Yale Law School posted their release of the C-123 Exposure Legal Brief on their web site today, making it available to veterans nationwide. Many, many thanks to Yale for this scholarly presentation of our case. We were exposed to Agent Orange. We should be treated for Agent Orange illnesses.
Once again, but its never enough...thanks to Dean Wishnie and his team!
All C-123 vets should get this to whoever is representing your disability claim. If you are managing your own claim, my suggestion is to attach it to a VA-21-4138 with your note as to the importance of this document. Tell the VA simply that Yale Law completed a laborious investigation of the C-123 Agent Orange exposure situation, and concluded that we were exposed. Exposure is the only requirement that a veteran who is not a Vietnam veteran needs to prove. This document, your Form 5s or other proof of duty aboard former spray aircraft, and the other supporting documents you can download from this blog should present a convincing argument.
VA will oppose anyway, having already informed us they have a policy forbidding C-123 claims as per Post Deployment Health and regardless of any law or proofs to the contrary. Having your proofs of exposure, and this legal brief, will at least make the rating official think twice and perhaps risk resisting orders to deny your claim. And having this in your claim will certainly prove telling at the Board of Veterans Appeals.
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