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Blue Water Vet Succeeds At Bva Under
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Berta
Haas was law of the land for a limited period of time.Advocates were urged to network all vet orgs to make sure Blue Water veterans had filed claims in this time frame- as they had to be adjudicated under Haas.
Haas also was to cover- as law- even though a temporary law- all pending claims.
This claim is a GREAT example of how that is supposed to work:
http://www.va.gov/vetapp07/files2/0714786.txt
Blue Water vet in receipt of the VSM-no 'boots on Nam' ground-
service connected granted July 2007- due to Agent Orange exposure.
The decision in part states:
"The central issue to this claim is whether or not the
conditions of the veteran's service constituted service in
the Republic of Vietnam as contemplated by the regulations
concerning herbicide exposure. According to Haas, for
claims such as this one [filed prior to the February 27, 2002
changes in VA M21-1, Part III, paragraph 4.08(k)(1)]
"'service in Vietnam' will be conceded" if a veteran's
records include receipt of the Vietnam Service Medal. See
Haas, 20 Vet. App. at 260-261"
It is very gratifying to me to see that the BVA is actually fulfilling these BWV claims under the Haas regs.
All of this could change if the VA successfully reversed Haas.
It would be terrible but those claims filed already that fit into the above Haas criteria should succeed.
Edited by BertaLink to comment
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