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Get Your Agent Orange Claim Approved


rthomass

Question

I know there are a lot of blue water Navy Veterans as well as Veterans who served in Thailand, Laos, Cambodia, and Vietnam that have had their agent orange cases denied in the past, The only way you will ever overturn these denials is to read the Haas VS. NIcholson decision as promulgated by the US Court OF Appeals for Veterans Claims. I implore you as a Veteran and a Citizen to write yor Senators and Representative and tell them what we want .... This is a representative democracy....Make Them REPRESENT YOU. Make them change the laws on how your claim is decided... Haas Vs. Nichoson decision presently only rquires you to have a Vietnam Service Medal to presume you were exposed to agent orange. The VA is trying to get this ruling overturned. If the law is changed to that language set forth in the Haas VS. Nicholson decision VA ,will be to put it crudely, Screwed!

OPEN COMMUNIQUE TO ALL LEGISLATORS

TRANSMITED VIA E-MAIL AND FAX 14 NOVEMBER 2006

Subject: Department of Veterans Affairs appeal: Haas Vs. Nicholson

ORIGINALLY SENT TO:

NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attn: Mr. Sparato)

rick_sparato@nvlsp.org

Mr. Spataro in light of the current political climate i.e. Democratic Congress why wait for the United States of Court of Appeals for The Federal Circuit to rule on Haas v. Nicholson ? Would this not be the perfect time to appeal to the U.S. Congress to legislate that Agent Orange was present in all of South East Asia during the Vietnam era (Vietnam, Thailand, Cambodia, and Laos)? . Revised Legislation would presume veterans were exposed to Agent Orange if they had been awarded the Vietnam Service Medal and had contracted any of the eleven diseases presently set forth by the Veterans Administration. Referenced in 38 C.F.R. 3.309(e).

The Decision as set forth in Haas Vs. Nicholson should be a guide to re-write those portions of U.S.C. 38; 38 C.F.R; and M21-1. A Veteran with any of the diseases set forth in the Code of Federal Regulations 3-309(e) “Diseases associated with exposure to certain herbicide agents” should be presumed to have been exposed to the herbicide (agent Orange).

MSGT. Randall D. Thomas Sr., USAF, RETIRED

rthomass@insightbb.com

PO Box 20761

Louisville ky 40250-0761

Edited by rthomass (see edit history)
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Yes- the time has come for this- I griped already to Congressman and Sec Nicholson on this- but time to gripe again-

It only makes sense-

The BVA has made awards of AO disability outside of Vietnam.

I think one for Guam, and one for Thailand and one for Okinawa-

In all of these claims, the veteran proved that they handled or were exposed to AO in very detailed statements that could be verified. I am surprised that no vet that I know of ever claimed exposure in the US of A as they loaded AO onto the planes or the ships.

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I was in Okinawa for a year during the Vietnam War and there were thousands of broken down army trucks and tanker trucks lined up for miles. I have pictures of them. They mostly came from Vietnam to Okinawa to either be scraped or rebuilt. I always felt they must have had that AO on them.

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I don't understand why they have been allowed to seal the records on that for so long. People have been pushing for them to disclose the other places where AO was used -- but as far as I know - they won't release the records.

That is why I am wondering if I should make at least some reference to the AO and Guam in my husband's case -- in case they ever decide to admit it was used there..

Free

Yes- the time has come for this- I griped already to Congressman and Sec Nicholson on this- but time to gripe again-

It only makes sense-

The BVA has made awards of AO disability outside of Vietnam.

I think one for Guam, and one for Thailand and one for Okinawa-

In all of these claims, the veteran proved that they handled or were exposed to AO in very detailed statements that could be verified. I am surprised that no vet that I know of ever claimed exposure in the US of A as they loaded AO onto the planes or the ships.

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Yes- the time has come for this- I griped already to Congressman and Sec Nicholson on this- but time to gripe again-

It only makes sense-

The BVA has made awards of AO disability outside of Vietnam.

I think one for Guam, and one for Thailand and one for Okinawa-

In all of these claims, the veteran proved that they handled or were exposed to AO in very detailed statements that could be verified. I am surprised that no vet that I know of ever claimed exposure in the US of A as they loaded AO onto the planes or the ships.

Berta that Thailand individual was stationed a Nakon Phanom, Thailand which is on the Mekong river across from Laos and the H0-Chi Mihn trail. The irony of it all is that individual and myself were both stationed there from August 1969 to August 1970. We both witnessed agent orange being sprayed around our base perimeter abd over the Ho-Chi Mihn trail just four miles across the river. The Va of course never was know for their uniformity in decisions. (they denied my claim)...and since the BVA is not a true court they will not allow you to cite a previous decision as a precedent or coroborating evidence. Only sure way to beat VA at this game is to petition congress. (See my post on Congressionsl Legislation). My claim is now before the U.S. Court of Appeals for Veteran Claims.

Edited by rthomass (see edit history)
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I also notice that some of the CVA decisions say they can not be used as precedents. Why is that?

Free

and since the BVA is not a true court they will not allow you to cite a previous decision as a precedent or coroborating evidence.
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