Showing posts with label aeromedical evacuation squadron. Show all posts
Showing posts with label aeromedical evacuation squadron. Show all posts

05 January 2020

VA Fails Another C-123 Veteran's Claim

Veteran's VA Experience
Not again!

But yes, VA has screwed yet another C-123 claim beyond all recognition. In this case, an aeromedical evacuation technician from Pittsburgh's 33rd AES died while his claim was in process, so his widow continued the application.

It took quite a bit of detective work, but enough documentation was uncovered to establish the veteran's AFSC, his unit, and flying status with the 33rd during the years the C-123 was in service at Pittsburgh. I had the opportunity to provide a supporting statement, the VA Form 41-2138 to explain enough of the facts that the claim should have succeeded.

But that was not to be. For some reason, the regional claims office disregarded all the veteran's supporting documentation and also disregarded my own input, calling it "unqualified lay input."

We were lucky in this case to get support from the National Veterans Legal Services Project, and they rebuilt the claim for submission to the Board of Veterans Appeals. Once again, VA pretended everything in the claim was inadequate to satisfy their critical eye. BVA denied the widow's claim on two reasons. The judge wrote that the veteran was assigned to the 33rd AES, but VA forms explaining the C-123 program only specified the 911th AES.

Somehow, it got past these "experts" that the 33rd is the same as the 911th! Some years after the C-123 era, the squadron's name was updated to the 911th.

The other thing that got past the "experts" was the veteran's AFSC of 90210 and 90250. VA's various C-123 publications failed to list enlisted aeromedical evacuation technicians' AFSCs, and had only flight nurses listed. Ordinarily this isn't a problem because all C-123 claims are supposed to be processed by the VA St. Paul office where experts can drill down to the real facts.

Unfortunately, this claim drifted to some other regional office and there, was denied, and then prepared for resubmission the the Board of Veterans Appeals. The BVA also denied, and we found about it by reading the monthly BVA decision summaries.

The BVA errors were obvious and fatal to the claim. It was wrongly denied, for the two reasons named above. The last few days we've tried to alert every contact we know at VA to see if reason can prevail, to get the claim reconsidered without having to await the next higher level of appeal, the US Court of Appeals for Veterans Claims.

Will it work? There's a chance, and we've succeeded before when VA's mistakes were so glaring. NVLSP has continued their involvement and won't let this go unchallenged. We sure could use help from Pennsylvania's legislators to pressure VA to reconsider the denied claim and to update the publications that caused these problems.

Stay tuned!

08 April 2016

List of Agent Orange-related diseases may expand

Patricia Kime, Military Times 3:38 p.m. EDT April 8, 2016

The Veterans Affairs Department is weighing whether to add several diseases to the list of health conditions presumed in Vietnam veterans to be caused by exposure to Agent Orange.

A VA working group is studying a report issued in March by the Institute of Medicine to determine whether bladder cancer, hypothyroidism and Parkinson’s-like symptoms — illnesses the IOM said may be more strongly linked to exposure than previously thought — should automatically make a Vietnam veteran eligible for VA disability benefits and health care.

According to Dr. Ralph Erickson, VA's chief consultant for post-deployment health services, the group will make a recommendations to VA Secretary Robert McDonald on whether the diseases should be added to a list of 15 already in place.

“We are in the midst of a deliberative process, carefully looking at all the IOM committee put in the report and additional information that has come out since,” Erickson said. “We will be putting tougher (together?) a VA response that will be brought before senior leaders and ultimately brought before the secretary.”

The process could take up to two years, a VA spokeswoman added.

Roughly 1 million Vietnam veterans are enrolled in the VA health system, according to the department. Based on a review of data for one year, 5,484 of these veterans have been diagnosed with bladder cancer, 15,983 suffer from hypothyroidism and an estimated 1,833 have Parkinson’s-like symptoms.

The working group also is looking into the role, if any, Agent Orange exposure has played in the development of hypertension in Vietnam veterans. According to VA, 307,324 Vietnam veterans in the Veterans Health Administration have high blood pressure.

“Hypertension has been a question that has been asked,” Erickson said. “The cohort of men and women who heroically served their country in uniform and went to Vietnam are in their 60s, 70s and 80s, and these individuals, merely because of their age, are starting to accrue chronic diseases that come with aging. It’s a delicate matter to tease out whether someone has hypertension because of their age or whether it would be related to an exposure to Agent Orange.”

