Another VA Publication Error: Wrong Dates on C-123 Eligibility

Will it ever stop? Another error has been spotted on VA web pages and publications that slams the hopes of C-123 veterans hoping to quality for Agent Orange exposure benefits.

This time the error is with dates: A VA web page titled "Agent Orange exposure" specifies the dates for C-123 exposure eligibility as "On C-123 airplanes: Between January 9, 1962, and May 7, 1975." Their error, of course, was using the dates for general Vietnam War eligibility and not our post-Vietnam C-123 service dates of 1972-1986.

The mistake has been pointed out to them but this morning I repeated myself by filing another VA Inspector General report...the fourth so far asking VA to clean up their publications.

Here's a clip of their error:

https://drive.google.com/file/d/1Rlco4Rptc-7SphAcQst8MB4Q1WMv54wG/view?usp=sharing

BVA Appeal Decisions Reference Wrong AFSC Codes for C-123 Agent Orange Eligibility

Here is one more example of how well-meaning VA folks have let benefits-related publications be used to deny veterans' perfectly valid C-123 Agent Orange exposure claims.

First: Kudos to the VA: I'm very happy that our effort to get exposure benefits for C-123 post-Vietnam veterans has led to seven active duty bases' personnel also considered for entitlement. But that doesn't make up for the harm done our Reserve veterans in the way VA spelled out eligibilities.

Look carefully at the second paragraph below. Notice the AFSC codes....do any of them look familiar to you? Probably not, because the Air Force "modernized" their codes a few years after most of us left service, and our old AFSC is nothing like the current one. Click here for the old Officer AFSC codes. Click here for the old Enlisted AFSC codes.

Example: the old AFSC for aircrew life support specialist was 92250, and the VA is set to deny anyone without the current AFSC they show below, 1220-1229. The example below is from an appeal denied by the Board of Veterans Appeals, meaning even if the veteran or his claims advisor spots the technical failing of AFSC codes, that poor vet is stuck with another years-long wait to appeal, this time to the US Court of Appeals for Veterans Claims. Maybe he'll get lucky there. Disability awards shouldn't have to depend on luck!

So we're given a real disaster is when a regional office or the Board of Veterans Affairs denies one of our claims because we provided on our DD-214, AF Form 623 or other official document the old AFSC.  It conflicts with the VA's publication that honors only the new codes.

I've already written about VA's failure to include the 67th Aeromedical Evacuation Squadron, the 905th CAMS, and the VA not listing anything about enlisted aeromedical evacuation technicians and their 902XX AFSC.

I guess that means another VA IG complaint that they'll either ignore or, at best, pass along to the next unsuspecting associate to also ignore.

VA has published a list of military units who had regular and repeated exposure to contaminated C-123 aircraft.  The affected reserve units and dates of service for affected crew members are as follows: Pittsburgh International Airport, Pennsylvania (1972-1982), Westover Air Force Base and Hanscom Field Air Force Base, Massachusetts (1972-1982), and Lockbourne/Rickenbacker Air Force Base, Ohio (1969-1986). The affected active duty units and dates of service for affected crewmembers are Hurlburt Auxiliary Field, Eglin Air Force Base, Florida (1970-1973), Langley Air Force Base, Virginia (1962-1963, 1970-1973), Luke Air Force Base, Arizona (1970-1973), Tainan Air Field, Taiwan (1969-1970), Howard Air Force Base, Panama (1970-1973), Osan Air Base, South Korea (1970-1973), and Clark Air Force Base, Philippines (1969-1970).
VA has also published a list of specialty codes for military personnel who had regular and repeated exposure to contaminated Operation Ranch Hand (ORH) C-123s, used to spray Agent Orange in Vietnam, as flight, maintenance, or medical crew members. Those codes for enlisted personnel are flight engineer/aircraft loadmaster (1130-1149), aircrew life support specialist (1220-1229), and aircraft maintenance specialist/flight technicians (4314-4359). See https://www.benefits.va.gov/compensation/docs/AO_C123_AFSpecialityCodesUnits.pdf.
In order to warrant a presumption of exposure based on contact with a C-123, a veteran must have had duties at one of the above listed places during the time frame specified, and the veteran must also have had a duty which entailed that he or she regularly and repeatedly operated, maintained or served onboard C-123 aircraft.

C-123 VETERANS ASSOCIATION FILES ANOTHER VA IG COMPLAINT ABOUT VBA PUBLICATIONS AND WEB PAGES

Several months ago we brought several problems to the attention of VA staff regarding their publications. Problems like not listing C-123 units, or enlisted AFSCS, but specifically not properly describing eligible veterans.

Today, because of their inaction, we've filed an IG complaint. Typically the VA IG won't get involved in something like this but just as often, they'll forward the issue to responsible officials to resolve.  L:et's hope for the best here, because we're all tired of C-123 claim being denied by regional offices, or even the Board of Veterans Appeals, by VA citing their own inaccurate literature as justification.

Today's specific complaint deals with "C-123 Airplanes and Agent Orange Residue" published by the Veterans Benefits Administration. VBA has a terribly misleading paragraph towards the end of the document:

Both points in this paragraph are false. The VA's own manual VA M21-1MR as well as 38 CFR § 3.307 (Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides) makes clear that EVERY C-123 veteran who served in a squadron known to have had C-123 aircraft after Vietnam is considered presumptively exposed and need not prove anything except the unit assigned to, and presence of an Agent Orange illness. And there is no "case-by-case' evaluation any different than any other Agent Orange claim, other than the fact all of our claims have to be directed ONLY to the VA St Paul Regional Office That's in their regulation also!

