26 September 2011

Foundation for Peripheral Neuropathy - Notes C-123 Agent Orange Concerns

from the Foundation for Peripheral Neuropathy:


Agent Orange and the VA:

September 2011: Westover Vets Fight for Agent Orange Benefits
An Air Force reserve squadron out of Westover Air Force Base in Massachusetts, is finding some curious coincidences among the veterans who served with them. C-123 Provider planes used to spray Agent Orange during the Vietnam war were reassigned to domestic mission in the US. Dozens of these reservists have now been found to be sick - cancer, diabetes, heart disease, peripheral neuropathy, and other illnesses. Members of the 74th Aeromedical Evacuation Squadron are now trying to get the VA to recognize that the crews who manned these 'spray planes' statesie were exposed to lingering Agent Orange contamination and should be included for benefits like those who went to Vietnam.
Source: New Haven Independent
August 2011: Agent Orange Exposure Caused Wide Range of Ailments
The VA has recognized various types of neuropathy as a 'presumptive disease', meaning they are related to qualifying military service without proof. To find out if you qualify for benefits, this article will help simplify the VA criteria and provides a link to their website. .
Source: The Leaf Chronicle

Latest Results - FOIA data re: C-123 Destruction Press Release

Received Friday, September 23: FOIA materials from 75th Air Base Wing, Ogden, Utah. I'd asked for all materials related to preparation of the 2010 press release describing the final destruction of the remaining C-123K/UC-123K aircraft at Davis-Monthan.


The press release was prepared to be held in case of media inquiry...not released but ready to hand to any inquisitive reporter. It is not clear that it was ever actually used.


What is outstanding is the obvious issue of Agent Orange and the efforts taken to prevent public awareness of the toxin. These were the "Agent Orange aircraft." These were aircraft that were going to be shredded and smelted, for the first time in AF history, solely because of their contamination by Agent Orange/dioxin. Memo after memo described them as the "Agent Orange aircraft." The contamination of the airplanes was the core of the problem, and the core of the worries expressed by leadership concerned about the public learning about this problem.


But never in the press release are the words "Agent Orange" used! Instead, careful wordsmithing resulted in an innocent-sounding announcement of old airplanes being recycled to make room for more storage....in all the paperwork involving these airplanes the only place "Agent Orange" wasn't mentioned was the final press release! Even their contractor balked at going along with that final description, there being so much open desert at DM and no need to create any free space. 


We note the 12 Nov 2009 special letter prepared by Mr. Wm. Boor, 505th ACSS, requesting that "because of the Agent Orange contamination during the Vietnam War", the planes be excluded from resale and salvage operation. Again...the entirety of the problem is Agent Orange! And the entirety of the problem today is the determination of the AF and the VA to avoid recognizing veterans who flew those planes as having been exposed, even though volumes of official documents make it clear we have been exposed to "extremely dangerous, extremely hazardous, extremely contaminated" airplanes!


Perhaps the worst news here is the continued influence of OSD's Agent Orange consultant. Cited throughout the materials is the reference to him as "Senior Consultant to the Office of Secretary of Defense" and other titles, and throughout these papers and all the others we've seen are his recommendations to immediately destroy the remaining C-123K/UC-123K aircraft...he seems to have been one of the key authorities in implementing the final solution, along with MG Busch.


The problem with that is OSD's obvious intense dislike of Reserve Component flyers, whom its' consultant elsewhere described as "freeloading, trash-haulers looking for a sympathetic congressman for tax-free dollars". The consultant, not one of DOD's key supporters of the Total Force Concept, cites in his recommendation for the planes' destruction the fact that the dioxin contamination will result in presumptive connection for Agent Orange VA benefits. Well, Duh!


What's the problem with that? Simply the fact that the veterans were exposed to dioxin on the C-123K/UC-123K three decades earlier! OSD stresses that the aircraft must be destroyed to prevent such claims, yet the veterans have already been exposed! The OSD consultant makes no mention of previous exposure by these individuals other than to remind base officials that such claims for presumptive exposure might surface unless the airplanes were destroyed and somehow the "media storm" over Agent Orange kept from developing.

24 September 2011

Girls of the 74th!

With thanks to Gail (Mas) Harrington, Major, USAF NC, Retired:
On a flight somewhere, probably Norfolk. 