VA began recognizing diseases associated with herbicide exposure in Vietnam beginning in 1991, naming 15 diseases as presumed to be related, including Hodgkin’s disease, multiple myeloma, non-Hodgkin’s lymphoma, early-onset peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers, soft-tissue sarcoma, chloracne, type-2 diabetes mellitus, light chain amyloidosis, ischemic heart disease, chronic B-cell leukemias, Parkinson’s disease, and spina bifida in offspring of veterans.

The most recent IOM report actually downgraded spina bifida in the children of Vietnam veterans, saying research does not support a previously held belief that the disease occurred in offspring of exposed veterans at higher rates.

But the change of spina bifida from "limited or suggestive evidence" it is related to exposure to “inadequate or insufficient” evidence should not affect disability payments to the 1,153 descendants of Vietnam veterans who receive them, Veterans Benefits Administration senior adviser for compensation services Brad Flohr said.

VA recommends that veterans who have an illness they believe is related to Agent Orange exposure file a claim; they are considered on a case-by-case basis if the illness is not on the presumptive condition list.

Should new diseases be added to the list, the regulation would go into effect 30 days after it is published in the Federal Register.

If a veteran dies of a condition determined to be a presumptive condition after the veteran’s death, VA will provide dependency and indemnity compensation benefits to eligible spouses, children and parents of that veteran.

Patricia Kime covers military and veterans health care and medicine for Military Times. She can be reached at pkime@militarytimes.com.

28 February 2012

Getting There Slowly - still hoping for VA to do the right thing!

The Old Sarge puts his faithful but tired C-123 out of its misery!
Support Comes In - Pressure Mounts on VA

C-123 veterans have been favored with strong support this month from Mr. John Rowan, National President of the Vietnam Veterans of America. Also, Independent Scientific Opinions were offered by Oregon Health Sciences University and by Columbia University.

No challenge or question has been raised about the dioxin contamination of the old Provider, nor about our aircrew exposure to all that dioxin which remained on the aircraft.

Next week, the USAF School of Aerospace Medicine runs their findings of a three-month investigation past Senate staffers who've been tracking our concerns (Mr. Brooks Tucker of Sen. Burr, NC) and we anticipate solid support from the Air Force. Last month the CDC's Agency for Toxic Substances & Disease Registry issued with everyone has been calling a "game changer"...directly challenging the VA's position against us, the ATSDR's official letter found that aircrews DID fly in a heavily contaminated aircraft, DID become exposed to the dioxin remaining from the Vietnam War, and DID suffer a 200-times greater cancer threshold. Further, ATSDR said the exposure was likely even more intense in the years 1972-1982 than when tests were finally done in 1994.

How much more of a case does a veteran have to make to the VA to get medical care for Agent Orange presumptive illnesses? We have had our flying buddies rejected by the VA and the Board of Veterans Appeals because no proof was available about the aircraft use in VN nor the specific aircraft contamination - because all such proof was withheld by the USAF Office of Environmental Law until released via the Freedom of Information Act in May 2011. Now that the information cited has been found, the VA develops new objections to allowing our crews and maintenance troops vital medical care. Now they say we weren't exposed to "enough" dioxin. Well, folks, the Institute on Medicine reports that there is no safe level of dioxin exposure. None. And in our case, tests show Patches and the other birds were exposing us to 200 times the safety threshold.

And what a delaying act the VA presents! This writer's own Agent Orange application for service connection (cancer, heart disease, diabetes, peripheral neuropathy, misdiagnosis, bad attitude) has been on the so-called "VA Fast Track" for 329 days. Thank goodness I'm already 100% for other issues or I'd have been devastated financially by now.

My senator's office called to say the VA was waiting for papers from another agency??? Huh? Takes a year to drop a memo to somebody and get a reply? Fast track? Off the track?


11 September 2011

Hartford CT - article about Tim Olmsted & Our Agent Orange Claims

Reporter Lisa Chedekel did a superb job digging into our Agent Orange situation, publishing an article which is so accurate it serves to be an outline in our own minds of the situation we face with the Air Force and the VA.  Our thanks to her and Commissioner Linda Schartz, Connecticut Commissioner of Veterans Affairs!

Westover Veterans Fight for Agent Orange
Benefits After Discovering Many of their 
Crews Ill or Dead

 Written by Lisa Chedekel  LISTEN TO PBS RADIO ARTICLE
Air Force Lt. Col. Aaron Olmsted of Ellington, in a C-123 plane.

