The Republican again published an editorial demanding action on C-123 veterans' Agent Orange claims. Among these vets, of course, are aircrews, aeromedical folks, maintenance and aerial port....those with hands-on with the C-123s any time between 1972-1982.
We're grateful to the Republic for noting our plight and covering it with accuracy and compassion.
The press has done its job.
May we hope for similar concern and effective action from Massachusetts legislators on behalf of the C-123 veterans, most of whom live in the Commonwealth? Perhaps...something a bit more forceful than a simple letter sent to the VA so long ago? Perhaps a phone call to VHA to explain firmly that veterans need and deserve their care and benefits now, not months from now.
Current VA regulations already cover these veterans. All that's happened is science has informed the VA that C-123 veterans were exposed to Agent Orange, and VA's regulations describe the proper course of action and no new legislation, regulation or Federal Register comment are necessary.
Showing posts with label richard neal. Show all posts
Showing posts with label richard neal. Show all posts
03 February 2015
24 January 2015
Veterans Affairs: A "HAMPSTER WHEEL" DISABILITY APPEALS PROCESS"
Veterans advocates: Stop the VA 'hamster wheel' disability appeals process
The effort to clear a massive backlog of veteran disability claims is hurting efforts to address a similar backlog in appeals of denied claims, say advocates demanding reforms to an onerous “hamster wheel” system that leaves veterans languishing for years.
A congressional subcommittee hearing Thursday focused on the appeals process, noting that the Department of Veterans Affairs has about 350,000 pending appeals of denied service-connected disability claims.
“I am aware that the [VA] chose to prioritize certain initial claims in recent years, but I must say that when veterans in my district share that they waited six, eight, 10 years to resolve a meritorious appeal of a service-connected disability claim, I just find that alarming and unacceptable,” Rep. Ralph Abraham, R-La., said.
Veterans wait an average 3½ years to get an initial decision and often years longer for the VA to finalize that decision. There are almost 510,000 original disability claims pending, with more than 240,000 deemed “backlogged” — meaning the veteran has been awaiting a decision for at least 125 days.
02 August 2014
Support Grows for Westover's C-123 Veterans' Agent Orange Claims
deforge@repub.com By Jeanette DeForge | jdeforge@repub.com
Follow on Twitter Springfield Republican, 1 August 2014
CHICOPEE — Support for Westover Air Reserve Base veterans who believed they were exposed to Agent Orange while flying contaminated C-123 Provider planes is expanding, but the scandal at the U.S. Department of Veterans Affairs may complicate their efforts to receive benefits.
U.S. Rep. Richard E. Neal, D-Springfield, has joined several other members of Congress across the country in urging the Department of Veterans Affairs to reverse its decision and grant benefits to the veterans, some of whom still live in Western Massachusetts.
Veterans who served on C-123 Providers at Westover between 1972 and 1982 learned about three years ago the planes had previously been used in Vietnam to spray Agent Orange over the countryside.
When one after another started falling ill with some of the more than 20 diseases known to be caused by Agent Orange exposure including diabetes, prostate cancer, heart disease and neuropathy, retired Maj. Wesley T. Carter, now of Colorado, started researching government documents and found the planes, which have since been shredded and smelted because they were considered hazardous, were contaminated.
Some of the most compelling documents revealed 11 of the 16 planes from Westover tested positive for dioxin when they were examined from 1994 and 1996 – more than a decade after they were retired. One Westover C-123 was labeled “highly-contaminated.”
Since then the veterans have been fighting for benefits that would give them access to free health care and disability payments through the Department of Veterans Affairs, if they fall ill from one of the Agent Orange diseases. The benefits would be similar to those of Vietnam veterans, who are eligible if they spend as little as a day in Vietnam.
The Veterans Affairs scandal, which unveiled alleged manipulation of medical records to hide long wait times for patients, is resulting in additional press coverage and other attention of the plight of the C-123 veterans.
But Carter said he also believes it will take longer to settle their case since it has caused disruption and personnel changes within the agency.
“It will require time to settle out. As for C-123 veterans, it means we're dealing with many new VA faces, but apparently the same VA intransigence,” Carter said. “Our need remains: Let our veterans into VA hospitals for care of their Agent Orange illnesses.”
Carter said he is hoping the increasing support may eventually help the cause of the C-123 veterans, but at the same time is seeing little interest on the VA’s part to change their opinions.
In the letter to Sloan, the executive directors called the continued use of the consulting firm “reprehensible.”
