Brief For Uscavc

[rthomass]

I need a copy of a brief that anyone has prepared for the United States Court of Appeals For Veterans Claims. I have a copy of how to do it from the CAVC but a working layman copy would be of immense help.

[rthomass]

Berta just a short memo : 1. I referenced 0ne direct buddy letter and at least four letters that cited use before and after I was there. Of course I used Preismman's Checo report and the Air Force letter to Senator Layne Evans. I developed NHL, Hypertension, problems with my left eye, had a heart operation in July due to a clot the size of a thumb. (This was the result of an implanted in my upper left chest; the probe caused the clot.)

I am going to let Karl proceed to the CAVC; but unfortunately only GOD could win this one.....Yes I am from Louisville, Kentucky where the SOB Parker was a supervisor for the DAV....I did one thing right a few years ago , I fired them.

Betrta, Thank You for allowing me to vent. GOD bless to all

Randall

[Randyhol]

I am an attorney, with no prior experience in USCAVC cases, who is representing a vet on a pro bono basis. My client seeks compensation for diabetes arising from Agent Orange exposure.

Can you provide me any more information, case citation, other information relating to the Alaska vet matter you mention? My client was in Alaska and his matter could be identical to the one you refer to.

Thanks in advance. Since I am new to this Board, I am not sure where replies go to. Should I provide private email address to help with exchange of information?

Randy Holliday

I think there are plenty of good lawyers-for CAVC claims-

I dont have a lawyer so cant really give first hand recommendations.

But successful resolve of any VA claim depends on one main thing-evidence.

I believe this was a AO exposure in Thailand claim-you have- outside of the -so far- DOD documented usage timeframe of AO?

In cases like that- buddy statements can be often only way to prove exposure to AO and also the MOS is taken into consideration.

The Okinawa AO win involved detailed account of the Hayes dispenser etc.

The AO Alaska vet proved he was exposed when the Army sprayed AO around part of the pipeline.

[carlie]

Bump to Berta.

[Pete53]

Randy:

Welcome to Hadit and thank you for helping a Veteran with their claim. If you develop an interest there is probably a very good business for lawyers to help Veterans cause the VA is so slow a lot of back pay is usually on the table.

Good Luck

[Berta]

Gee-I might even know the vet who you are representing.We have some Alaska vets as regulars at SVR show-(Stardust Radio) I am hosting the show tomorrow night- check out the promo here)

I have not seen the decision at the BVA web site yet- it was an AMC decision and might not get there at all-

One thing is for sure Randy- these types of AO claims must have proof of direct exposure to Agent Orange.

In the AMC decision the evidence listed was a newspaper article that the US Army Corps of Engineers had used AO along a certain small portion of the Alaskan pipeline.

I discussed this case with one of the lawyers at NVLSP (Rick Spaturo I think) and he was as baffled by it as I was.

There must have been more to the evidence that what the AMC decision held-

I assume (and dont see how this vet succeeded without this)

that the vet proved either by his MOS or by buddy statements (or by both) that he was in direct contact with the AO from the spraying done by the Engineer Corps and that he proved he was there at same time frame- at this specific swath of land near the pipeline.

An Okinawa vet proved he had cleaned the Hayes dispensers- (direct contact with AO- these were the actual sprayers they used)and there are a few other awards at the BVA for AO comp for service and exposure outside of Vietnam and outside of the limited Korea DMZ AO regs.

http://www.mindfully.org/Pesticide/2003/Ag...anks22jun03.htm

The Alaska USA Engineer spraying story is at this above link.

[Berta]

PS Randy-could you post your email addy here or in your profile thing?

I have an Alaska Army vet with claim due to AO exposure who has a lot of info he wants to share.

I will send you his phone number-as he has disability which makes email typing difficult.

He knows of the other Alaska vets who have possible AO disabilities.