Air Force Times: C-123 Veterans Battle VA on Post-Vietnam Agent Orange Claims

Vets battle VA on post-Vietnam Agent Orange claims

Proof C-123-123 'spray birds' caused illnesses long after war

Posted today, by Gannett's Patricia Kime who has covered this issue with sensitivity and remarkable accuracy for several years. Reporter Kime details the track record of C-123 contamination, destruction, experts' opinions, other federal agency findings, test reports and recent scientific investigations.

She also reports the VA's standard response to any proofs against their predetermined refusal of C-123 claims, quoting VA spokesperson's promise to consider claims on a case-by-case basis, not reported was that gentleman's position, as detailed to W. Carter and M. Wentworth at our meeting with his staff on 28 Feb 2013, that no claims will be approved. 

Or VHA Chief Consultant Post Deployment Health assurances given C-123 veterans that "probably none" of the veterans' exposure claims would ever be approved before our deaths. VHA then comforted us with his assurance "We all die."

Obviously, there is a contradiction between VA uniform denials and VA assurances to the Senate, the veterans and the public that individual C-123 veterans' claims will be carefully evaluated on their merits, on their qualification for meeting the law's requirements and regulations enacted by the VA. And all then denied.

The contradiction is created by VA having both written and perfectly understood unofficial policies that all such claims are to be prevented, the laws apparently being waived in this situation.

So, on a case-by-case basis, all claims are uniformly denied. So much for law, justice, medicine, science, ethics, honesty, honor, and other values and standards we respect...and expected of VA. Just as the VA spokesperson promises, on a case-by-case basis, as each inquiry comes in from the VAROs in accordance with VA21-1MR, each claim then receives one of the boilerplate denial orders.

Why do all the VA spokespersons skip that last part? About all C-123 claims being denied on orders of Post Deployment Health staff?

The Secretary must have authorized various VA units to disregard VA commitments expressed in the Federal Register 31 Aug 2010, freeing the VA in some way from the rule of law (Administrative Procedures Act)

The Secretary must have authorized Post Deployment Health to overturn his earlier order to allow all veterans claiming exposure to receive an Agent Orange Registry exam. 

Although we've written, and the Washington Post carried full details in August just as the Air Force Times did today, the Secretary must not have been informed of the repeated findings by other federal agencies which confirm C-123 veterans' exposure, the staff at Post Deployment Health having a different perspective than the rest of Science, Law and Medicine.

We respect the talent of Dr. Davey's staff, with Post Deployment Health. However, would it not seem that the expertise of the NIH, CDC, EPA, and US Public Health Service might have some influence also?

The veterans' concerns were detailed (as a confidential communication to Dr. B.) to the VA National Center for Ethics in Healthcare, where staff, including its chief, declined to act in any way when we sought advice. This is perhaps because no ethical issues rose to their level of concern, or because the issues were voiced by veterans and not VA professional staff.

We are assured by Assistant General Counsel Hipolit that claims are handled appropriately. After detailing to him our concerns about VA legal shortcuts denying us our rights without due process, he reminded us that any objections can be brought to the Board of Veterans Appeals.

This is where surviving C-123 veterans can have their cases heard on actual legal and scientific merits, contrary to VARO decisions and orders from Compensation and Pension to deny such claims. To many C-123 veterans, the average 900 day wait for a BVA hearing is but fatal advice from Mr. Hipolit...as he knows.

No C-123 claims, other than Paul Bailey's, have ever been allowed by Compensation and Pension. They fulfill the instructions from Post Deployment Health that C-123 exposure claims "just cannot be permitted."

Tucson Publishes Our Letter to Secretary Shinseki

VETERAN VERITAS

Advocacy for our Veterans

Letter To Secretary of Veterans Administration Regarding Agent Orange

By Michael Patrick Brewer         Wednesday, February 29th, 2012

 As is frequently said in my coterie of combat veteran friends, “Agent Orange, the gift that keeps on giving.” Friday, the National President of the Vietnam Veterans of America issued a public letter to the Secretary, endorsing the C-123 veterans' Agent Orange exposure claims and calling for prompt action in the face of convincing scientific proofs.

I will remind the reader, that one of the more elevated functions of blogging is to solicit more truth from a broader base than might be afforded in the dailies. If retired Major Wesley Carter, is on his game, than one could say that this topic is not much different than what the Marines have been dealing with at Camp Lejune with toxic water supplies. Truth is the first, and the last casualty of war.

