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

[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-