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Court Expands Coverage for Vietnam Vets
Military.com ^ | August 22, 2006 | Terry Howell

Posted on 08/27/2006 5:01:13 PM PDT by 68-69TonkinGulfYachtClub

The U.S. Court of Appeals for Veteran Claims has announced a landmark decision in the case of Haas v. Nicholson. This ruling could directly affect thousands of disabled Vietnam-era Navy veterans.

The Court's ruling states that Veterans Affairs requirement for “boots on the ground” as the definition of “service in the Republic of Vietnam” is unreasonable, and does not align with Congress's intent. In addition the law does not limit application of the presumption of service connection for herbicide exposure to those who set foot on the soil of the Republic of Vietnam. The Court cited that the law defines “service in the Republic of Vietnam” as including “service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.”

(Excerpt) Read more at military.com ...


TOPICS: Extended News; Free Republic; Government
KEYWORDS: lawsuit; navy; va; vietnamveterans
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1 posted on 08/27/2006 5:01:14 PM PDT by 68-69TonkinGulfYachtClub
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To: xzins; CMS; The Sailor; txradioguy; Jet Jaguar; Defender2; OneLoyalAmerican; bkwells; blacklions; ..

Spread the word PING


2 posted on 08/27/2006 5:02:36 PM PDT by 68-69TonkinGulfYachtClub (Have you said Thank You to a service man or woman today?)
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To: 68-69TonkinGulfYachtClub

That's great news!


3 posted on 08/27/2006 5:05:35 PM PDT by BykrBayb ("We will not be silent. We are your bad conscience. The White Rose will give you no rest." Þ)
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To: 68-69TonkinGulfYachtClub
Kerry will probably put himself in for a 4th Purple Heart because of this.

L

4 posted on 08/27/2006 5:05:54 PM PDT by Lurker (If you want peace, prepare for war.)
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To: 68-69TonkinGulfYachtClub; devolve; PhilDragoo; bitt; Smartass; Seadog Bytes
Bump Tonkin!


5 posted on 08/27/2006 5:25:12 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: potlatch; ntnychik; PhilDragoo; OXENinFLA; bitt; La Enchiladita; JustPiper; Cindy; MamaDearest; ...
Source
Court Expands Coverage for Vietnam Vets
Military.com  |  By Terry Howell  |  August 22, 2006
The U.S. Court of Appeals for Veteran Claims has announced a landmark decision in the case of Haas v. Nicholson. This ruling could directly affect thousands of disabled Vietnam-era Navy veterans.

The Court's ruling states that Veterans Affairs requirement for “boots on the ground” as the definition of “service in the Republic of Vietnam” is unreasonable, and does not align with Congress's intent. In addition the law does not limit application of the presumption of service connection for herbicide exposure to those who set foot on the soil of the Republic of Vietnam. The Court cited that the law defines “service in the Republic of Vietnam” as including “service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.”

According to court documents the unclear nature of the policy was further demonstrated when Secretary Nicholson was asked to apply the regulatory interpretation in the case of a veteran who served in the waters off of Vietnam, in water where his feet did not touch the seabed, versus a veteran who was in the waters where he was able to touch the seabed, he responded that neither veteran would be entitled to the presumption because the regulatory definition is limited to those veterans “who set foot on land, if you will boots on ground, not touching the ocean floor.” When later asked if there was a difference between the case of a veteran who served on a vessel floating up a river - which, according to the Secretary's argument, could be miles wide - who never touched land within the Republic of Vietnam, and a veteran who served on a ship within 100 feet of the shoreline who never touched the land, the Secretary simply responded, without rationale, that the latter form of service would not warrant application of the presumption of service.

The Court's opinion further states that VA's regulation defining “service in the Republic of Vietnam” is ambiguous and that VA's interpretation of the regulatory term “service in the Republic of Vietnam,” allowing the application of the presumption of exposure to herbicides only to Vietnam-era veterans who set foot on land, is “inconsistent with longstanding agency views, plainly erroneous in light of legislative and regulatory history, and unreasonable, and must be SET ASIDE.”

Note: The Court also found that the VA changed the Adjudication Procedure Manual to exclude receipt of the Vietnam Service Medal (VSM) as a definition of “service in the Republic of Vietnam” in 2002. The Court's decision may force VA to rethink this policy change.

The elimination of the requirement for “boots on ground” will mean that Blue Water Navy Vietnam veterans can now file claims based on service in the Republic of Vietnam including “service in the waters offshore.”

This decision may open the floodgates to millions of Vietnam-era disability claims. Navy Vietnam veterans are encouraged to contact their local Veterans Service Officer as soon as possible to determine if they are eligible to receive disability benefits based on this ruling.

Sound Off...What do you think? Join the discussion.

 

 

 


6 posted on 08/27/2006 5:40:22 PM PDT by Smartass ( The stars rule men but God rules the stars)
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To: Smartass

Bump SA!!


7 posted on 08/27/2006 5:42:15 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: Lurker
" Kerry will probably put himself in for a 4th Purple Heart because of this."

Me thinks The Snake has enough medals; some mayhaps not deserved and others, like this one, most definitely, apropos, for this traitorous, bottom feeding, rat bastard.

