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]

I dont know about how that would work-----I think you should ask your vet rep and if they don't know-contact NVLSP

via http://www.nvlsp.org/

[Berta]

1968-

what I meant re: Smith V Nicholson is that-

say VA fights this decision-

Haas is Law if the Land until anything could reverse it-

All vet reps and advocates MUST get those claims re-opened or new claims filed before there could be any potential Stay Proceeding.

I am looking at Bilateral Tinnitus in this way-regarding this new situation-

some of those vets were awarded as I recall- up to a specific date-

Look at the ticker on the US CAVC web site today-

Also see Dingess and Hartman- one search I just did on this case referred me right to the new Haas situation-

The Court (CAVC) is trying to get this info out to vets who are affected--

I dont have the time to explain what I meant-

my point is that Blue Waters have to file new claims or re-open- and their widows-

BEFORE the Haas decision is fought against by the VA.

Bilateral Tinnitus vets- are either in a Stay status or -due to the CAVC decisions on that- are included or excluded by date of claim-

Blue Water vets and widows affected by HAAS HAVE TO ACT FAST. So they aren't in sameo sameo status-

The transmission of NVLSP's statement on this that I posted here yesterday is quite clear that time is of the essence.

Any affected vet at the CAVC or the BVA who is this situation MUST see their vet rep.

The NVLSP statement is here for them to copy and take with them to their vet rep.

It tells how that situation will be handled regarding Blue Waters already on appeal.

If a Blue Water has the VSM (or in some case the AFEC) and were denied in the past for any AO presumptive condition-they must see their vet rep ASAP and bring the NVLSP statement with them.

No Fly overs, fly overs need proof of stepping on Nam soil.

(which doesn't make sense because the AO was sprayed from planes)

I would think that since Low altitude hand spraying from choppers however had to involve one foot on land--- these vets have to tell the VA like they are 10 years old that

their MOS obviously involved landing in or leaving LZs in Nam if they are denied on that basis.

Edited August 27, 2006 by Berta