Claim At Court Appeals-Ship Added To Presumptive List Nov 25,2014

[derenick52]

Hey All,I have been Helping the Widow of my Best friend from Navy with his Agent Orange claim since he died in 2012,He filed for Both Presumptive and Direct Service connection-Exposure to Contaminated equipment taken aboard at several ports,The Regional office and Bva would NOT address the Direct service connection,the Bva denied the claim about a year ago-Our ship was in the Category 3 list since January 2012.We went on to Court of Appeals-they are arguing ERROR in neglecting the Direct service connection claim. This last week bluewaternavy.org posted a VA Update list Nov 25,2014-our ship was NOW put In Category 2 ALSO-Entered Inland Qui Nhon Bay/Harbor,The Category 3 list included Da Nang,Vung Tau and,Cam Rahn bay.The attorney at Court of Appeals told me that Our ship was NOT on CATEGORY 2 List at time of BVA ruling,Therefore there is a PROBLEM,the Court of Appeals only deals with VA Errors-Our ship should have been PUT on Category 2 list 3 yrs ago-as the Deck logs for the Category 3 dates cross over with Category 2 dates-enroute from Da Nang to Qui Nhon same date-WOULD THIS BE A ERROR-? The Attorney said he is going to ask the VA To settle but to not get hopes up yet,POSSIBLY A CUE CLAIM IF ALL DENIED-??? Any input appreciated,Thanks

[Vync]

I don't know much about the categories, but it sounds promising. There are many members here who know a lot more about this than me. My father was boots on the ground in Cam Rahn bay and we are working on his claims too.

Did the attorney ask to settle before or after the ship was changed to category 2? If category 2 is the cutoff, being changed from 3 to 2 should change the circumstances.

Good luck!

Edited December 3, 2014 by Vync

[JT24usn]

Only other thing to look at is that some ships have specific dates of docking. If vet wasn't on the ship at that time it could be a problem. Jmho

[Berta]

Can you give us a hyper link to the BVA case or give us the Citation number and Docket number?

BVA cases are public knowledge.But no names etc.

US CAVC cases are fully public. Can you givve us the widow's name and her lawyer's name and the date of the CAVC decision?

. "This last week bluewaternavy.org posted a VA Update list Nov 25,2014"

I am a member of Blue Water Navy VVA

"-our ship was NOW put In Category 2 ALSO-Entered Inland Qui Nhon Bay/Harbor,The Category 3 list included Da Nang,Vung Tau and,Cam Rahn bay.The attorney at Court of Appeals told me that Our ship was NOT on CATEGORY 2 List at time of BVA ruling,Therefore there is a PROBLEM,the Court of Appeals only deals with VA Errors-"

That is correct. The CAVC does not have jurisdiction over this, at this point.

"Our ship should have been PUT on Category 2 list 3 yrs ago-as the Deck logs for the Category 3 dates cross over with Category 2 dates-enroute from Da Nang to Qui Nhon same date-WOULD THIS BE A ERROR-? The Attorney said he is going to ask the VA To settle but to not get hopes up yet,POSSIBLY A CUE CLAIM IF ALL DENIED-??? Any input appreciated,Thanks"

This is either a CUE in a BVA decision, or a possible 38 CFR 3.156 scenario.

"he Attorney said he is going to ask the VA To settle"

Who is the attorney and who is the VA...doea he mean the BVA????

And what is the Ships name?

Has the widow contacted Carol Olzenacki or John Rossie (BWNVVA) yet?

[Berta]

I just remembered Carol is in DC this week and I think JR is too (fighting for Blue Water Navy Veterans)

CUE is like the Watergate Question...what did they know and when did they know it....

And 38 CFR 3.156 is the opposite ...they knew or should have known,,, etc...regarding newly discover service records....

I am not sure how the attorney will handle this....a Very unique situation....

I assume the widow substituted herself as the claimant when he died? and also filed for DIC ????

[Berta]

If I get a chance I will ask Bob Walsh, veterans lawyer on his take on this....

he will be our hadit Radio show guest at 10 AM today.

Calls in----1-347-237-4819.

You can click on the show icon to the right of the main forum page and hear the show live via your PC.

Edited December 3, 2014 by Berta

[Berta]

Here is the newest AO ships list:

http://bluewaternavy.org/Ship%20List%20Nov25%202014.pdf

Someone posted it here already but it sure doesn't hurt to post this again.