American Legion – Nine Years of Supporting C-123 Veterans

The American Legion got the ball rolling for C-123 veterans and our Agent Orange concerns. In 2012 Dr. Jeanie Stellman and I visited the Legion's DC offices for a meeting with their national leadership. We briefed them on Stellman's research and Air Force materials that established our Agent Orange exposures, and asked the Legion to get behind us with the power of their nearly one million members.

They said yes, and for us to return the next day with a draft resolution to be voted on at their next national convention. Stellman and I wrote it that night, the Legion executives accepted it, and our resolution was eventually approved as Resolution 128 at the 2012 national convention.

The Legion also led in January 2015 after the Institute of Medicine determined we'd been exposed to Agent Orange aboard our aircraft. Along with the rest of the "Big Six" veterans organizations they insisted that VA Secretary Bob McDonald act on the IOM findings, which he finally did on June 19 2015. 2100 C-123 aircrews and maintainers, and their survivors, got VA Agent Orange benefits that day, with much thanks due the American Legion.

Over the next few years, a number of articles about C-123 veterans appeared in Legion publications. I've gathered them along with Resolution 128 for your review.

In May I asked our local post to initiate a Colorado resolution supporting Gold Star Wives property tax exemption, and it was approved by the entire state organization on June 28. Lesson for me: resolutions are the Legion's slow but steady march towards better veterans benefits.

And again...thanks Legion!

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.

VA Just Revised Publication "C-123 AIRCRAFT AGENT ORANGE EXPOSURE CLAIMS – AIR FORCE SPECIALITY CODES AND UNITS."

Reference:
 "C-123 AIRCRAFT AGENT ORANGE  EXPOSURE CLAIMS – AIR FORCE
SPECIALITY CODES AND UNITS."
VA corrected the dates for Westover's C-123 years, but more importantly 

has broadened the range of acceptable evidence they'll accept for all Reserve

C-123 units, and perhaps geographically separated units as well.

Our expectation, having pointed out the previous discrepancies to VA, is that our old

AFSCs will be acceptable rather than the contemporary ones VA mistakenly 

printed. Further, we identified several units not listed on their publication, and the

language on the fourth page of this publication has been very broadly expanded.

VA commits to accepting "any relevant evidence showing the required regular and

repeated contact." While not yet naming units that had C-123 duty, VA here agrees

that they'll accept most sources of official proof to support disability claims for AFSCs
and, hopefully units not yet specified.
=================================================================

US Air Force Specialty Codes (AFSCs) 1969-1986 

This is a listing of AFSCs that potentially identify former USAF Reservists and active duty personnel with regular and repeated contact as flight, medical, or ground maintenance personnel associated with post-Vietnam Operation Ranch Hand C-123 aircraft. Code numbers during the operational time frame generally consisted of four digits (with additional number/letter suffix) and many were officially changed during the time frame of operations. As a result, VA will accept any relevant evidence showing the required regular and repeated contact.

VA Fails Another C-123 Veteran's Claim

Veteran's VA Experience

Not again!

But yes, VA has screwed yet another C-123 claim beyond all recognition. In this case, an aeromedical evacuation technician from Pittsburgh's 33rd AES died while his claim was in process, so his widow continued the application.

It took quite a bit of detective work, but enough documentation was uncovered to establish the veteran's AFSC, his unit, and flying status with the 33rd during the years the C-123 was in service at Pittsburgh. I had the opportunity to provide a supporting statement, the VA Form 41-2138 to explain enough of the facts that the claim should have succeeded.

But that was not to be. For some reason, the regional claims office disregarded all the veteran's supporting documentation and also disregarded my own input, calling it "unqualified lay input."

We were lucky in this case to get support from the National Veterans Legal Services Project, and they rebuilt the claim for submission to the Board of Veterans Appeals. Once again, VA pretended everything in the claim was inadequate to satisfy their critical eye. BVA denied the widow's claim on two reasons. The judge wrote that the veteran was assigned to the 33rd AES, but VA forms explaining the C-123 program only specified the 911th AES.

Somehow, it got past these "experts" that the 33rd is the same as the 911th! Some years after the C-123 era, the squadron's name was updated to the 911th.