23 September 2011

AFRC & VA Schedule Teleconference About C-123 Crews & Agent Orange


Sent: Friday, September 23, 2011 1:32 PM
Subject: Teleconference scheduled re: AFRC/CC & VA - C-123K & Agent Orange

Today I was informed by an aide to the commander, Air Force Reserve
Command, that they have researched our Agent Orange situation and
essentially confirmed the situation as we've described it...no fault
has been found in any argument we have put forward about the planes
being contaminated or the fact that we should have been notified once
the contamination was known. They have had the results reviewed by
their JAG who also supports the claims we've made about our exposure
and the Air Force's failure to notify affected personnel. Next week,
they have a scheduled teleconference with VA officials to present our
case and seek some kind of solution. Two choices seem possible: first,
to declare the aircraft as Agent Orange exposure sites, or second, to
declare the units involved as a whole to be presumptively exposed. Of
course, there is also the possibility that the VA will stonewall
anything, but at least we have another advocate.

The Vietnam Veterans of America has (or will soon) submitted an appeal
to the Secretary of Veterans Affairs regarding us.

I believe this is the second-best piece of news to come our way, the
best piece being the various official documents we've uncovered. Let's
hope the Chief pushes hard for us...it sounds like we have another
strong advocate!

Best,

    Wes Carter, 74AES

22 September 2011

ROA's "The Officer" Comments on C-123K Agent Orange!







From the September-October 2011 issue of The Officer, by CAPT Marshall Hansen, USNR Ret.:
Despite statistics AO continued to affect Air Force personnel, even some exposed after the War. From 1972-1982, contaminated C-123 aircraft, which dispersed the AO during the war, were flown by reserve aircrews who were continually exposed to toxins for more than a decade after the Vietnam War.  Most crew members are showing ailments that can be related to AO exposure. Some have died.

19 September 2011

Connecticut Agent Orange Meeting with Sen. Blumenthal

From Bob Janicki 


Where: Rocky Hill Veterans Home and Hospital Auditorium           
When: Tuesday, September 27th from 9:30 to 11:30 
The event will begin with brief introductions and information sharing with the Veterans in attendance on what they will need to do. 
We will be instructing the Veterans to visit with any of the VSO representatives in attendance who will acquire the necessary contact information as well as the Veterans written Agent Orange related story. 
The Senator will be on hand from 10 A.M. to 11:30 to talk personally with the Veterans.  This will be an informal format for the Senator allowing him to talk one on one with the Veterans.  There will be no press present hopefully allowing the Veterans to share their stories with the Senator as he travels through the auditorium. 
The Senators' Veteran staff will work with each VSO to ensure that all submissions are followed up on. 
This is the first of these Town Hall meetings, others will be scheduled in the future. 
If you are involved with a VSO please get back to me and Michael Thomas Michael_Thomas@Blumenthal.Senate.gov if you plan on attending. 
We need to get some idea on how many VSO reps will be on hand 
Many thanks,


Rest in Peace - Roy Menard

Our brother-in-arms, Roy Menard, gone today from his family, his friends and his nation. From Andy Lown:
 
Roy lost his battle with cancer this morning at 0300 hrs.  He was a dear friend and comrade to all of us.  He will be missed for his war stories, upbeat attitude, and his willingness to take the shirt off his back to help anyone in need.

There is no info available as to funeral arrangements at this time.  I will update when that info is available.

Andy

14 September 2011

Overdue FOIA Responses

These agencies have each delayed over 45 days in responding to our FOIA requests for information about our Agent Orange exposure while serving on the C-123K/UC-123K Weapons System:


Department of Veterans Affairs, Office of the Secretary
Department of the Air Force, Office of the Secretary
Board of Veterans Appeals, Department of Veterans Affairs
Headquarters, Air Force Material Command
Air Force Security Assistance Center, Wright-Patterson AFB, Ohio
Board of Correction of Air Force Records
Commander, USAF School of Aerospace Medicine
US Environmental Protection Agency


These individuals had presented to them proof their injustice (through bad act on part of AF regarding of withheld evidence) rendered LtCol Aaron Olmsted and have failed to involve themselves in assisting his survivors to correct his Board of Veterans Appeals ruling. That ruling was issued citing the absence of adequate proof of Aaron's Agent Orange exposure, but the proof had been withheld by the Air Force at the time of the BVA hearing:


Judge Stephen Cohn
BVA Attorney Stephen Reiss
Secretary of Veterans Affairs
Director, Hartford Regional Veterans Affairs
Veterans Law Review, Board of Veterans Affairs
Chief Judge, Board of Veterans Affairs

13 September 2011

US AGENCY FOR TOXIC SUBSTANCES & DISEASE REGISTRATION Examines C-123 Agent Orange Issue

received today, addressed to me from the Department of Health and Human Services Public Health Service. Certainly a polite letter but its value will only be felt if VA and DOD officials will, in turn, consider it. There is no doubt as to the accuracy of our AO claim, just the struggle to get those whose job it is to automatically deny such claims to yield in their position...just a little.

