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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Chuck75

A.o. & Da Nang Harbor

Question

BVA ruling that Da Nang Harbor is an INLAND Waterway and presumptive.

The VA always considered the U.S.S. Oklahoma City as a "Blue Water" ship and Da Nang Harbor as "Blue Water"prior to the ruling.

http://www4.va.gov/vetapp09/files5/0941678.txt

Citation Nr: 0941678

Decision Date: 11/02/09 Archive Date: 11/09/09

DOCKET NO. 04-00 250 ) DATE

Extracts

THE ISSUE

Entitlement to service connection for diabetes mellitus type

II, to include as due to herbicide exposure.

It is undisputed that given the guidance in VAOPGCPREC 27-97,

if the Veteran's service had been limited to service on the

U.S.S. Oklahoma City outside the territorial boundaries of

the Republic of Vietnam, the presumptions contained in the

regulations would be inapplicable to his case as he would not

have met the criteria for service in the Republic of Vietnam.

However, in the instant case, the Veteran's service was

conducted on a ship that frequently anchored in a harbor

within the territorial borders of Vietnam. The evidence of

record clearly shows that Da Nang Harbor is well sheltered

and surrounded on three sides by the shoreline of Vietnam.

The harbor is nearly totally surrounded by land and that the

entire harbor is located within the territorial boundaries of

Vietnam. As such, given the location of the harbor as being

surrounded by the land on three sides and the evidence that

the harbor is within the territory of Vietnam, and resolving

all doubt in the Veteran's favor, the Board finds that Da

Nang Harbor is an inland waterway for the purposes of the

regulation.

CONCLUSIONS OF LAW

1. The conditions of the Veteran's service meet the

requirements for service or visitation in the Republic of

Vietnam during the Vietnam era. 38 C.F.R.

§§ 3.307(a)(6)(iii), 3.313(a) (2009).

2. The Veteran's diabetes mellitus is presumed to have been

incurred as a result of the Veteran's exposure to Herbicide

during service. 38 U.S.C.A. §§ 1110, 1116 (West 2002); 38

C.F.R. §§ 3.303, 3.307, 3.309 (2009).

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2 answers to this question

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A decision......................................................long overdue.

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A decision......................................................long overdue.

Hallelujah......it's about time. Let's hope this decision will set a precedence where indicated.

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