WHAT THE HECK? As a lifetime DAV member, I'm outraged!
DAV has just debased itself and honored the administrator who bottled up our C-123 claims for four years, Mr. Thomas Murphy of the Veterans Benefit Administration.
DAV forgets it was Mr. Murphy who approved the infamous no-bid sole-source $600,000 contract to Al Young to oppose Agent Orange claims. DAV forgets its own powerful denunciation of VA and that contract.
Only with a blank memory could DAV or any other veterans organization lower itself to "honor" Mr. Murphy.
Background: Along with Major Marlene Wentworth, I sat in front of Mr. Murphy in his office the afternoon of February 28, 2013 and read back to him his toxic September 25, 2012 advisory opinion in which he personally denied a C-123 veteran’s disability claim that the regional office had wanted to approve.Each of the four pages of Murphy’s opinion reeked of mistakes and revealed his passion in preventing C-123 claims. He excelled in that passion by denying 100% of our claims for over four years. For this disservice to thousands of C-123 veterans DAV now chooses to honor him? Outrageous!
The thrust of that advisory opinion back in 2012 was his dismissal of all expert input establishing a veteran’s exposure from our Agent Orange-contaminated C-123 aircraft. Supporting the claim were reports from federal agencies, including the CDC/ATSDR, NIH, US Public Health Service, the National Institute of Environmental Health Sciences. Dozens of experts of the Committee of Concerned Scientists and Physicians also confirmed C-123 veterans’ exposure injuries.
It is my understanding this particular application had
more supporting evidence than any other VA disability claim ever submitted. Where typically a
doctor’s note, some proof of service and perhaps an outside expert opinion would
accompany a disability claim, this C-123 claim had a full-court press of government
and independent experts, all making clear the fact of C-123 Agent Orange
exposure. It was, in VA terms, “an overwhelming preponderance of evidence.”
None of which sufficed for Mr. Murphy. Determined to
maintain the zero-approval stone wall he and others built against C-123 claims, he simply dismissed everything. He said these scientists and physicians, many of whom previously were
VA and IOM experts, weren’t even qualified to comment.
Most outrageous was his dismissal of the report by Dr.
Thomas Sinks, Deputy Director of the CDC/ATSDR. Dr. Sinks’ opinion on C-123
Agent Orange was dramatic: C-123 vets had exposure 182-times military safety
limits and face a 200-fold greater risk of cancers. Later, Sinks' report would prove pivotal in the final IOM report confirming C-123 exposure injuries.
The Sinks report was also affirmed by the CDC/ATSDR director Dr. Christopher Portier and other NIH executives, including Rear Admiral R.Ikeda MD, US Public Health Service.
Not nearly enough for Mr. Murphy, who trashed the CDC/ATSDR
report:
Read carefully Mr. Murphy’s last sentence: "In summary, there is no conclusive evidence
that TCDD exposure causes any adverse health effects." Read that he did not repeat the
frightening CDC/ATSDR details about exposures 182-times safety limits, or
increased cancer risks.
Agent Orange is harmless? No health effects? Mr. Murphy
summarized the CDC/ATSDR report about our 200-fold greater risk of cancers as “no
adverse health effects?”
Later, a VA spokesperson called that “an unfortunate
choice of words,” but it sufficed for Mr. Murphy’s purpose of ensuring that no
C-123 claims would get past his desk. Years would pass before the first claim did succeed in 2015.
With his staff also present, I read his statement to him during our meeting on
February 28, 2013 and Mr. Murphy said it would stand. He also said no evidence from
whatever expert would permit C-123 claim approval because VHA had already
decided we were never exposed. Meanwhile. on the other side of its official mouth, VA was falsely insisting that all our claims were evaluated on a case-by-case facts-proven basis.
For Mr. Murphy’s mistreatment of thousands of C-123
veterans and his failure to follow his own VAM21-1MR regulation, DAV now stoops
to “honor” this Agent Orange claim opponent. Totally disgraceful!
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