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rthomass
HONORABLE SENATOR :____________________ Representative________________
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
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