In the years since they flew together out of Westover Air Force Base in Massachusetts in the post-Vietnam War era, Wes Carter and Paul Bailey have stayed in close touch, swapping information about families, jobs, and their former crewmates in the 74th Aeromedical Evacuation Squadron.
This year, the conversation took a strange turn: Bailey, who lives in New Hampshire, was diagnosed with prostate cancer in February. Two months later, Carter, a former Massachusetts resident who now lives in Oregon, got the same diagnosis.
Curious about the coincidence, the two men began checking around with members of their Air Force Reserve squadron – particularly those who had flown the C-123 Provider, a plane that was used to spray Agent Orange during the Vietnam War and then was reassigned to domestic missions at Westover and two other U.S. bases.
Carter was stunned: the first five crewmen he called had prostate cancer or heart disease.
The sixth man he tried had died.
Since then, he and Bailey have found dozens more former Westover reservists who are sick – with prostate cancer, diabetes, heart disease, peripheral neuropathy and other illnesses connected to exposure to Agent Orange [AO]. In just a few months, they have compiled a list of close to 40 of their fellow pilots, medical technicians, maintenance workers and flight engineers who are sick or have died of such illnesses, many of them from Connecticut and Massachusetts.
“I’ve had trouble finding guys who don’t have AO-related illnesses,” said Carter, who also suffers from heart disease.
Now, Carter and Bailey are spearheading an effort to get the U.S. Department of Veterans Affairs to recognize that the crews who manned the “spray planes” stateside from 1972 to 1982 were exposed to lingering Agent Orange contamination and should receive compensation for their illnesses, as their fellow veterans who served in Vietnam do.
Under current policy, veterans must have set foot in Vietnam to be eligible for compensation for exposure to Agent Orange, a toxic herbicide sprayed in the jungles to destroy foliage and crops. Diseases related to exposure to Agent Orange include prostate cancer, neuropathy, ischemic heart disease, diabetes mellitus and respiratory cancers.
“For years, for many hundreds of hours, we flew that aircraft,” Carter said. “We ate in it. We worked in it. We fixed it. We slept in it… Most of us total thousands of hours inside the fuselage—inside that area the Air Force considers, even 25 years after the aircraft were retired, to be contaminated.”
In recent unanswered complaints to the Air Force Inspector General, the chief of the Air Force Reserve, the Institute of Medicine and other officials, Carter has cited documents showing that the Air Force knew, at least since 1994, of Agent Orange contamination aboard C-123 aircraft flown at Westover and other bases — but failed to warn personnel of the health risks.
Among the documents Carter uncovered was a 1994 Air Force report that found one of the airplanes, known as Patches, was “heavily contaminated” with dioxins. Tests on other planes showed similar contamination, records show. In a 2000 legal brief, the General Services Administration argued that the proposed sale of C-123s to a private buyer should be canceled, dubbing the planes “extremely hazardous” and saying their release would carry “the risk of dioxin contamination to the general public.”
In a 1996 internal memo also uncovered by Carter, an official in the Air Force Office of the Staff Judge Advocate, Directorate of Environmental Law, had expressed similar concerns about the possibly contaminated aircraft being sold to third parties, but said: “I do not believe we should alert anyone outside of official channels of this potential problem until we fully determine its extent.” Carter also located many Air Force tests conducted after 1994...all with the same results.
So far, attempts by Westover reservists to claim veterans’ benefits linked to Agent Orange exposure on C-123s have been stymied.
One of the veterans who tried was Aaron Olmsted of Ellington, CT, a retired Air Force Lieutenant Colonel who flew the C-123. Olmsted, 60, was killed in a plane crash in Pennsylvania in May, four years after he had lost a battle with the Board of Veterans Appeals to prove that he was sick from exposure to Agent Orange.
While Olmsted had logged hundreds of hours piloting C-123s at Westover, the veterans’ appeals board in 2007 rejected his claim that his diabetes mellitus was connected to Agent Orange exposure.
“The Board acknowledges that the veteran maintains he was exposed to Agent Orange while flying aircraft from 1979 to 1982 in the Air Force Reserves because the aircraft were used to spray Agent Orange in Vietnam from 1962 to 1971 and that he was thus exposed to Agent Orange residue,” Veterans Law Judge Steven L. Cohn wrote in dismissing Olmsted’s claim.
“[But] the veteran has not submitted any evidence substantiating his contention that there was any residual Agent Orange material on the aircraft he served on. His contention, standing alone, is not sufficient to show he had actual exposure to Agent Orange.”
Olmsted’s widow, Diane, said she was frustrated that the VA had denied her husband’s appeal on the grounds that he had not provided specific tail numbers of the C-123s he flew. He flew Patches and other planes that were found to be contaminated with dioxins, flight records and photographs show.
“I don’t understand why they would put him through this, when it was clear he flew contaminated planes,” she said. “Why would they turn their backs on him after he had served his country so long and so well? I feel like it’s such an injustice.”
She said federal aviation officials are now investigating whether her husband had a medical crisis that caused the small plane he was piloting to crash this spring. “We always joked he could have landed a refrigerator with wings,” she said. “The plane was fine, the weather was good – [the crash] makes no sense.”
Odd Smells, Stinging Eyes
A hazmat team at Davis-Monthan Air Force Base, Arizona.

