- From: Wes Carter [mailto:c123kcancer@gmail.com]
Sent: Friday, March 15, 2013 8:34 AM
To: Sinks, Tom (CDC/ONDIEH/NCEH) Centers for Disease Control and Prevention
Cc: brooks_tucker@burr.senate.gov; Birnbaum, Linda (NIH/NIEHS) [E]; White, Will (Merkley); Carly Katz; Arnold Schecter
Subject: VA mischaracterized ATSDR C-123 report
Dear Dr. Sinks,
Good morning. Thanks for the very hard work ATSDR has done on Camp Lejeune...what a difficult study!
Despite the input of your letter my VA claim was denied yesterday, after years in the mill. It had been recommended for approval by the Portland VARO, which has final authority, but they sought an opinion from VA HQ, the Division of Compensation Services. The director, Mr. Tom Murphy, on 25 Sept 2012 recommended denial of my claim with his following paragraph summarizing your finding:
"A letter from Thomas Sinks, PhD, Deputy Director of the National Center for
Environmental Health and Agency for Toxic Substances and Disease Registry, dated
January 25, 2012, noted that he could not exclude inhalation exposures to TCDD, the
toxic substance in Agent Orange, in C-123 aircraft by crewmembers. However, he stated
that the "information available is insufficient to establish with accuracy the degree of
exposure (low or high) or the risk of adverse health effects to this population. However,
it is important to note that even precise environmental or biologic testing data are not
predictive of adverse health effects in any individual." In summary, there is no
conclusive evidence that TCDD exposure causes any adverse health effects."
Not mentioned in his summary of your finding was your conclusion that crews were exposed. The inclusion of the final sentence in that paragraph twists your finding and implies YOU summarized there is no conclusive evidence of TCDD being harmful. Mr. Murphy, in this letter, explained that input from scientists such as Dr. Stellman was not acceptable because they are not physicians.
I met with Mr. Murphy at this office in Washington and read this material to him. Understandably, he said he could not be familiar with everything leaving VA over his signature. He did not retract, modify or change anything, however. In November, I wrote to bring the sentence to his attention, without response. At that meeting we were also advised that expert opinions from federal agencies, VA physicians, scientists, universities...nothing can be used to support any C-123 veterans' Agent Orange exposure claim because the VA's Veterans Health Administration has already ruled that C-123 TCDD exposure could not occur.
What a mess. Mr. Murphy's staff advised an appeal can be forwarded to the Board of Veterans Appeals, but with less than a two year life expectancy the BVA five year wait seems far, far off on a distant horizon. Other C-123 veterans also got their claim denials this week, apparently based on the VA definition of "exposure" and concluding we don't met their definition. A friend's claim was denied with the VA conclusion that he hadn't served in Vietnam and that a VA regulation exists prohibiting service connection for C-123 aircrews.
Thanks again for your work for veterans. I think combat is easier.
Sincerely,
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