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 ...
Spread the word PING
That's great news!
L
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.
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Bump SA!!
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
That is a VERY good thing.
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.
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.
"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.
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. |
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.
"The government will promise the world but don't count on delivery."
You are "preaching to the choir" Brother
Welcome Home Brother
Perfect graphic to post there
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