Blue Water Vets Ao

[Berta]

This issue comes up often on other sites and did last night when Mike Harris gave Hadit a big plug and they posted our Home Page again- at the SVR veterans broadcast-Stardust Radio-

http://www.nvlsp.org/Information/ArticleLi...svnicholson.htm

On August 16th, 2006 the USCAVC decision in Haas became Law of the Land.

Advocates were urged by NVLSP to inform any potential AO Blue Water veteran to file their claim ASAP if they had not done so already.

I had contact with Richard Spaturo(NVLSP) at the time and I passed this word to numerous vets orgs I deal with-my own POA got this news from me- they dont have internet access-

Spaturo also verified for me that AO Blue Water widows also were covered by Haas.

We knew what was coming- a Moratorium- because we knew VA would fight the Haas ruling and they did.

"Several weeks later, the VA appealed the Veterans Court’s decision to the U.S. Court of Appeals for the Federal Circuit. In addition, VA Secretary R. James Nicholson took steps last fall to make sure that no Blue Water Navy veteran would receive any VA benefits while VA’s appeal remained pending before the Federal Circuit. He ordered all VA regional offices and the BVA not to decide any claims filed by Blue Water Navy veterans while VA’s appeal remained pending, unless the veteran proved that he set foot on land in Vietnam.

One problem with Secretary Nicholson’s decision to impose a moratorium on VA decision-making is that the law does not allow the VA Secretary to impose a moratorium unless he first requests and obtains permission from the Court of Appeals for Veterans Claims to do so. Secretary Nicholson ignored this law by unilaterally imposing a moratorium without even asking for Court approval."

(quote From NVLSP link above)

The moratorium (stay) is not only illegal - it gave ROs no leeway to adjudicate Blue Water claims-unless the vet stepped on Vietnamese soil-and some Blue Waters, in fact, did.

When the Stay is lifted the ROs can proceed- IF Haas prevails-----

The NVLSP website which I check every day and also the Blue Water Navy web site will post the latest when this court case is resolved.

I was in the Gardner V Derwinski stay when I had a Section 1151 pending.

It gave me time to find and send to VA more evidence of malpractice.

If the vet stepped one foot on Vietnamese soil in any Blue Water AO claim and has a documented presumptive illness the ROs should be working on those claims-

I would think however that when the ROs heard of the stay ALL BWV AO cases were probably put on hold.

It seems to me that those AO Blue Water claims filed prior to the stay should be certainly adjudicated under Haas.Foot on land or not.

They were filed and pending when Haas became law of the land-for a short period of time-

but the arbitrary and illegal moratorium has stymied claimants and even the ROs from knowing what to do so they are probably doing nothing and are just waiting- like all of us with great concern over Haas- for the Fed Court to make a final decision.

Every AO claim is unique in many respects as to Nehmer decision (whish will HAVE to apply to any Haas Blue Water awards) Nehmer means $$$$$$ with retro rules unlike all other disability claims-and this too must factor into the big picture.

The Gardner Stay did not involve a lot of claimants.Only current Sec 1151 VA claimants.It was over in a few months.

Blue Water vets could add up to thousands when you consider the amount of sailors in the 7th fleet and/or the South China Seas during the Vietnam War.As well as other branches of service in support ops of the Naval ones-from Arc Light to Dixie Station.

The fundamental problems with Haas involve money.

Haas-if it succeeds in the fed circuit court-will open the door -in my opinion- for Laos, Thailand, Guam and Okinawa veterans with presumptive AO conditions.

VA knows how crucial and costly Haas will be.

Too bad- these vets MUST be compensated for their exposure to a deadly herbicide during their service that has caused them disabilities.

Edited August 23, 2007 by Berta