The other thing that got past the "experts" was the veteran's AFSC of 90210 and 90250. VA's various C-123 publications failed to list enlisted aeromedical evacuation technicians' AFSCs, and had only flight nurses listed. Ordinarily this isn't a problem because all C-123 claims are supposed to be processed by the VA St. Paul office where experts can drill down to the real facts.

Unfortunately, this claim drifted to some other regional office and there, was denied, and then prepared for resubmission the the Board of Veterans Appeals. The BVA also denied, and we found about it by reading the monthly BVA decision summaries.

The BVA errors were obvious and fatal to the claim. It was wrongly denied, for the two reasons named above. The last few days we've tried to alert every contact we know at VA to see if reason can prevail, to get the claim reconsidered without having to await the next higher level of appeal, the US Court of Appeals for Veterans Claims.

Will it work? There's a chance, and we've succeeded before when VA's mistakes were so glaring. NVLSP has continued their involvement and won't let this go unchallenged. We sure could use help from Pennsylvania's legislators to pressure VA to reconsider the denied claim and to update the publications that caused these problems.

Stay tuned!

Attn: C-123 vets with Agent Orange claims before June 18, 2015

Read the old VVA press release below! In early 2015 the President of the Vietnam Veterans of America, John Rowan, insisted VA treat C-123 aircrews and maintainers as VETERANS with full Agent Orange disability benefits. But the best VA would do is cover claims from June 18 2015 forward, not back to date filed. A partial but welcome victory.

Now we finally have two possible approaches to fix that and recover what is due. That's why I've been trying to get the name, telephone and SSAN of everyone who filed claims for Agent Orange illnesses prior to June 2015. VVA is helping by putting the word out on their web site. WE NEED YOUR HELP TO HELP YOU: CONTACT WES CARTER IF YOU'RE ONE OF THESE VETS, and get the word to our crewmates to do the same. A major law firm is providing pro bono help to us.

The lawyers are doing this for free, just as they did the C-123 claim settled on October 12 that awarded our comrade over four years of his 100% disability the VA owed...you can do the math!! (P.S.: $2,950 x 48 = $141,000.)

Spread the word, please. All I need is the name, year the first claim was filed, email and phone, and Social Security or VA claim number.

YOU CAN DO THIS – it wraps up six years of my hard work on your behalf and I want to do something else with my life!

Good week in DC for C-123 Veterans (February 16-21)

On Friday February 16  I met with Oregon Senator Merkley's senior staffer and attorney Adrian Snead and Mr Brooks Tucker from VA's Office of Congressional Liaison. Both men have worked to help C-123 veterans for nearly six years. I updated them on our retroactivity efforts.  A good work day for C-123 veterans' issues.

Tuesday morning I met with Pennsylvania Sen. Casey's staff about our 911th veterans. I asked that the senator help get the word out to the veterans community about our benefits by using his website and also his newsletter. They like that idea and also suggested we approach the state veterans affairs organization for their help.

The other issue discussed was the retroactivity due from our exposure claims because VA unjustly limits their look-back to June 2015. I went over what we see as the VA deceptions that prevented any claim succeeding between 2011 and 2015.

At noon I met with Mr. Brooks Tucker, senior advisor from the VA Office of Legislative Liaison and Mr. Scott Blackburn, executive director of MyVA.

MyVA is the VA effort to consolidate the veteran experience, redirect the agency to focus on veterans' needs rather than the departments', and instill ethical values dear to the organization. He generously gave me over an hour to discuss the VA track record and obstacles placed before us. My goal was to gain his understanding of our retroactivity argument and also our disappointment with VA ethics.

We were joined at lunch by Rick Wideman, legislative affairs director for the Vietnam Veterans of America. And VA paid!

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.

Some Checks Just Showed Up! Thanks!

Thank you! We've had support the last several days to help with the expenses of our work in our association. Checks have come in from folks I've never met but who are our comrades in Idaho, Georgia, Massachusetts, Florida, Ohio and elsewhere. The widow of one of our maintainers sent in $10: that might not sound much but it is a lot too many of us and it covers a full day using the metro in Washington when I'm working there. Earlier, checks came in from a DAV post and a Vietnam Veterans of America chapter. Altogether that covers my week working in DC earlier this month.

Shoulders at the wheel now include flight nurses, pilots, navs, loads and maintainers... and a couple MSC officers. All of is appreciated! I understand John Harris (aka "Big John") wrote a few emails – many thanks, John.