Records show that some C-123 planes were held in quarantine storage in recent years, and then disposed of by shredding and smelting in 2010. In June 2009, an Agent Orange consultant to the Secretary of Defense had lobbied for the “immediate destruction” of the planes, in part to avoid attracting media attention to the health claims of stateside veterans.
“A whole new class of veterans may claim that their exposure was due to the fact they were members of aircrews or mechanics associated with the contaminated aircraft that returned from Vietnam,” the consultant, Dr. Alvin L. Young, wrote in the June 26, 2009, memo.
Carter, Bailey and their fellow reservists want the Air Force to explain why it never warned former crew members of their exposure and the possible health consequences, even as tests confirmed the presence of dioxins in the planes. Work crews that prepared Patches for display in a museum were instructed in a 1994 memo to wear hazardous material suits and respirators—yet Carter, Olmsted and others had flown in the plane often, without protection.
Carter and Bailey both recall the strange chemical smell of the C-123s and the stinging in their eyes and mouths – at the time, inexplicable sensations.
“I was always pretty sick on the airplanes – I ended up throwing up a lot,” said Bailey, 65, who is undergoing radiation treatment for cancer. “I never knew why. Now it makes sense.”
The VA press office did not respond to an inquiry from C-HIT. In a July letter to Carter, staff members of North Carolina Sen. Richard Burr reported that VA officials “said they have received hundreds, if not thousands, of claims for ‘secondary’ exposure over the years [but] that the available science does not support the link between health issues and flying on an aircraft which was previously exposed to Agent Orange.”
Connecticut state veterans’ affairs Commissioner Linda Schwartz, a former Air Force flight nurse who has studied the effects of Agent Orange on women veterans who served in Vietnam, said she was hopeful that the VA would re-think its stance on stateside Agent Orange exposure.
“It seems to me that there is sufficient evidence to document individual exposure by comparing a crew member’s flight logbook with the tail numbers of the aircraft,” she said. “I am hopeful that when all of the evidence is submitted to Secretary of Veterans Affairs [Eric] Shinseki, he will use the same fairness, clarity and logic that he has exercised in his other decisions.”
She applauded Shinseki’s decision to include three new diseases—Parkinson’s Disease, chronic b-cell leukemia and ischemic heart disease—in the presumptive category for Agent Orange exposure. “We have not heard the final word on this issue,” she said.
Vietnam Veterans of America [VVA], which lobbies for veterans, has begun researching the Westover claims and expects to file a petition with the Secretary of Veterans Affairs, asking that the stateside reservists who flew in contaminated C-123 planes get the same “presumptive exposure” status as their Vietnam-based counterparts, said Rick Weidman, VVA’s executive director for policy and government affairs.
“We’re very supportive of the effort this group of reservists is making to substantiate their claims,” Weidman said. “There are a lot of things we think the government should be doing that they’re not, and full disclosure of the harmful materials our troops were exposed to is one of those things.”
For her part, Diane Olmsted knows that a change in VA policy could take time – and will come too late for her husband.
As she watched her young grandchildren run around her house on a recent day, her thoughts turned away from bureaucratic battles, including the new appeal for VA benefits that she is pursuing.
“He was larger than life,” she said of her husband. “Now, he’s missing out on time with these beautiful grandkids.
That’s the part that is the hardest.”