“As you move forward in your efforts to reestablish the trust of veterans in the VA (including the strong united support of the nation’s veterans service organizations), we caution that employing that particular consulting firm will be seen as an inappropriate, anti-veteran choice,” the letter said.
Most recently Young testified on behalf of the Department of Veterans Affairs in a public hearing of the National Academies of Sciences Institute of Medicine Committee on the exposure of the C-123 veterans to Agent Orange and again said there is no proof that any contamination from the planes directly caused the veterans’ cancer and heart disease, according to the letter.
Around the same time, Neal also joined in to show his support for the C-123 veterans. He follows several other congressmen including Sen. Richard Burr, R-N.C., the ranking member of the Veterans’ Affairs Committee, and Sen. Jeff Merkley, D.-Ore., who have been pushing for benefits for the C-123 veterans.
“Taking into account…the high levels of illnesses known to be linked to Agent Orange occurring in these Westover veterans, I believe these men and women are entitled to the same benefits granted to those who served on the ground in Vietnam,” Neal wrote.
The letter came after a staff member with local lawyer Archer Battista, of Belchertown, who is a C-123 veteran who is fighting cancer. Battista, like many of the veterans, already has benefits because he served in the Vietnam War but is fighting to help others who do not.
Follow on Twitter Springfield Republican, 1 August 2014
CHICOPEE — Support for Westover Air Reserve Base veterans who believed they were exposed to Agent Orange while flying contaminated C-123 Provider planes is expanding, but the scandal at the U.S. Department of Veterans Affairs may complicate their efforts to receive benefits.
U.S. Rep. Richard E. Neal, D-Springfield, has joined several other members of Congress across the country in urging the Department of Veterans Affairs to reverse its decision and grant benefits to the veterans, some of whom still live in Western Massachusetts.
Veterans who served on C-123 Providers at Westover between 1972 and 1982 learned about three years ago the planes had previously been used in Vietnam to spray Agent Orange over the countryside.
When one after another started falling ill with some of the more than 20 diseases known to be caused by Agent Orange exposure including diabetes, prostate cancer, heart disease and neuropathy, retired Maj. Wesley T. Carter, now of Colorado, started researching government documents and found the planes, which have since been shredded and smelted because they were considered hazardous, were contaminated.
Some of the most compelling documents revealed 11 of the 16 planes from Westover tested positive for dioxin when they were examined from 1994 and 1996 – more than a decade after they were retired. One Westover C-123 was labeled “highly-contaminated.”
Since then the veterans have been fighting for benefits that would give them access to free health care and disability payments through the Department of Veterans Affairs, if they fall ill from one of the Agent Orange diseases. The benefits would be similar to those of Vietnam veterans, who are eligible if they spend as little as a day in Vietnam.
The Veterans Affairs scandal, which unveiled alleged manipulation of medical records to hide long wait times for patients, is resulting in additional press coverage and other attention of the plight of the C-123 veterans.
But Carter said he also believes it will take longer to settle their case since it has caused disruption and personnel changes within the agency.
“It will require time to settle out. As for C-123 veterans, it means we're dealing with many new VA faces, but apparently the same VA intransigence,” Carter said. “Our need remains: Let our veterans into VA hospitals for care of their Agent Orange illnesses.”
Carter said he is hoping the increasing support may eventually help the cause of the C-123 veterans, but at the same time is seeing little interest on the VA’s part to change their opinions.
In the letter to Sloan, the executive directors called the continued use of the consulting firm “reprehensible.”
“As you move forward in your efforts to reestablish the trust of veterans in the VA (including the strong united support of the nation’s veterans service organizations), we caution that employing that particular consulting firm will be seen as an inappropriate, anti-veteran choice,” the letter said.
Most recently Young testified on behalf of the Department of Veterans Affairs in a public hearing of the National Academies of Sciences Institute of Medicine Committee on the exposure of the C-123 veterans to Agent Orange and again said there is no proof that any contamination from the planes directly caused the veterans’ cancer and heart disease, according to the letter.
![]() |
| Congressman R. Neal and then-Captain Wes Carter, 1990 |
“Taking into account…the high levels of illnesses known to be linked to Agent Orange occurring in these Westover veterans, I believe these men and women are entitled to the same benefits granted to those who served on the ground in Vietnam,” Neal wrote.
The letter came after a staff member with local lawyer Archer Battista, of Belchertown, who is a C-123 veteran who is fighting cancer. Battista, like many of the veterans, already has benefits because he served in the Vietnam War but is fighting to help others who do not.