More checks are welcome..if you care to help. There are at least two trips remaining to DC to work on our retroactivity issue and to help VA address ethical failures that we've pointed out and (amazing!) that they're willing to discuss. If all goes well, we will have even more trips as we pursue issues about our claims up to the US Court of Appeals for Veterans Claims.

Address: 1233 Town Center Drive, Fort Collins CO 80524

I promise I will spend every dime carefully, and I also promise I will spend more than is sent because there is so much we can do!

Needed: someone else to lead The C-123 Veterans Association

Friends, at this point I've become a reluctant conscript. It is been six long years at a time in my life when I'd rather have done other things but this work needed to come first. Six years, however, is plenty long enough.

Isn't there someone who could find the time to take on these modest duties? Most of the legwork and the foundation building has been done so we are left with ongoing chores of helping one another and the remaining objective of retroactive compensation. That I will continue working on thru this year if agreeable but I'm glad to pass it to others as they'd like.

Ideally, one of our C-123 veteran brothers or sisters would like to help run things but I'm certainly open to any veteran of any era who would like to serve our folks and others in the veteran community. How about you folks from Pittsburgh or Richenbacher taking a turn at the helm (sorry, stick?) Flight nurses, maintainers, navs, loads, life support??

the last bag drag

You might've noticed that we're very informal, lacking secret handshakes, membership cards, dues or anything else hinting of organization. This is strictly a volunteer opportunity where you pretty much do what you want to be as useful and helpful as possible, but only as your own time, talents and interests (and budget) permit.

I can't begin to describe the immense satisfaction in what we've done together but it is my hope within six months to celebrate by passing along the chairmanship of our association. If you can help us by leading us for however long you feel possible, please step forward!

Finally, I have some medical issues and this is becoming painfully burdensome to carry on much longer.

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.

VA Now Pushing C-123 Veterans' Agent Orange Benefits!

It is absolutely wonderful to see 54 months' hard work on C-123 Agent Orange claims now appear on VA's own benefits web pages!! 

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 Veterans' Agent Orange – Mission Complete

We're done here!

• In April 2011, C-123 veterans from Westover AFB began pursuit of Agent Orange exposure disability benefits from the Department of Veterans Affairs for toxic injuries resulting from duty aboard the former Operation Ranch Hand spray aircraft between 1972-1986.

• In January 2012 the CDC informed VA that C-123 post-Vietnam veterans had been exposed to harmful levels of Agent Orange, and that the planes were so contaminated aircrews should have been flying in full HAZMAT protection.

• In March 2013 the DOD Joint Services Records Research Center confirmed C-123 veterans' Agent Orange exposures to VA's Agent Orange desk in Veterans Benefits Administration, which opted to disregard the input despite VAM21-1MR and the Veterans Claims Assistance Act.

• In August 2013, VA approved via DRO the only C-123 veteran's claim to ever be approved without resort to the Board of Veterans Appeals (LtCol Paul Bailey.) Every C-123 claim before and since has been denied, all with VA insisting it considered each "on a case-by-case basis"without mentioning that VA HQ ordered every C-123 claim denied

• In January 2015 the Institute of Medicine, acting under contract from the VA, issued its report to Secretary Bob McDonald confirming the C-123 veterans' exposure and likely toxic injuries.

• In June 2015 the Secretary issued his interim final rule acknowledging the IOM's conclusions, and provided formal veteran status to C-123 veterans with diagnosed Agent Orange-related illnesses, with benefits to date from June 19 2015 forward, but blocking retroactive compensation and other benefits otherwise due claims in process before the interim final rule. The first C-123 veteran's disability claim under this scheme was processed within sixteen days (LtCol Ed Kosakoski.)

• In August 2015 the Secretary of Veterans Affairs announced a compromise of a one-year retroactive disability compensation scheme. This concluded all issues of concern to the C-123 Veterans Association. [NOTE: BIG MISTAKE. A FEW DAYS LATER VA STAFFERS EMAILED US. VA "MEANT TO SAY" NO TO RETROACTIVE PAY.]

Mission Complete. 

• We accomplished most objectives, with failures along the way including four years intolerable delay by VA which we were unable to overcome. 

• We must count as failure the suffering and loss of our veterans these last four years.

