Blue To Brownwater Navy Vet

[Berta]

http://www.va.gov/vetapp09/files2/0912803.txt

Fabulous case

“Regarding the first element, the record shows that the Veteran served aboard the USS Towers in Vietnam waters. Part of the ship's operations involved movement inside the DaNang Harbor. DaNang Harbor appears to be located on an interior river. The city of DaNang is surrounded by an interior bay, as opposed to having direct open sea access. The Veteran reported being only a few feet from the soil while aboard the USS Towers in the DaNang Harbor. The Board finds that the evidence shows service in the interior waters of Vietnam, and consequently, the Veteran meets the requisite Vietnam service for entitlement to a presumption of herbicide exposure. 38 C.F.R. § 3.307; Haas, supra.” this is the way for BWVs to prove Vietnam Service prerequisite.

[Berta]

Here is map of Danang Harbor- explains what the BVA said-

I dont know if the vet submitted any maps to explain where he was-but maps and pictures to support claims can be worth a thousand words.

[carlie]

Berta,

Good idea - I think my 2 tour RVN Vet should add this in with

his stressor letter and he was BOG.

What do you think ?

carlie

[Berta]

I dont see how this would help a 2 tour Vietnam vet unless he was Blue Water Navy,with presumptive AO disability, and need to prove he was in Vietnam or within interior waters in the Danang area.

I dont think this map would prove a stressor.???

[carlie]

Berta,

What I mean is for him to sit down with a copy of his map

and circle like in red, each area he was in and then put the

corresponding things that happened in those areas.

He has been a real pain in the azz about writing his danged stressor letter

and I think this might be a good way to get him off his butt.

carlie

[jbasser]

I have an AO Vet who has prostrate cancer and served on the Mars AFS-1.

It made several trips to Danang Harbor.

The VA denied his claim.

Now I think he has a Cue based on the information I read.

Thanks again Berta, you are truly a gem.

J

Edited September 14, 2009 by jbasser (see edit history)

[Berta]

Carlie- you might have to blow this up but it is upper area-Vietnam War Map-

a little more detailed than other map and the larger vills are named in it- it might trigger his memory-as to where the stressor was.

j Basser- if his AO claim succeeds (dont know why it would fail) his EED goes back to the date of original claim under Nehmer decision.

They might need more details as to the vessel he was on -and destination info-

[jbasser]

Berta, The Mars was an combat repleneshment chip and kept a hot trail from Japan to VietNam.

I am trying to get the ships movement information for the time he was aboard.

He has pictures of the ship in Danang Harbor and also pictures of swim call in Tonkin Gulf.

J

[Berta]

WOW Jbasser -those pictures could be worth a thousand words.

Is he in any picture or can he prove he took them?(they might even have date stamped on back)

Has he accessed his Unit on line to see in any info there?

Even if they have a reunion list -he could possibly find a buddy- for statement- yet- based on the BVA decision-

I dont see why he would need a buddy statement -

BVA decisions are useless as evidence to support other claims when they rely on medical evidence specific to the vet the decision is for.

In other cases however the BVA statements are legal assessments that can be used to support a claim.

[Berta]

That's MARS class AFS 1? and not 7?

[Berta]

Sorry of course it is AFS 1- this is a little help here-if the dates are right-per his TDY

http://en.wikipedia.org/wiki/USS_Mars_%28AFS-1%29

I dont trust Wikipedia all the time- will see what else I can find

[Berta]

Here is her web site -I think there is reunion list and also I think they publish a newsletter-

http://www.ussmars.com/page/page/1792121.htm

NARA might have the ship's entire history.