Dear Major Carter,


Thank you for your recent correspondence. Your letter refers to airmen and flight nurses who flew C-123K/UC-123K Provider aircraft from 1972 through 1982. You state that their service led to exposures to Agent Orange (AO). You state that they operated aircraft that had not been properly decontaminated after serving in Vietnam and spraying AO during operation Ranch Hand. Your correspondence includes substantial information to support your claim.


You ask that the Agency for Toxic Substances and Disease Registry (ATSDR) provide emergency assistance by recommending that the Department of Defense (DOD) designate these contaminated aircraft as Agent Orange Exposure Sites. I understand that the Department of Defense does evaluate information of this type and determine if an AO exposure occurred. Should DOD conform past AO exposures, the US Department of Veterans Administration (VA) applies this designation in determining a service connected illness. ATSDR has forwarded your information to the VA and requested that it be forwarded to the appropriate office in DOD.


Your letter concluded in stating that VA will automatically deny any Agent Orange exposure claim by a veteran without service in Vietnam. The VA's website provides the presumptive service connection for AO has been extended to veterans deployed in the Korean Demilitarized Zone between April 1 1968 and August 31 1971. In addition, veterans involved in duty on or near the perimeters of military bases in Thailand may qualify for benefits. These veterans must show on a factual basis that they were exposed to herbicides between February 28 1961 and May 7 1975. 


The effort made by you and your colleagues to collect this information is remarkable. I greatly appreciate the service you and your colleagues have given our country. I believe the information you have provided should be carefully considered by the Department of Defense.


Sincerely,


/signed/
Chris Porter, Ph.D.
Director, National Center for Environmental Health, and
Agency for Toxic Substances and Disease Registry

11 September 2011

9/11 - Never Forget. Our generation's Pearl Harbor

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.”

29 August 2011

Deadline for Retroactive Benefits Approaches - August 30!

PLEASE: If you have, or suspect you have any condition associated with Agent Orange exposure, your application for benefits musts be filed with the Department of Veterans Affairs by August 30 to qualify for one year of retroactive benefits.


The VA has been announcing this for quite some time, and those suffering from three specific diseases may qualify for a year of retroactive benefits...that will be determined by their rating officers, but YOU must send in at least a simple letter of application...consider using the following language - a more formal application can follow at any time but you MUST have something submitted.


Your more formal paperwork can follow later, but let's get this started now. If you know of veterans' survivors, please get the word to them as well!


(your name and address)
(your Social Security Number)


To: Department of Veterans Affairs
    address of your VA Regional Office)


I have been exposed to Agent Orange while in the United States Air Force as a crew member aboard our C-123K aircraft, and apply for all appropriate protections and benefits.


Respectfully,




(signature)
-------------- from Air Force Sergeants Association----------------



VETERANS NEWS 

Agent Orange Deadline Approaching
Vietnam-era veterans take note; an important due date is approaching for those who have medical diagnoses for three presumptive conditions related to exposure to Agent Orange.

Veterans who have been diagnosed with ischemic heart disease, hairy cell/B-cell leukemias and Parkinson’s disease have until August 30, 2011, to file their disability claims with VA in order to qualify for up to one year of retroactive benefits.

Veterans can file for disability claims online at VA's Agent Orange Fast Track Claims Processing System (https://www.fasttrack.va.gov/AOFastTrack).  ; Veterans who served in the Republic of Vietnam or in-land waterways between January 9, 1962 and May 7, 1975 may use this website to apply for disability benefits for these conditions. (THIS ALSO APPLIES TO ANY PERSON EXPOSED TO AGENT ORANGE UNDER WHATEVER CIRCUMSTANCES.)

NOTE: Widows and widowers whose spouses have died from Agent Orange presumptive conditions may also qualify for retroactive benefits and are encouraged to file for dependent indemnity compensation by August 30.

Immunization Awareness for Veterans
VA health care workers prepare for the upcoming flu season, it’s important for vets to get the right vaccines in the right doses at the right time.  As part of National Immunization Awareness Month activities, VA provides this list (http://www.va.gov/health/NewsFeatures/20110818a.asp) of some of the most important vaccines. 

27 August 2011

Another Vet Earns Agent Orange Recognition - Outside Vietnam!

Thanks to Paul Sutton who forwarded a Blue Water Navy discovery, we now have another example of the VA awarding service connection for Agent Orange-presumptive illness to a veteran who came into contact with the toxin outside Vietnam...in this case, the Philippines. 