• The final failure was the inability to persuade VA to award full retroactive disability compensation due veterans with claims submitted before the interim final rule, settling instead for the compromise of one year retroactivity.

This very difficult effort, led only by Westover's veterans with some financial help from other units' members, served all the men and women who flew C-123s at Westover, Rickenbacker and Pittsburgh as well as scattered Active Duty units and airmen. We did the best we would, we achieved more than experts thought possible, and we won a small measure of success when VA agreed to at least a one year retroactive program.

I believe at this point our only work is to assist fellow C-123 veterans with their claims and to serve the needs of veterans in all situations.

Thank you everyone for your support, especially the encouragements and help covering some of the expenses. As Senator Burr said, "this shouldn't have taken this long or been this hard." If I'd known how bad it was going to be when I first worried about this mess back in 2011, which was when I picked up the phone to call Paul Bailey and see how he was doing, I'd never have gotten started! I wish Paul was still here to see how things resolved for our crewmates.

Today the Dean of the School of Law at Yale said we were "fierce, strategic and unrelenting." We shouldn't have had to be – no veteran should have to self-advocate or waste years of medical retirement struggling to get VA to do its job. Four years ago VA should have called us with some reasonable solution to this horrible problem. They didn't call. Instead they fought us every step of the way. 

Our duty is to make certain no other veteran faces VA alone.

God Bless America.

C-123 Veterans' Comments Needed on VA Proposed C-123 Agent Orange Rule

BUT WE DO!

Please help protest a particular point in the VA's proposed interim final rule dealing with C-123 Agent Orange claims. Veterans, you can do this by contacting your legislators and by submitting comments online at the Federal Register web page. 

Word your protest as you wish or consider the eight points I've listed below to include. 

The C-123 Veterans Association is trying hard to work with the VA on the issue of retroactive awards of our Agent Orange exposure claims. VA's proposed interim final rule addresses everything needed to provide our folks presumptive service connection for Agent Orange illnesses but it only recognizes claims from June 19 2015 forward.

VA states it will not permit retroactive claims, which VA does with other veterans' claims by back-dating compensation to the date the veteran files the claim with VA. In one instance, that has meant $130,000 to a post-Vietnam C-123 Reservist whose claim was decided before the rule VA now proposes. VA proposes that claims it delayed will be denied that retroactive adjustment, and that's wrong!

If the number of veterans VA expects to care for under the new rule generally have the same general original file dates as mine, for example, our veterans could be surrendering as much as $42,000,000 of back pay due us in this unfair process – that $133,000 apiece (four years times VA 100% SC.)

That is plain wrong! Wrong to punish us just because VA fought our claims which were proven valid by the IOM. Wrong to reward VA for denying us all benefits and compensation when their position against us is acknowledged to have been wrong even in the language of the Secretary's new rule.

So we will work hard on making this right. We have our arguments against VA's arbitrary date of June 19 2015 based on: 

1. Conflicts with earlier VA decisions by DRO & BVA that recognized fact-proven claims

2. Treats new claims differently than claims already awarded by VA

3. Forces veterans to surrender earned retroactive compensation without due process, even though these vets have faced years of denial of all VA care and benefits with claims unfairly denied with all facts now recognized in the Secretary's interim final rule. Everything the Secretary acknowledges in the details of the final rule was available to VA in 2011 yet VA failed to honor its duty to consider claims even on what it termed "a case by case" basis, forcing vets to seek care elsewhere or do without altogether. It would have been even a stronger case for acknowledging the claims had VA revealed the March 2013 report from the DOD Joint Services Records Research Center confirming the veterans' exposure, primary evidence VA officials suppressed contrary to VCAA.

4. Ignores VA OGC opinions' as mandatory precedents

5. Inserts a challenge on the issue veteran status not already raised in denied claims awaiting BVA or DRO - those claims were denied for scientific reasons now resolved by IOM but VA's new rule inserts a previously unvoiced challenge that C-123 folks weren't veterans, a point only possible by disregarding the OGC opinions

6. Ignores the March 2013 DOD JSRRC confirmation of the veterans’ exposures over two years earlier that should have forced recognition of the claims per VCAA and VA regulation VAM21-1MR

7. Fails to consider claims in a pro-veteran, non-adversarial, paternalistic and sympathetic manner as per law. VA fought to construct a barrier rather than letting itself remove one.

