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Haas V Shinseki

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Berta

Question

Although the Supremes would not hear Haas, and although the precedent-setting CAVC decision that Blue Water Navy AO vets hoped for-did not occur- Commander Haas's case is on remand at the BVA and contains an impetus for any BWV who can possibly prove direct SC of their disability -if not presumptive.

The remand in part:

"The Court agrees with the Secretary's concession of error. In its decision here on appeal, the

Board concluded that "[t]he appellant's service medical records are silent as to diabetes." R. at 5.

The Board's conclusion lacked an adequate statement of reasons or bases because it failed to address

the relevant SMRs noted above, and the decision frustrates judicial review. See 38 U.S.C. § 7104(a)

(requiring Board decision to be based on consideration of all evidence and material of record);

38 U.S.C. § 7104(d) (requiring Board decision to include reasons or bases for findings and

conclusions on all material issues of fact and law presented on the record); Allday v. Brown,

7 Vet.App. 517, 527 (1995) (holding that Board's statement must be adequate to enable a claimant

to understand the precise basis for its decision, as well as to facilitate review in this Court). Because

the Board's statement of reasons or bases is inadequate, remand is appropriate.

----------------------

The Commander clearly had noted in his SMRs tht he had abnormal glucose readings.This facet of his claim was obscured by the fact that he claimed presumptive AO SC and this part of his claim was what got so much attention in the advocacy community.

I think there are other members here of BWNVVA.

We had stunning defeats and did all we could to see Haas prevail for ALL BWVs.

But- the Haas remand shows that every BWNV MUST try to consider anything at all in their SMRs that could lend to a direct SC basis whether the disability is on the AO list or not-

not always possible but then again Nothing is impossible-

I was reading some info the other day from our der deceased member Jennie LeFevre (Agent Orange quilt of Tears)

A veteran herself she was denied DIC many times as her husband -an AO vet-had suffered and died from effects of an adenocarcinoma - a cancer not on the AO list.

Jennie proved that this condition had its true etiology in her husband's lung cancer-of a soft tissue sarcoma type ( which WAS on the AO list)

It just goes to show that diligence can pay off and BWN vets cannot give up. They cannot depend on Haas anymore for any precedental decision but need to fully access ALL iof their inservice military records to see if there is any basis for a direct SC award regarding AO or not.

Edited by Berta
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My Opinion

This Haas dilemma is created because the Board made the Supremes look like total idiots. Thus the reason for Supremes Silence on the issue. This will not go away. The Supremes will constantly have to look back at Feres, as long as BWV (Blue Water Veterans) live. Feres was just one guy, but Haas is a whole class.

Every time the Supremes deny their part in causing this problem, they further look like stooges for the chemical empire, the Army Generals (who are trying to sub-class Navy Vets), and injustice. Either the Supremes are going to have to reconsider Feres or they are going to seriously have to look at the BWV class exposures and issues.

It is possible laws will have to be rewritten to pay off Civilians that are damaged in our wars, as a consequence of the war, through negligence with lethal decisions of our leaders to expedite that war. This would make war counter productive.

If these war time civilians win in the World Court, it will make the USA look like a lawless uncaring country. Our BWV will have less justice than our counter parts in the war.

Haas will win, on remand, so that he will just go away. This whole problem is be treated in a ridiculous manner.

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