The decision by the Board of Veterans' Appeals is great news to us...it gives precedence which clearly shows our road to getting our own cases decided correctly. In his case, he patrolled the fence line of an air base which had Agent Orange freighted through the base. In our case, we have "boots on the airplane" aboard C-123K aircraft which the Air Force itself certified as "heavily contaminated, extremely dangerous, extremely hazardous" and which led to our exposure.


Many of us have claims before the VA now, and we cannot count on every Rating Officer (RO) knowing of this decision regarding Agent Orange exposure outside Vietnam, so it might be beneficial to your case to submit a copy of the decision as additional evidence.


Here is the decision, so very vital to us. It certainly shows how differently the BVA treats veterans represented by competent attorneys!
---------------------
Citation Nr: 1117698  
Decision Date: 05/09/11    Archive Date: 05/17/11 
DOCKET NO.  09-19 872 )   DATE 
On appeal from the Department of Veterans Affairs Regional Office in St. 
Petersburg, Florida 
THE ISSUES 
1.  Whether there is new and material evidence to reopen a claim for 
service connection for Type II Diabetes Mellitus, including as due to 
herbicide exposure. 
2.  Entitlement to service connection for Type II Diabetes Mellitus, 
including as due to herbicide exposure. 
3.  Entitlement to service connection for peripheral neuropathy of the 
upper extremities, including as secondary to the Type II Diabetes 
Mellitus. 
4.  Entitlement to service connection for peripheral neuropathy of the 
lower extremities, including as secondary to the Type II Diabetes 
Mellitus. 
5.  Entitlement to service connection for a kidney order, including as 
secondary to the Type II Diabetes Mellitus. 
6.  Entitlement to service connection for hypertension, including as 
secondary to the Type II Diabetes Mellitus. 
7.  Entitlement to service connection for a heart disorder, including as 
secondary to the Type II Diabetes Mellitus. 
8.  Entitlement to service connection for a bilateral foot disorder, 
including as secondary to the Type II Diabetes Mellitus. 
9.  Entitlement to service connection for a bilateral eye disorder, 
including as secondary to the Type II Diabetes Mellitus. 
10.  Entitlement to service connection for a lung disorder, including as 
due to herbicide exposure. 
REPRESENTATION 
Appellant represented by: Matthew D. Hill, Attorney 
WITNESS AT HEARING ON APPEAL 
The Veteran 
ATTORNEY FOR THE BOARD 
Rochelle E. Richardson, Associate Counsel 
    INTRODUCTION 
The Veteran had active military service from December 1968 to October 
1971. 
This appeal to the Board of Veterans' Appeals (Board) is from an April 
2008 rating decision of the Department of Veterans Affairs (VA) Regional 
Office (RO) in St. Petersburg, Florida. 
In that April 2008 rating decision, the RO denied the Veteran's petitions 
to reopen his previously denied, unappealed, claims for service 
connection for Type II Diabetes Mellitus and residuals of a head injury - 
concluding there was not new and material evidence concerning these 
claims.  However, the RO reopened his previously denied, unappealed, 
claim for service connection for a left knee disorder, though continued 
to deny this claim on its underlying merits.  The RO also denied his 
claims for service connection for peripheral neuropathy of the upper and 
lower extremities, a kidney condition, high blood pressure, a heart 
condition, a bilateral foot condition, a bilateral eye condition, facial 
skin cancer, a lung condition, depression, and venereal disease.  As 
well, the RO denied his claim for permanent and total disability and 
eligibility for Dependents' Educational Assistance. 
In his July 2008 notice of disagreement (NOD) with that decision, the 
Veteran contested the RO's denials of his claims for Type II Diabetes 
Mellitus, peripheral neuropathy of his upper and lower extremities, a 
kidney condition, high blood pressure, a heart condition, a bilateral 
foot condition, a bilateral eye condition, facial skin cancer, a lung 
condition, depression, the head injury, and a left knee condition.  In 
May 2009, the RO issued a statement of the case (SOC) concerning these 
claims and, in response, he submitted a timely substantive appeal (VA 
Form 9), perfecting his appeal of these claims to the Board.  38 C.F.R. § 
20.200 (2010). 

24 August 2011

New Discovery - 1979 Toxins Test on Patches - ACFT 362

Thanks to Prof. Jeanne Stellman of Columbia University, yesterday a newly-found document dating back to 1979 was released dealing with what seems to be the first known testing of Patches for contamination. As everyone knows, Patches was a stinker to fly...summer or winter, the dang thing smelled terrible! Many crew complaints in the period 1972-1979 and the difficulty getting crews to fly the aircraft up to scheduling expectations led AFMC to conduct an in-place examination for Agent Orange and other possible contamination...mostly, though, to simply STOP THE STINK!