8. Abuses veterans rights through VA’s demonstrated intransigence in resolving the C-123 question when all evidence was available years earlier; VA uses the new rule to deny C-123 veterans benefits for the years VA stalled recognizing their claims, indeed, even ordering them postponed until the IOM, despite having all the convincing scientific and medical information in-hand all the years veterans claims were denied or delayed

Please go to the Federal Register web page to enter your comments! Today the VA blocked my comments above, so please lend your voice to the struggle.

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!

Some Names Needed: C-123 veterans whose claims have been denied by BVA

We're looking for a few good losers!

Really! We need to know of our C-123 veterans whose Agent Orange exposure claims have been denied at the local regional office, and whose appeals have also been denied by the Board of Veterans Appeals. For this project,  WE NEED ONLY VETS WHOSE CLAIMS ARE BVA-DENIED!

If that's you, or somebody you know, please drop me a line because we need your help so we can help all our vets with current issues.

VA Web Pages Dealing With C-123 Changes

Current VA C-123 web pages...obviously changing as Friday's new rule covering presumptive
eligibility gets circulated and VA staff are trained.

Scientific Review of Agent Orange in C-123 Aircraft - Public Health

www.publichealth.va.gov/​exposures/​agentorange/​locations/​residue-c123-aircraft/​scientific-review.asp

Scientific Review of Agent Orange in C-123 Aircraft Public Health Scientific Review of Agent Orange in C-123 Aircraft VA asked the Institute

Agent Orange Residue on Post-Vietnam War Airplanes - Public Health

www.publichealth.va.gov/​exposures/​agentorange/​locations/​residue-c123-aircraft

in adverse health effects in C-123 crew members. IOM released its report, Post-Vietnam Dioxin Exposure in Agent Orange-Contaminated C-123 Aircraft,

Institute of Medicine Reports on Agent Orange - Public Health

www.publichealth.va.gov/​exposures/​agentorange/​publications/​institute-of-medicine.asp

and herbicide use. Recent reports IOM released Post-Vietnam Dioxin Exposure in Agent Orange-Contaminated C-123 Aircraft on Jan. 9, 2015. VA has

Exposure to Agent Orange by Location - Public Health

www.publichealth.va.gov/​exposures/​agentorange/​locations

in the Vietnam War Possible exposure of crew members to herbicide residue in C-123 planes flown after the Vietnam War

VA expands disability benefits for Air Force personnel exposed to contaminated C-123 aircraft

www.blogs.va.gov...xposed-to-contaminated-c-123-aircraft

C-123 aircraft VA expands disability benefits for Air Force personnel exposed to contaminated C-123 aircraft Media Relations 5 Posted on Thursday,

News Releases - Office of Public and Intergovernmental Affairs

www.va.gov/​opa/​pressrel/​pressrelease.cfm?id=2714

to herbicide exposure on C-123s may call VA s special C-123 Hotline at 1-800-749-8387 (available 8 a.m. 9 p.m. EST) or e-mail VSCC123.VAVBASPL

Fact Sheets - Veterans Benefits Administration

www.benefits.va.gov/​benefits/​factsheets.asp

2015 Top Veterans with Service-Connected Disabilities Automobile and Special Adaptive Equipment Grants Download Posted 02/2015 C-123 Aircraft

Veterans Exposed to Agent Orange - Compensation

www.benefits.va.gov/​compensation/​claims-postservice-agent_orange.asp

were tested and stored outside of Vietnam. Veterans who were crew members on C-123 planes flown after the Vietnam War. Veterans associated with 

The Way We See It - VAntage Point

www.blogs.va.gov/​vantage/​319/​the-way-we-see-it

7 views VA expands disability benefits for Air Force personnel exposed to contaminated C-123 aircraft Posted on Jun 18, 2015 June 18, 2015 5 comments

10 things every Veteran should know about Agent Orange - VAntage Point

www.blogs.va.gov/​vantage/​17744/​10-things-every-veteran-know-agent-orange

countries Agent Orange Residue on Airplanes Used in Vietnam War Possible exposure of crew members to herbicide residue in c-123 planes flown after the war

News Releases - Office of Public and Intergovernmental Affairs

www.va.gov/​opa/​pressrel

VA Expands Disability Benefits for Air Force Personnel Exposed to Contaminated C-123 Aircraft The Department of Veterans Affairs (VA) today