The Honorable Eric K. Shinseki

Secretary of Veterans Affairs

810 Vermont Avenue NW

Washington, DC 20420

Dear Secretary Shinseki:

I chair our small group of veterans who flew and maintained the Fairchild C-123K “Provider” for ten years following the Vietnam War. These aircraft remained poisoned after spraying Agent Orange during the war, with dioxin intense enough to be labeled by Air Force scientists as “heavily contaminated” and “a danger to public health.” These aircraft should be designated Agent Orange Exposure Sites.

When we asked the Air Force and VA to investigate, we were instead given two press releases explaining that, while the aircraft “may” have been contaminated, there wasn’t enough TCDD left to likely cause long-term health problems for our veterans.

VA’s position was quickly challenged, in particular by Dr. Fred Bernam, director of the Toxicology Department of Oregon Health Sciences University and by Dr. J. Stellman of the School of Public Health at Columbia University. Further, on 26 January 2011, the deputy director of the Agency for Toxic Substances and Disease Registry stated that our veterans were most likely exposed, and over a long time, and at a level about 200 times more likely to cause cancer. He also said our exposure was probably even more intense in the decade we flew, which was as much as 22 years before that first scientific testing. The ATSDR letter was certainly a game changer…how can VA possibly deny the authority of an ATSDR finding?

General, any observer would conclude that the VA’s threshold of probably has been well-met in our case. Our aircrews, maintenance personnel, flight nurses and medics have been exposed to dioxin, our parent service has confirmed this contamination and its danger, and the federal agency responsible for reaching the definitive conclusion about that has voiced their finding quite clearly. Any benefit of the doubt must rest in our favor, but there is little doubt left surrounding this issue.

We must ask that the Department withdraw its statements concerning the lack of TCDD contamination and the unlikelihood of personnel exposure. Outside scientists have called the VA’s preparation of their C-123 position “unscientific.” Some of the authors cited have specifically told VA that their works have no relation to aircrew exposure. Several of the authors cited insist aircrews have been exposed, and yet the inference of the VA reports is that the sum of evidence available speaks against a reasonable possibility of aircrew exposure.

That simply is not so. Yet, these statements discourage veterans from considering Agent Orange claims. The statements discourage VSOs from working on our claims, regardless of our proven legitimate eligibility for claiming TCDD exposure.

Benefit of the doubt is supposed to fall on the veteran’s side. We have exceeded the threshold of any reasonable benefit of the doubt, and indeed quite the opposite – there is very little doubt left about our being exposed.

As we understand it, the Secretary of Veterans Affairs can designate our aircraft (since destroyed by the USAF because of their contamination) as Agent Orange exposure sites. Please do so. If instead, some other action on your part leads to our veterans receiving medical care for their Agent Orange-presumptive illnesses, please bring us relief via that path instead.

As volunteer aircrews we willingly flew these older airplanes and accepted the extra hazards of flight inherent in them. The Army really needed these aircraft and their unique short-field capabilities, as we proved in several REFORGER exercises. Nobody knew about the contamination during the years we flew but certainly everyone knows now! Our duty was to fly, and now the VA’s duty is to address our medical concerns resulting from exposure to dioxin.

We’d be grateful for an opportunity to discuss this with you or a representative, but we’d be better served by your executive action in designating our old airplanes as Agent Orange hotspots so that we can proceed with fair evaluation of our claims.

And our claim, sir, is “Boots on the Airplane.”

Sincerely,

For the C-123 Veterans:

Wesley T. Carter, Major, USAF Retired
   www.c123agentorange.com 

Reports in 2000 Show C-123s "Extremely Hazardous"

Reports reviewed last night show the General Services Administration and the Air Force backed out of a contract to sell five surplus C-123k/UC-123K aircraft to a private buyer for reuse in fire fighting. Papers provided the court dealing with the issue show that the Air Force medical facility at Davis-Mothan required workers entering the surplus aircraft to wear protective coveralls and wear respirators because when they had first entered some of the old planes, the workers felt stinging on their skin and eyes. This requirement meant that the environment was to be considered "extremely hazardous and dangerous", according to the papers filed by the two Federal agencies with a Federal court.


Does this look like your crew the last time you flew a C-123K?