The Big Wait - Claim Decided But WHAT Was Decision?

I'm away from home but noticed on eBenefits my two claims has been decided and notification sent.

So...I won't know the results for quite some time. I expect, however, that all issues have been denied because eBenefits' letter request section hasn't changed in any way...it should have if my percentages had been upgraded as requested.

So, the "Big Brown Envelope" will be waiting for me at home in a few weeks. Once I return I'll finally know, after waiting 27 months, if VA has continued their compassionate response to C-123 veterans's claims as per Paul Bailey's award exactly one month ago, or if they continue to oppose our arguments for service connection.

I am a bit surprised on the claim I filed this year, as I haven't even had C&P exams for several of those claimed disabilities...yet it has also been decided.

Let's hope it is good news, as friends like Dick Matti, Mrs. Bill Schindler, Mrs. Aaron Olmsted and others are waiting with even greater concern than I have!

This weekend's documents search: Some Results!

The Congressional Research Service did a very comprehensive study of the VA and treatment of veterans involved in Agent Orange exposure. Besides detailing various approaches by the different Services, the report clarifies how the VA judges whether a veteran's health problems are service-connected:

 
I located a decision by the Board of Correction of Air Force Records denying an officer retirement based on crew duties on C-123k aircraft. While the fact of his disability was not at question, the officer's request to have that disability amended to the "instrumentality of war" designation was refused...even though the VA had given him that finding. (bummer!)  
In 2000, the Air Force released a study strengthening the links between Agent Orange and heart disease, diabetes and some other ailments.  
"Presumption of Service-Connection:
Prior to discussing disability compensation for exposure to Agent Orange, it is essential to provide a brief overview of presumptive service-connection. In general, a veteran is entitled to compensation for disabilities incurred during active military service. There are several ways to establish that a disability is service-connected. The application of statutory presumptions is only one way to invoke compensation for a service-connected disability. In the context of VA claims adjudication, a presumption could be seen as a procedure to relieve veterans of the burden to prove that a disability or illness was caused by a specific exposure that occurred during service in the Armed Forces. In other words, the onus is placed on the VA rather than the veteran. Most presumptions are applied to chronic disease or illnesses that manifest after a period of time following service."

The Department of Veterans Affairs awarded service-connection to a veteran exposed to Agent Orange during his service at Anderson AFB, Guam. This is interesting because it is one of the few cases where non-Vietnam veterans won disability claims. The logic of the VA was that Agent Orange was stored at the base, was used for local weed control, and the veteran had disabilities associated with Agent Orange. Their language in the finding was:

"The veteran did not serve in Vietnam; therefore, he is not entitled to a presumption of service connection for his diabetes mellitus under the aforementioned law and regulations governing claims for service connection for disabilities resulting from herbicide exposure.  As previously indicated, however, the veteran may be entitled to service connection for this disease on a direct basis if the evidence establishes that his diabetes mellitus is related to the herbicide exposure."

Well, that's us, folks! The C-123K fleet was certainly contaminated when we flew the bird between 1973-1980, and we drank, ate, breathed, touched that poison every minute we were aboard. The Air Force decision to seal (and later, destroy) the surplus 123 fleet at Davis-Monthan was because tests confirmed their contamination.