously important opinion rendered by Dr. Sinks of CDC's Agency for Toxic Substances and Disease Registry - Dr. Sinks came out HARD and FIRM in confirming our dioxin exposure aboard the C-123. Every other agency declined involvement or referred us to another agency which they already knew wouldn't get involved, even if their mission statement did touch on concerns such as ours.

5. The Veterans Administration looked into the issue of C-123 contamination and conducted their investigation with the objective given their representatives of preventing all support regarding aircrew dioxin exposure. "How to keep the veterans from becoming qualified for service connection" was their position from start to finish. No effort was made to find an avenue, an "as likely to as not" possibility of our having been exposed, because that would have left us eligible for VA medical care.

6. The Air Force conducted a more formal investigation, done at the School of Aerospace Medicine (USAFSAM). After five months their report generally stated the AF was unable to determine any degree of aircrew Agent Orange exposure. This was because of the years which have passed since the last spray missions, the years the aircraft were stored in harsh conditions and the methods used when first tests were performed. Somehow, unable to make a determination, they therefore concluded aircrews most likely were NOT exposed. Is that  twist of logic or what? Further, the AF report was cited by the VA as their reason for canceling a promised investigation by the Institute of Medicine's Agent Orange Subcommittee. We've already been told (most privately) by previous members that the IOM would have a hard time NOT finding our aircrews, maintenance and aerial port to have been exposed!

7. We have had good support from the media. The Gannett chain, CBS, PBS, Mr. Bill Kurtis, New England Public Radio, the Springfield Republican, the Hartford Courant, Air Force & Army Times have covered our issue with both accuracy and compassion. Various Internet resources have also given us their backing.