HadIt.com Elder fanaticbooks Posted January 14, 2011 HadIt.com Elder Share Posted January 14, 2011 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. Link to comment Share on other sites More sharing options...
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