What Does Secretary McDonald Need For C-123 Agent Orange Presumptive Eligibility?

Nothing. Everything is in place already for VA to act now to provide C-123 veterans Agent Orange presumptive eligibility. He should just hit the big red button to the right, and ACT NOW.

Nothing else required. No new law. No new legislation. No new regulations. No new rules.

Nothing. For many years, VA has had everything to do its job for C-123 vets, with far, far more effort put into blocking these veterans than in helping them.

For most of the C-123 veterans' needs, VA has all authority to begin providing care today. Perhaps some related issues such as veteran definition, BVA actions or other questions will need fine tuning via new regulation. Nothing that can't be resolved quickly.

The bulk of C-123 veterans need only VA's decision to obey the law and stop the improper blanket denial of all claims. VA can and should make that decision immediately.

The 1991 Agent Orange Act, Title 38, and VAM21-1MR are all in place and address our veterans' needs. VA even has repeatedly stated in the Federal Register that nothing else is needed – non-Vietnam veterans exposed to Agent Orange are provided presumptive eligibility.

Their 2010 Federal Register statement used the language "we wish to make clear" that exposed veterans will receive presumptive service eligibility, and with that, recognition of Agent Orange illnesses as line-of-duty illnesses. VA used the language "We therefore believe there is no need to revise the regulation..."

Mr. Secretary, no new rules are needed to make clear what VA has already made perfectly clear. Mr. Secretary, the VA Office of General Counsel already defined Reservists as "Veterans" under the law:

"The VA Office of General Counsel has held if the evidence establishes that an individual suffers from a disabling condition as a result of administration of an anthrax vaccination during inactive duty training, the individual may be considered disabled by an "injury" incurred during such training as the term is used in 38 U.S.C. §101(24). Consequently,such an individual may be found to have incurred disability in active military, naval, or air service for purposes of disability compensation under 38 U.S.C.§1110 or 1131. VAOPGCPREC4-2002,69 Fed.Reg.25176(2004).
In the VA Office of General Counsel opinion, the Veteran was a former member of the Army Reserve who received two anthrax inoculations during inactive duty training. The Veteran alleged suffering from chronic fatigue and chronic Lyme-like disease as a result of these inoculations. The General Counsel held that the Veteran may be considered to have been disabled by an injury in determining whether the member incurred disability due to active service. The General Counsel reasoned that inoculation with a vaccine involves the introduction of a foreign substance into the body and that, while the substance is intended to and generally does have a beneficial effect,adverse reactions,sometimes of a severe nature,may result. Additionally,the term "injury" in section 101(24) may be interpreted to include harm not only from a violent encounter but also from exposure to a foreign substance, such as a vaccine. The General Counsel found that the concept of "trauma," which is recognized as the cause of "injury," encompasses a broader definition that includes serious adverse effects on body tissue or systems resulting from introduction of a foreign substance. Thus, an adverse reaction to a vaccination may be considered an "injury" as that term is used in 38 U.S.C.§101(24). See VAOPGCPREC4-2002"

Mr. Secretary, there is no need to turn to Congress for legislation because VA has already told Congress no extra legislation is needed for VA to meet its responsibilities to C-123 veterans.

Veterans can take the VA at its word, especially when thrice-published to Congress and the public in the Federal Register. VA has made it clear that no new regulations are needed for C-123 veterans, as well as any other veterans, who have been exposed to Agent Orange to be treated for that exposure by the presumptive service connection.

VA has even added a little extra justification for recognizing C-123 veterans, perhaps the only step ever taken that helped these vets. Because some staffers in VA challenged the C-123 veterans' exposure and the bioavailability of the dioxin from the airplane, VA sought input from the Institute of Medicine which confirmed the airplanes' contamination and the veterans' exposure. And harmful effects of that exposure. First proposed in 2012 but canceled by VA, the study has made veterans wait another year to complete but is now in hand for VA to do what it should have done with the first C-123 veteran's claim in 2007.

In fact, VA lacks any regulation or rule permitting Compensation and Pension Service to deny all our claims as they now do, their blanket denial even though that phrase is not used. VA has no authority for refusing these qualified claims, especially now that Joint Services Records Research Center confirmation has been received.

Mr. Secretary, it is past time for that announcement you promised the Senate!

(VA's Federal Register post, 31 Aug 2010)

Children of Agent Orange Exposed Vets: Apply to VA

VETERANS’ CORNER: 

Children of vets exposed to Agent Orange, other chemicals should file VA claims
A weekly column that aims to provide information on trends, help and services available to America's military veterans.
Posted: Saturday, October 11, 2014 8:00 pm | Updated: 8:01 pm, Sat Oct 11, 2014.
By JIM VINES jim.helpingveterans@gmail.com

Everyone knows Agent Orange is bad, and exposed veterans know that it causes certain cancers and other diseases after exposure.

The Department of Veterans Affairs recognizes this, and for all of these cancers and diseases, disability compensation is practically (?)  automatic. These are called “presumptive” conditions that are presumed to be caused by the military purely because of time and date in service.

