Agent Orange Appeals

[rthomass]

In light of the recent Haas V. Nichoson decision by the Court Of Appeals for Veterans Claims is it possible to file a request for reconsideration with the Board of Veterans Appeals after an appellant has filed a notice of appeal with the Court of Appeals for Veterans Claims?

[Berta]

rthomas -are you a Blue Water, Laos, Thailand or Cambodian vet who has a claim regarding AO?

If so , I will PM or email you-from the board-

Do you have a docket number yet at the CAVC?

The AO Blue Water electronic vets are in a fluid situation- I get updates on it-

I am waiting for NVLSP's response to Taura King and she, Colonel Dan, Mike H. ,or Ray B. Davis will fwd it to me.

Blue Water Navy at http://bluewaternavy.org/updatelog.htm

is going to post all updates too.

[Stretch]

I filed my AO VARO Nods (several) about a week ago with the Haas vs. Nicholson decision as reference. I am Blue Water VSM, so I will be able to get some current reactions from the VARO, and post them. My Nods, made it right under the 60 limit. I waited as long as I could.

I will expect the VARO to give some pretty lame answers to this AO issue for a while. I am on the front line.

My other claims (1 AO) went through the BVA, then to AMC (3 months), and are now back at the VARO.

[Berta]

Mike- great-

this is what Blue Water vets MUST DO right away-

NVLSP says- dont file a CUE -

Any claim of any vet who received the VSM and had offshore service off the Republic of Vietnam from January 9,1962 (the Vietnam War dates have recently been changed also)

to May 7th 1975, whose service was not limited to a Fly Over

should argue under Haas- just as you did -good for you Mike-

and also argue (I have done this for Blue Waters too)

that prior M21-1 provisions under APA 5. USC, 706 (2) (a)

did NOT allow public comment and advocates and vet orgs were unable to prevent the newer M21-1 version and therefore that provision was promulgated as unlawful.

As NVLSP has stated this past Thursday- this Haas decision is the "Law of the Land".

So far- if VA attempts to overrule- they will have a Smith V Nickolson situation.

ALL Blue Water vets and widows of those vets MUST file or re-open their claims immediately as you did!

NVLSP says use the Haas decision as Mike here did as well as the M21-1 provision-

Denied or pending claims at BVA, CAVC------if you are in this category-

read page 3 of the NVLSP statement very carefully-as to what you must do---

No CUES- these are new and re-opened claims.

Your retro and EED will be determined as to how it falls within Nehmer Stipulation--for re-opens.

Pull out your past decisions now and the rating narratives -you sure might need them if you have presumptive AO condition but were denied due to the no foot on land crapola.

That is Done for.

This could cost VA Mega bucks on retros. Depends on how they will implement Nehmer Order.

Mike you might become a very rich man-and that would be WONDERFUL!!!!!!!!!

Edited August 26, 2006 by Berta

[rthomass]

rthomas -are you a Blue Water, Laos, Thailand or Cambodian vet who has a claim regarding AO?

If so , I will PM or email you-from the board-

Do you have a docket number yet at the CAVC?

The AO Blue Water electronic vets are in a fluid situation- I get updates on it-

I am waiting for NVLSP's response to Taura King and she, Colonel Dan, Mike H. ,or Ray B. Davis will fwd it to me.

Blue Water Navy at http://bluewaternavy.org/updatelog.htm

is going to post all updates too.

Yes Berta I have my Court of Appeal for veterans Claims docket # ( I am still within the 120 day window) I am a 20 Year retited Air Force Veteran. I was stationed at Nakhon Phanom Royal Thai Air Force Base from August 1969 to August 1970.

[Berta]

RThomas- couldnt PM you- for some reason-

Thailand vets- 1964-65 -have won AO claims- just realised more than I thought but not many-

due to Defense Dept records that proof spraying occured there.

If you have the VMS on your DD 214, NVLSP recommends using the info I posted here today-

regarding any AO vet with BVA or CAVC in progess.

[rthomass]

RThomas- couldnt PM you- for some reason-

Thailand vets- 1964-65 -have won AO claims- just realised more than I thought but not many-

due to Defense Dept records that proof spraying occured there.

If you have the VMS on your DD 214, NVLSP recommends using the info I posted here today-

regarding any AO vet with BVA or CAVC in progess.

Yes Berta I received both the Vietnam Service Medal as well as the Vietnam Campaign Medal. The real question is can I file a motion to reonsider with the BVA while I have an appeal pending with the Court?