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Agent Orange And The Navy

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bobbyq

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. I represent a Vietnam Navy vet with health issues A/O related. His ship docked in Da Nang and the Veterans Administration themselves gave us proof of this action THEMSELVES. Further the veteran provided a letter from a fellow seaman attesting to the fact they did dock in Da Nang. The VA has denied the claim and we are going on almost two years back and forth. They say, I quote: We have weighed the evience submitted in support of your claim and have determined that there is conflicting information in your letter submitted by R Cellille and the response from USASCRUR. You submitted a letter by RC stating that he served with you in the Navy on the USS POWER. Mr. RC stated that the USS POWER docked for refueling DA NANG Harbor and anchored so that all you had to do was disembark by the gangplank. This information conflicts with the information verified by USASCUR which states that the USS Power anchored in DA NANG Harbor for seven hours and motor whaleboat operations were conducted from the ship to the beach with the Commanding Officer and other personnel aboard for briefings ashore. The evidence submitted does not show that you have in-country Vietnam service. The veteran should not have to put with this and he should be granted service connection. The veteran was there and it is documented! He has the medical issues related to AO! There is at least a plausible causality of his exposure and the burden of proof is met.

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You know my head must of been somewhere else, I cannot tell you how much I appreciate this additional help. Thank you. I have the USS Power at ANCHOR in Da Nang but the VA says I cannot prove that the sailor had feet on ground. The ship itself is grounded and present in the harbor and the sailor is part of the ship. What is the problem? To the best of my knowledge they did not put a tent apparatus around/over the ship so that it would not be contaminated by outside contact. I know that is stupid but that is basically what the VA is saying. Any comments? Thanks again for the information, I am on my way to the vet and show him what we have. Q

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  • HadIt.com Elder

My guess is that they gave no weight to the statement of the buddy letter because it contradicted what theNavy told them.

All of your questions can be answered by clicking on the link below. I did some research and found this law firm. Sounds to me like you need a lawyer.

http://www.attiglawf...-on-the-ground/

Edited by Hoppy
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You know my head must of been somewhere else, I cannot tell you how much I appreciate this additional help. Thank you. I have the USS Power at ANCHOR in Da Nang but the VA says I cannot prove that the sailor had feet on ground. The ship itself is grounded and present in the harbor and the sailor is part of the ship. What is the problem? To the best of my knowledge they did not put a tent apparatus around/over the ship so that it would not be contaminated by outside contact. I know that is stupid but that is basically what the VA is saying. Any comments? Thanks again for the information, I am on my way to the vet and show him what we have. Q

From everything I've read, when comes to the Navy personnel, they have to personally have feet on the ground at Da Nang. That can be as simple as getting a bottle of bourbon for the captain and it was only 5 minutes there.

I was in the Army so bear with me. Didn't you have to sign a log of some type when you went ashore either on or off duty? That would prove it if the log showed he left ship on the same day as ship was at port there.DaNang was a shipping point and the leaky barrels were stocked there.With the navy it's not a matter of spray in the air, it is the stepping on the leaky AO on the ground. Unless you flew in one of the converted spray planes or helicopters. Now if your ship had a helipad and the spray helos happened to have landed on the deck, there would be a record of that also.So unless his name is on that signoff log, good luck!! Mike

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The VARO did inform us OVER two weeks ago that our DRO decision would be coming. Still waiting, but I am hopeful we will prevail there. As previsously stated the air around us is not restricted and we are all breathing the same air. The ship docked. FACT He was on board. FACT It docked more than once. FACT He has the illness'es related to AO. FACT He has a buddy letter from a sailor on board that they docked and went off ship. FACT etc etc.

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  • HadIt.com Elder

Fact, they did not give weight to the buddy letter.

Fact, you need to present an argument proving that there were gangways.

Fact, the conditions associated with AO have numerous other causes. There are no conditions afflicting humans

on the AO list that are not suffered by people who have never been exposed to AO. People exposed to AO

suffer from these conditions at a higher rate than the general population. The fact that he has conditions on

the AO list is not cumlative evidence supporting other parts of the claim, Thus, you must prove exposure to AO.

Fact, if you are denied by the DRO the veteran would be better off with a lawyer,

http://www.attiglawfirm.com/blog/va-benefits/brown-water-vessels-and-boots-on-the-ground/

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