C-123 Veterans Association Challenges VA to Correct Agent Orange Exposure Publications

Our C-123 Veterans Association has identified numerous errors by which VA denies our aircrews and maintenance veterans earned Agent Orange benefits.

So, we today submitted a 68-page detailed analysis of these errors to as many VA managers for whom we have email addresses.

Here's what we've addressed about VA's C-123 literature:

OUR REPORT

1. 905 CAMS maintainers cross-trained on the C-123 at Westover and should have their exposure claims honored.
2. Rickenbacker's 67th Aeromedical Evacuation squadron flew their base C-123s between 1972-1986 and their exposure claims should be honored.
3. VA has failed to specify enlisted medical crew AFSCs and has for five years simply denied most of their applications, even when submitted with ample evidence.
4. Certain aerial port units at the three C-123 bases should have claims honored, particularly for ramp and fleet service staff.
5. VA failed to see the 911th AES at Pittsburgh IAP was previously named the 33rd AES, and has let the confusion lead to denied veterans benefits.

VA has had most of this sent their way for two years and has failed to act. Perhaps there is hope this time. Worth the try!

C-123 Agent Orange Veterans: Too Few Know About Our Special VA Benefits

The Buckeye Wing's Tom Scanlon forwarded VBA records on C-123 Agent Orange disability claims. CONCLUSION: The word hasn't gotten out!  Only about 10% of  our vets have had disability claims approved, a much lower percentage of disabilities for our population than others in our age group, plus the overall number of applications is lower than it should be.

Actually much lower, because VA has seen a significant number of claims from obviously ineligible people...passengers, people who might have worked on one at some base, people who were out of the service before Agent Orange was used, or claim exposure long after the C-123s were all retired.

It seems VA might be shutting down its C-123 dedicated claims team in St Paul, believing that most veterans who needed to will have already applied. I don't agree. To me, the low numbers mean that VA and USAF/DFAS simply need to do a better job informing potentially eligible C-123 veterans that anyone with Agent Orange disabilities can apply for disability benefits.

Help get the word out to other C-123 veterans, won't you? Not only are our Agent Orange illnesses going to be cared for, but we get the full range of other VA benefits...compensation, Combat Related Special Compensation (for military retirees,) home loan, medical care, pharmacy, counseling, pretty much everything. You earned it with "boots on the airplane," so get your application in to VA today!

C-123 Agent Orange VA Benefits: A January 2019 Resource List

Below you'll find a fairly current list of VA and other significant publications about C-123 veterans and our Agent Orange exposures...just click on what you want to read or download.

Here's a reminder: if you are a post-Vietnam C-123 veteran and have any of the recognized Agent Orange illnesses, you are entitled to the full range of VA health care and other benefits.  Some veterans have succeeded in having claims approved for disabilities not on VA's list of presumptive ailments, getting benefits for avascular necrosis and other problems, but VA is mighty cautious about such coverage...it is a painful uphill battle.

If you are diagnosed with an Agent Orange-related illness, you are entitled to the full range of VA medical care and other benefits...almost. Our benefits vary in that children of C-123 vets aren't eligible for spina bifida benefits, and our claims cannot be honored prior to June 19, 2015 when VA published the C-123 Agent Orange rule. Fortunately, here too, VA has permitted some exceptions.

C-123 Airplanes and Agent Orange Residue, VA Public Health

VA Benefit Manual M21-1MR C-123 Section

Agent Orange Exposure from C-123 Aircraft

Agent Orange Exposure

Federal Register: Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides (10/22, final rule)

VA is Expanding Benefits to Agent Orange Exposed C-123 Veterans (Nat'l Legal Services Project)

Veterans and Military Law (Federal Bar Association)

Vietnam War veterans: health concerns and benefits (DAV)Guide to VA Benefits (Multiple Myeloma Assn.)

AGENT ORANGE Actions Needed to  Improve Accuracy and  Communication of  Information on Testing  and Storage  Locations (GAO Nov 2018)

Post-Vietnam Dioxin Exposure in Agent Orange–Contaminated C-123 Aircraft (IOM, June 2015)

Agent Orange Exposure Wars (American Legion)

Agent Orange Exposure Locations (VA Public Health)

Diseases Related to Agent Orange

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

VA begins awarding compensation for C-123 Agent Orange claims (VA blog)

Veterans Benefits Administration Fact Sheets

VA Expands Disability Benefits for Air Force Personnel Exposed to Contaminated C-123 Aircraft

 Dr. Orange: The Secret Nemesis of Sick Vets — ProPublica

C-123 Agent Orange (ProPublica, Video)

"Dr. Orange, I presume?"-ProPublica

Veterans Affairs Official Downplays Agent Orange Risks, Questions Critics (ProPublica)

For decades,VA turned to one man on whether Agent Orange harmed vets. His reliable answer: No. (ProPublica)

Agent Orange's Reach Beyond Vietnam War (Washington Post)

"Spray Bird" Vets Battle VA for Agent Orange Benefits (AF Times)

Publications & Reports, 2018 (VA Public Health)

Agent Orange Newsletter 2018 (VA Public Health) (failed to include C-123 info)

Scientific American: Agent Orange Exposure Endangered Air Force Aircrews (January 2015)

Exposed Veterans Accuse VA of Foot-Dragging on Benefits (Huffpost, 2017)

CDC Report to VA: "C-123s unsafe in American airspace. Crews should have flown in full HAZMAT protection (Dr. C. Portier & Dr. T. Sinks) June 2012) June 2014

Post-Vietnam Military Exposures Aboard Agent Orange Spray Aircraft (Environmental Research, July 2014)