Veterans’ children have long been recognized to have birth defects and diseases resulting from their parents’ exposure to Agent Orange. Currently, the VA recognizes many such conditions in the children of women veterans, but the list for male veterans’ children is significantly shorter. It includes only spina bifida, with the exception of spina bifida occulta.

What a lot of veterans don’t know though, is that Agent Orange exposure has also caused numerous, serious birth defects in exposed male veterans’ children, besides spina bifida, according to Children of Vietnam Veterans Health Alliance. The list includes Crohn’s disease, Lupus, thyroid disease, chronic kidney disease, missing limb parts, and webbed toes. According to COVVHA, the list is much larger than this.

The Agent Orange Act of 1991 went into effect for the purpose of researching the diseases and birth defects found in exposed veterans’ children, to find out what they were, and to add them to the list of VA covered conditions. The act began a review of conditions in 1994 and was originally scheduled to run until 2001, but later was extended until Oct. 1, 2014.

Every few years, more conditions are being added to the VA’s list. On Oct. 1, the last review will have taken place, so any conditions not included in this report will probably be left out of the VA’s list for good, unless more legislation comes into play. It is likely we will see this last report, which covers the data from 2012, 2013, and 2014, sometime in 2015.

If you are a child of an exposed veteran, COVVHA encourages you to file a claim with the VA so that your voices can start being heard. The instructions for doing so and a complete list of diseases and defects, are found at covvha.net/. You will need to provide years your father was in Vietnam and his Social Security number. If your father has passed away, and his death was linked to Agent Orange exposure, make sure you state that information.
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VA vs. C-123 Veterans Redux

We said it before. It bears a second look.

The VA is firmly determined to prevent, by any means fair or foul, all C-123 veterans from being treated for our Agent Orange illnesses. Cancers, heart disease, diabetes, ALS...none of them will be recognized by  the VA as service-connected.

That is VA's Job One regarding this group of dioxin-exposed vets. We don't know why they formed this perspective but it must be policy-driven and based on some issue regarding the aircraft itself, or the issue of the lingering contamination after Vietnam. VA administrators aren't monsters, and they don't actually wish us dead.

VA authorities (not the care providers, but the administrators in C&P) are, however, absolutely content letting us suffer or die without access to life-saving VA care. Friends, VA benefits aren't merely financial...disabilities recognized by the VA allow pharmacy, rehab, counseling, prosthetics, vision, independent living resources, audiology. dental, preventative medicine and other essential services without which a veteran can quickly become overwhelmed by the basic illness. For instance, dental disease can have an immediate impact on heart disease and can make an otherwise manageable chronic issue life-threatening.

Their attack on us has six components that we've seen thus far:
1. Prevent release of VA documents about their campaign against C-123 claims
2. Insist, for purpose of claims and despite all science, that Agent Orange exposure is harmless in the case of C-123 veterans
3. Re-define the word "exposure" to prevent C-123 veterans from coverage under Agent Orange laws
4. Reject expert input from other federal agencies not in accord with VA policies against C-123 vets
5. Reject all expert input from universities, medical schools and toxicologists unless in accord with VA policies against C-123 vets
6. Delay claim decisions as long as possible, then deny the claims, then delay again for years via the stalled Decision Review Officer or Board of Veterans Appeals channels; this enables VA to save money via prevention of medical care and be "stuck" only with a financial catch-up check once the claim is approved

Did You Fly C-123? File your VA Claim NOW!

The VA famously (and sadly) takes years to make up its mind about a veteran's disability claim. This is a period of anxiety and worry while the veteran tries to address mounting medical and financial problems, but there's not much to be done about their timeline.

What you can do is consider the following:
1. get a letter, postcard ANYTHING to the VA immediately stating it is your intention to submit a disability claim for your illness or injury. Whatever compensation that eventually is awarded dates from the time-stamp on your notification to the VA...so don't wait. Say "Dear VA: I expect to apply for benefits for exposure to military herbicides and (any other issues you may have.)" sign and mail. Couldn't be easier!
2. consider using the VA's Fast Track claim process, where you complete everything you're going to present, gather all your proof (doctor's letters, personal statements, medical records, line of duty determinations, EVERYTHING) and submit. This is a process where you declare to the VA that you have a complete claim and are willing to let them make a determination based on the total package you present and on what's in their files on you already.
3. get with one of the veterans service organizations - they are the professionals in this mess. The Disabled American Veterans, Vietnam Veterans of America, Veterans of Foreign Wars, etc., all employ highly-trained advocates to help you put your claim to the VA. They require a power of attorney to represent you, and these people are bull dogs! They really latch onto the finer points of VA rules and regulations and make sure your application is as solid as can be. They know the ins-and-outs of strategies such as Individual Unemployability, which can bring many veterans up to 100% disabled ratings. Not only is the 100% rating a better monthly payment but it also means complete medical care - eyes, ears, dental, everything. And if your rated disability is 70% or higher it also means nursing home care in your own community.
4. if you are ill, ask the veterans service organization to help you get medical care from the VA on a "presumptive eligibility" basis until such time as your claim is resolved.