22 September 2014

VA Orders Claims Officials to Ignore C-123 Scientific Evidence

​The undated document shown below, titled C-123 Agent Orange Talking Points, was released on September 19 by VA Office of General Counsel under our FOIA lawsuit. It is a virtual dismissal order from VA leadership of any and all scientific evidence a veteran can submit to prove a C-123 exposure claim. That's right...in advance, VA tells its staff nothing a C-123 veteran submits can help a claim.

No due process. No notice even of VA's own rules and regulations. No honoring assurances from VA to the Senate that claims will be evaluated, if not with presumptive eligibility, at least for their own merits.

We note with dismay VHA's instructions that no amount of scientific evidence can be considered to overcome...or balance, "VHA scientific data showing no bioavailability." "Insufficient" is VA's judgement, even before the veteran's claim is submitted.

We note that VA did not remind its readers that the law makes no mention of bioavailability, but only of exposure. This amounts to denial of our rights to, as the empty promises put it, "a case-by-case evaluation."

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