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NOTE:

VA Fast Letter 06-26.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

December 11, 2006

Director (00/21)

All VA Regional Offices and Centers

In Reply Refer To: 211A

Fast Letter 06-26

SUBJ: Haas v. Nicholson

This letter provides interim procedures for controlling claims affected by the U.S. Court of Appeals for Veterans Claims (CAVC or Court) decision in Haas v. Nicholson. The enclosure provides general answers to typical questions employees may receive during interviews or when answering telephones.

Background

On August 16, 2006, the Court determined that Vietnam veterans who served in the waters off Vietnam and did not set foot in Vietnam are entitled to a presumption of exposure to herbicide agents, to include Agent Orange.

This class of veterans is generally known as "blue water" Navy veterans; but any claim, regardless of branch of service, may be a Haas case.

Prior to this decision, VA's interpretation of 38 CFR 3.307(a)(6)(iii) was that a service member had to have actually set foot on Vietnamese soil or served on a craft in its rivers (also known as "brown water") in order to be entitled to the presumption of exposure to herbicides.

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