And if you really want to know what I think of our "hero," well, never mind, as I am trying to have a nice enjoyable evening, sipping a glass of burgundy and don't want to unnecessarily elevate my BP and add any more gray hairs than I already have with the stress that this a-hole has caused me and so many others over the years.

But tomorrow...... lol

kerrysothermedals2

8 posted on 08/27/2006 5:43:35 PM PDT by seasoned traditionalist (ALL MUSLIMS ARE NOT TERRORISTS, BUT ALL TERRORISTS WHO WANT TO DESTROY OUR COUNTRY, ARE MUSLIMS)
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To: 68-69TonkinGulfYachtClub; Diva Betsy Ross; AZamericonnie; Just A Nobody; Deetes; Lijahsbubbe; ...
Court Expands Coverage for Vietnam Vets


Ping!
9 posted on 08/27/2006 5:47:33 PM PDT by Gucho
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To: 68-69TonkinGulfYachtClub

That is a VERY good thing.


10 posted on 08/27/2006 5:57:07 PM PDT by Mike Darancette (This space for rent.)
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To: Smartass
If you served at Fort Rucker, Alabama, or Fort McClellan, Alabama, you were exposed to Agent Orange.

Period.

End of story.

They trained just about 100% of the women in the US Army for several critical years during the Viet Nam War.

11 posted on 08/27/2006 6:16:25 PM PDT by muawiyah
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To: 68-69TonkinGulfYachtClub; Smartass; Coop; ALOHA RONNIE; Calpernia; Congressman Billybob; ...
I'm glad for EVERY Vet who justly receives appropriate benefits--but I'd be much happier if CONGRESS were to enact or amend legislation, than any court doing this...the less latitude We The People leave to the courts, the better!

Another United Nations Power Grab Expected

The United Nations is expected to pass an international treaty that will give disabled people more rights. The idea is to replace charity with rights to be enforced by an international government.

12 posted on 08/27/2006 6:20:52 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: Smartass

So, let's this straight, those of us who were posted to and flew our aircraft from land bases qualify, but naval aviators and crews who flew from carriers don't. Brillant! What if they caught a mail plane or otherwise got to a weekend on the beach, does the moron VA Sec. appointee consider that as qualifying? This appointee deserves a place on the Wall of Shame with the guys who have mismanaged FEMA.


13 posted on 08/27/2006 6:34:32 PM PDT by middie
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To: The Spirit Of Allegiance

"The United Nations is expected to pass an international treaty that will give disabled people more rights. "

If I recall correctly I read today that the US encouraged this but won't sign the treaty because we already have laws in place to cover this.


14 posted on 08/27/2006 6:47:08 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: The Spirit Of Allegiance; middie
I'm sure we can think of numerous places to spend government money, but none could be better spent than investing in our vets.   IMO, our vets can never get paid enough to go to war to defend our country, and the least among other things, should be unfettered, first class lifetime medical.   To say the least, vets should be cared for by congressional legislation other then by the courts.

 

15 posted on 08/27/2006 6:50:32 PM PDT by Smartass ( The stars rule men but God rules the stars)
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To: muawiyah
Exactly. They've done a terrible job with our vets,
who surely merit much better long term treatment.

 

16 posted on 08/27/2006 6:56:38 PM PDT by Smartass ( The stars rule men but God rules the stars)
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To: Smartass
"The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge

A little louder:

our vets can never get paid enough to go to war to defend our country, and the least among other things, should be unfettered, first class lifetime medical. To say the least, vets should be cared for by congressional legislation other than by the courts.

AMEN. THANK YOU VETS!

17 posted on 08/27/2006 7:07:24 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: 68-69TonkinGulfYachtClub

Doesn't mean crap. Same as "help is on the way."

In early May of this year I got the prostate cancer diagnosis. Being a card carrying agent orange veteran (RVN 65-68), I sent VA the lab report, doctors report, DD-214, etc, Since then I've had the surgical procedure.

VA says case is still pending and I may have to see a VA doctor. This is a no-brainer and VA can't handle it.

THe medication I was on as a result of the cancer bumped meinto diabetic status. Another request to VA. I'm not holding my breath.

A presumptive assumption is made for both protate cancer and diabetes if exposed toagent orange. Maybe after you're dead.

I attend continual hokey meetings where VA is right up front telling everybody how they'll handle mass casualties after a terrorist attack. Fat chance. They can't handle veterans.

The government will promise the world but don't count on delivery.


18 posted on 08/27/2006 7:12:43 PM PDT by satan
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To: satan

"The government will promise the world but don't count on delivery."

You are "preaching to the choir" Brother

Welcome Home Brother


19 posted on 08/27/2006 7:30:03 PM PDT by 68-69TonkinGulfYachtClub (Have you said Thank You to a service man or woman today?)
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To: potlatch


Perfect graphic to post there


20 posted on 08/27/2006 8:03:07 PM PDT by devolve (fx 9125_AMERICANS_KILLED_2003_BY_ILLEGALS MEX_ILLEGAL_GOT_911_TERRORISTS_ID NO_NUEVO_TEJASquired)
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