Da Nang Harbor Interesting Cavc Case

[toddt]

Here is an interesting CAVC case dated April 23, 2015 which may have a huge effect on ships that anchored in Da Nang Harbor.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01203321247&caseId=79055&dktType=dktPublic

The case was remanded in order for the "VA to reevaluate its definition of inland waterways – particularly as it applies to Da Nang Harbor"

This is a precedent case.

Edited April 25, 2015 by toddt

[Berta]

Many Blue Waters have awaited this decision...but it is a remand.......it is a shame that the court itself could not define

"inland waterways.

There is much background here at hadit on this case and the lawyer who is handling it.

The inland waterways surrounding Danang Harbor (N<E< and W) obviously picked up AO in the run offs.

That is only one way the Harbor and ships anchoring in it, were exposed to AO

I posted some maps of Danang here for anyone interested that were part of the CAVC evidence.

Edited April 25, 2015 by Berta

[Berta]

Gee maybe those maps are not here....they can be viewed in the actual CAVC link to the docket that the lawyer posted here:

This can become a big decision for Blue Water Vets....I just hope they can live long enough to see their right AO comp.

But that remand is very disappointing.

I helped a Navy vet once re an AO claim they had proposed to reduce..

He was great about getting all the evidence he could and even got a statement from his daughter's English teacher on

what 'brown water" really was in relation to Vietnam.and the regulations.

But oddly enough , we also suddenly proved he had one boot on ground, ( he had forgotten something that I somehow extracted form his memory and Bingo) not two but one boot only and this is what did it. They canceled his hearing and dropped the proposed reduction.

I wonder if the VA will seek an English teacher to define this ..(hope it wasnt remanded back to a RO, they can hardly read as it is)

Edited April 25, 2015 by Berta