Conducted in March of 1979 and written up in September 1979 by Staff Sergeant William Conway and approved by the commander of the Air Force Occupational and Environmental Health Laboratory, Report 79-59 summarized a request by the 439MAW clinic to investigate "Herbicide Orange and Malathion contamination". It reported the contamination present ("a black, viscous, odorous residue") but in amounts low enough not to be considered possible health hazards...and this was in consideration of 1979 levels of what constituted hazardous mounts. It notes the assignment of Patches to the 731st TAS in November 1972 as well as the airplane's use in Vietnam from 1965 until 1972 with the 12th Special Operations Squadron, spraying Malathion and Agent Orange.


The 1979 report also mentions a 1975 examination of residue taken from the airplane completed while the airplane was in depot maintenance at Dothan, AL.


Here's what is confusing: tests done in 1994 did show Agent Orange contamination. In fact, "heavily contaminated" was the summary of the analysis prepared by the Air Force using testing equipment twenty years more sophisticated!


The answer to this seeming contradiction was provided by Professor Stellman, who noted that the report looked for AGENT ORANGE and not dioxin, its poisonous component. Professor Stellman writes us:
The report does not measure TCDD (dioxin) - only the herbicides themselves, which would be expected to be much more volatile and dissipate much more rapidly than the TCDD - so there is no contradiction.
Thus, the 1994 report which examined Patches for dioxin contamination stands as accurate! Heavily contaminated! And so were the aircrews who flew her 1972-1982. Further, in the years after Vietnam it dawned on the scientists and medical professionals that any level of measurable dioxin was unsafe...if it was detectable in any concentration it was too contaminated for safety of those around it, and there is no question, after the decades of testing between 1994 and the final destruction of the fleet in 2010, that the C-123K/UC-123K aircraft were "extremely contaminated, extremely hazardous, extremely dangerous" (in the words of Air Force tests and federal court records!) Now let's hope the VA will finally "man up" and give us recognition for "boots on the airplane"! 

17 August 2011

State of Arizona Deceived During Boneyard Inspection

Dioxin-contaminated UC-123 Quarantine Area
In 2010 the State of Arizona Department of Environmental Quality conducted a site inspection of the famous Boneyard at Davis-Monthan Air Force Base. Prior to the inspection, base officials had been notified of the scope of what needed to be covered. In particular, hazardous materials needed to be identified to the inspectors.


Sign on Dioxin Contaminated UC-1232K
So it came as a bit of a surprise when in July 2011, one of the same officials who conducted the on-site inspection learned about the dioxin-contaminated UC-123K aircraft, all 21 of them stored in a special fenced areas within the already-fenced Boneyard, and with signs restricting entry. Base employees had been required to wear hazmat protection around the stored Agent Orange spray airplanes ever since 1998 to protect themselves from the contamination. Base employees had even filed an IG complaint about the dioxin contamination they'd been exposed to around the airplanes, a complaint which went all the way up to the Surgeon General of the Air Force for resolution.




Davis-Monthan officials conducted the Arizona DEQ officials around the Boneyard, but in July of this year this inspector found it quite surprising (enough to be taking to his boss) that they were never driven past the UC-123K...they were never told about or shown the largest collection of dioxin-contaminated aircraft in the world.


This inspector, careful of his departmental manners, didn't want to say that they'd been deceived or mislead, but in early August 2011 Arizona DEQ officials confirmed that the base was required to reveal the storage of exactly this type of threat to the environment but failed to do so. No note was made of the 21 planes at all in the written materials the base provided nor during the drive through the Boneyard which avoided them...the inspectors never even realized that the special UC-123 "quarantine area" (as the Boneyard officials themselves labeled it) had existed for many years!


Smelting UC-123 Planes - "the Navy Way...the Quiet Way!
Seems the efforts of AFMC, the 75th Air Base Wing and Davis-Monthan were successful over the years in keeping things low-key. All the way up to the dramatic destruction of the airplanes last year via an unrelated Navy disposal contract which, as Mr. Boor described it, was the "Navy way....the quiet way." Was that because of the possibility of a $3.4 billion fine as various AFMC memoranda point out?


09 August 2011

731st TAS Has it All Wrong!

John Harris and the other guys with the 731st TAS have it all wrong. They have for years tried to do an engine start the old-fashioned way...the Air Force way! Totally wrong.


Below, brave hearts of the 74th Aeromedical Evacuation Squadron show how its REALLY done. Man-up and lend a hand y'all, as the 74th shows you how to push-start a C-123! 'Course, it would have helped it they'd been pushing from behind, and if Arch hadn't had his foot on the brak
AME don't need no stinkin' start cart!