We were
abused by a flawed claims system – flawed in that VA staff chose to actively
oppose us although their legal duty demanded a non-adversarial pro-veteran process.
Numerous federal agencies and independent experts argued for years in support
of legal and scientific merits of our exposure claims but instead a handful of VA
staff broke their own rules and turned a deaf ear.
Key
conclusions regarding the three VA actions against C-123 veterans detailed in
this report:
1 By
January 2012 VBA had “an overwhelming preponderance of evidence” supporting
C-123 veterans’ herbicide exposure claims but instead VA insisted it had a preponderance
of evidence against the claims.
2 When
C-123 veterans turned for help prior to June 2015, they were told no C-123
claims could be granted
and thus very few “fought the system” and bothered to apply for disability
benefits. VA staff was trained that C-123 claims could not be approved, so none
were.
3 As
far as VA records indicate, the only time CDC, NIH and other federal agencies opined
in support of exposure claims was for C-123 veterans. VA disputed all such
input and denied all claims anyway.
4 VA
abused its duties per law and VAM21-1MR for “benefit-of-the doubt, fact-proven,
non-adversarial, paternalistic, pro-veteran,” and “case-by-case” claims
evaluation, instead imposing a C-123 blanket denial policy.
In the
end, with help from CDC and numerous experts, we were proven correct in the law
and the science. But, in the end, that meant years wasted while our claims
should have been advancing. Years went by while VA refused veterans and
families all care and benefits. Survivors couldn’t even get a folded flag.
Years went by with VA instructing staff against every C-123 claim, and often discouraging
vets from even applying. VBA must now adjudicate C-123 claims and appeals in
the most pro-veteran basis, giving every possible benefit of the doubt...and a
bit more!
People
just can’t help it. Not only are they decades past wanting to hear about Agent
Orange, their eyes unusually glaze over if I begin explaining how VA blocked
2100 of our Agent Orange claims for many years. Actually, nobody should be
surprised at VA failings with our couple thousand when one remembers VA blocked
tens of thousands of sick veterans’ claims until Congress jammed the 1991 Agent
Orange Act into their playbook. To anyone who actually listens, my narration
seems outrageous, phony or self-serving. If I get into any details I quickly
lose my listener. Their expression says it all: “This is outrageous. VA would
never even consider such anti-veteran deceptions. Someone’s making it all up.”
Actually,
nothing’s made up or imagined, and I hope to make a case that SMCs are
appropriate from 3/2011 forward, particularly loss of use of both legs,
bilateral avascular necrosis of the hips (with revision in 2012, third
replacement 2015 following diagnosis 2011, Hyperlinks in this essay go to the
VA’s own source documents. VA resolutely opposed our claims in violation of
every legal and moral duty and in total contrast to empty assurances given our
elected representatives. In April 2011 I had faith in the VA, faith that they’d
carefully check out my claim and weigh the supporting evidence; an approval
would be forthcoming.
My trust
in the VA lasted years past when I should have been screaming “foul,” but when
they rejected all expert evidence from the CDC and NIH, I pretty much knew what
so many veterans complained about was true. And when in 2015 I finally got thousands of pages of VA internal
documents
released thru the Freedom of Information Act there was little trust left.
Rather
than dig into the dozen or so worst examples of VA mistreatment, I’ll write
about three of their worst tactics that really hurt C-123 veterans, and stalled
our disability claims for many years:
• First, VA insisted in every possible response to veterans, Congress and the press that they had no “blanket policy” against our claims, and rather, each claim was carefully evaluated on a case-by-case basis. Nope!
• Second, VA insisted from the very first it had “an overwhelming preponderance of evidence” against our claims. Nope!
• First, VA insisted in every possible response to veterans, Congress and the press that they had no “blanket policy” against our claims, and rather, each claim was carefully evaluated on a case-by-case basis. Nope!
• Second, VA insisted from the very first it had “an overwhelming preponderance of evidence” against our claims. Nope!
• Third, VA said we could submit
claims for “fact-proven” consideration. Yes they said that, but Nope, there
never was proper consideration of even a single claim.