18 July 2014
"Leave No Man Behind." Veteran C-123 Pilot Fights VA for Agent Orange Exposure Benefits Due Stateside Crew Mates
BELCHERTOWN — One lesson retired Air Force Col. Archer
Battista says he learned in his six years in Vietnam was never to leave anyone
behind.
This explains why Battista, 68, has since 2010 thrown his energy into an effort to get pilots who flew stateside planes contaminated by Agent Orange qualified for disability services and compensation.
Battista knows about Agent Orange, a defoliant the United States dumped on the Vietnamese countryside during the war. In early 2009, when he was 62, he was diagnosed with prostate cancer, for which he is still being treated. Because he served in Vietnam from 1968 to 1973, he qualified for a variety of benefits won for Vietnam veterans after a long and drawn-out fight with the government. This explains why Battista, 68, has since 2010 thrown his energy into an effort to get pilots who flew stateside planes contaminated by Agent Orange qualified for disability services and compensation.
Battista knows about Agent Orange, a defoliant the United States dumped on the Vietnamese countryside during the war. In early 2009, when he was 62, he was diagnosed with prostate cancer, for which he is still being treated. Because he served in Vietnam from 1968 to 1973, he qualified for a variety of benefits won for Vietnam veterans after a long and drawn-out fight with the government.
In 1991, the government acquiesced and began authorizing disability, medical and survivor benefits for “presumed exposure” to Agent Orange. Veterans who served in Vietnam (as well as the Korean demilitarized zone during the Vietnam era) are presumed to have been exposed to Agent Orange. This qualification means these veterans suffering from illnesses.
A Long Reserve Career
This explains why Battista, 68, has since 2010 thrown his energy into an effort to get pilots who flew stateside planes contaminated by Agent Orange qualified for disability services and compensation.
Battista knows about Agent Orange, a defoliant the United States dumped on the Vietnamese countryside during the war. In early 2009, when he was 62, he was diagnosed with prostate cancer, for which he is still being treated. Because he served in Vietnam from 1968 to 1973, he qualified for a variety of benefits won for Vietnam veterans after a long and drawn-out fight with the government. This explains why Battista, 68, has since 2010 thrown his energy into an effort to get pilots who flew stateside planes contaminated by Agent Orange qualified for disability services and compensation.
Battista knows about Agent Orange, a defoliant the United States dumped on the Vietnamese countryside during the war. In early 2009, when he was 62, he was diagnosed with prostate cancer, for which he is still being treated. Because he served in Vietnam from 1968 to 1973, he qualified for a variety of benefits won for Vietnam veterans after a long and drawn-out fight with the government.
In 1991, the government acquiesced and began authorizing disability, medical and survivor benefits for “presumed exposure” to Agent Orange. Veterans who served in Vietnam (as well as the Korean demilitarized zone during the Vietnam era) are presumed to have been exposed to Agent Orange. This qualification means these veterans suffering from illnesses.
A Long Reserve Career
After his
six years of active duty, Archer Battista logged a 27-year career in the Air
Force Reserves, retiring May 1, 2001. He also has had a long career as a civil
litigation lawyer as a partner with the Holyoke law firm Lyon &
Fitzpatrick. These days, he is listed on the firm’s letterhead as “of counsel,”
which is legalese for semi-retired.
And while Battista may have wanted to devote his retirement years
to some of his many interests (history) and civic pursuits (YMCA boards), his
cancer diagnosis — and then his increasing involvement in the effort to get
this new group of veterans covered for Agent Orange benefits — got in the way.
When he was in Vietnam, Battista flew the Cessna 02A observation
airplane for missions from Danang to Laos.
When he
was back home on duty with the Air Force Reserves, he started flying the C-123
cargo planes on training missions, steadily from 1974 until 1982. Battista
estimates he flew hundreds of these training missions, and he recalls that a
couple times each winter — most notably when the plane’s heater was cranked up
— crews would fall into bouts of uncontrollable vomiting.
He says
he’d get a report in the cockpit from the loadmaster in the back of the plane with
some variation of, “Art, the smell back here is unbearable. We can’t go on with
this mission.” Battista adds: “They'd be saying what we already knew,
because we could smell it, too.” Battista says his immediate response would be
that he couldn't abort a training mission, until he realized
that a training mission in which most of the crew can’t stop throwing up is not
much of a training mission. So, he'd wind up canceling the flight.
The source of the danger was dried Agent Orange residue left after Vietnam,
fouling areas in the wings and below the cargo deck, in nooks and crannies
impossible to reach to clean.
In those days much less was known about Agent Orange and its
noxious elements — but still, Battista says, he and other crew members started
wondering what was wrong with the Spray Birds.
“We knew
they were Spray Birds that flew the Ranch Hand Mission, but they told us that
there was no risk of any kind,” he said.
One of the men who flew the C-123 Provider cargo planes
alongside Battista was Wes Carter, a retired major who now lives in Colorado,
but who flew at Westover from 1974 to 1991. Carter, who founded the C-123
Veterans Association in 2011, did not serve in Vietnam, and is fighting to
receive Agent Orange-related coverage from his many years at Westover. For him,
as for Battista, the fight is deeply personal — but also being waged on behalf
of others.
“We have
our crew mates dying from recognized Agent Orange illnesses,” he said. Carter
has testified before government hearings, filed complaints with the Department
of Defense, fought for data through the Freedom of Information Act and worked
with other veterans groups to agitate for the government to widen the net to
cover more veterans. He is web master for the site C-123 Veterans Agent Orange
Exposure 1972-1982.
For his
part, Battista said when he was first diagnosed with cancer,
he didn't link it to his military service at all.
But when
a former Air Force buddy reminded him that prostate cancer is one of the Agent
Orange presumptive diseases, he sought out and received care from the U.S.
Department of Veterans Affairs Central Western Massachusetts Healthcare System
in Leeds. He says he received excellent care, though subsequently, he moved
elsewhere for continued care. Battista he has no quibbles with the care he has
received. As he puts it, “I don't have any skin in the game.”
But he’s got plenty to say about men he flew with at
Westover Air Base in Chicopee, who he, Carter, and others believe have been
abandoned by the Veterans Affairs department. “It’s appalling. I'm a
pretty mainstream guy. I spent 22 years in the U.S. Air Force. I loved all
of it,” he said. “I just shake my head. I’m thinking what in the hell is the
matter with these people?”
In an
interview at his secluded home at the end of a long driveway off Summit Street
— where an American flag was stationed on the mailbox on the day a Gazette
reporter and photographer visited this month — Battista was overcome with
emotion several times. Neatly dressed in blue jeans, a gray and yellow
“Livestrong” T-shirt and yellow Livestrong rubber bracelet, with white hair and
wire-rimmed glasses, he apologized each time his eyes welled up, saying this was
not like him. It’s a combination of the medicine he takes for his cancer, and
his feelings about the issue.
“Here’s the point. The point is there are all these guys and gals
who spent just as much time in a C-123 as I did, but they didn't happen to go
to Vietnam," he said. "Its abominable. Its inexcusable, and
incomprehensible to me."
Battista has written letters to political leaders, met with a
representative from U.S. Rep. Richard Neal’s office and been involved in
spreading the word about the issue online by supporting Carter’s efforts
through the group he founded. The two first met when they flew together at
Westover.
The appeals to Neal’s office paid off. In a letter to Ronald
Maurer, director of the Congressional Liaison Service dated June 2, Neal wrote:
“According to a Yale Law School study on this
matter, a 1994 Air Force commissioned study of a C-123 plane flown both in
Operation Ranch Hand and after the Vietnam War found it still contained enough
of the carcinogen dioxin to subject a restoration worker repairing the plane to
‘an acceptable level for lifetime exposure.’ The plane as a result was deemed
‘heavily contaminated,’ 12 years after active crews worked on the plane. This
surface presence of dioxin coincides with the National Academy of Science
statement that ‘exposure of humans to TCDD [dioxin] is thought to occur
primarily via the mouth, skin and lungs,’ confirming the exposure of the
crewmen of these planes to dioxin."
“Taking into
account this information and the high levels of illnesses known to be linked to
Agent Orange occurring in these Westover veterans, I believe these men and
women are entitled to the same benefits granted to those who served on the
ground in Vietnam.”
Battista believes with letters like that and other forms of
political pressure, Veterans Affairs will change a policy he says is
wrongheaded and unfair. He takes particular issue with comments from a former
Air Force officer, now consultant to the VA, saying veterans seeking coverage
for exposure while in the United States are "freeloaders."
“This isn't a fight that should be personalized.
We shouldn't be name-calling,” said Battista. “Every time I read
that, it makes me very angry.”
Meantime, he is waiting for the government to change its policy
and do what he believes is the right thing.
“I just can’t believe this is happening,” he says. “They've gotta
flip. They've got to understand they’ve got this wrong.”
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