Blue Water Navy: Haas Overtuned!!!

[broncovet]

This is awesome if it sticks!   From Chris Attig

Quote

 

A few weeks ago, I told you about the case of Procopio v. Wilkie. In that case, the Federal Circuit was considering over-ruling the Haas case which refused the presumption of Agent Orange exposure for Blue Water Navy veterans.

Well....about an hour ago, the Federal Circuit published its opinion.

They over-ruled Haas, and extended the presumption of Agent Orange exposure to Blue Water Navy Vietnam Veterans!

Congratulations to attorney John Wells of the Blue Water Navy Vietnam Veterans organization who shepherded this

There will be more info to follow on this - the opinion has a lot to unpack and analyze.

And, we still have some waiting to day. The government has 90 days (plus a 60 day extension) to seek review at the Supreme Court. (My money says they appeal this one.)

But, in the meantime, read the opinion on the link at this page on our website.

 

 

[Berta]

I got this link on it:

https://www.wfla.com/8-on-your-side/investigations/court-rules-va-got-it-wrong-denying-benefits-to-vietnam-war-navy-veterans/1737807655
I will read it all later- this is rather shocking news ( You are right Broncovet- the VA will fight this tooth and nail)

[john999]

For the VA it is just about money.  The political appointees who rule the VA must get on their knees to their bosses in the administration who don't mind giving vast tax cut to cronies and rich corporations,  but balk at giving sick veterans a break.  For generations the VA has opposed giving dental benefits to non-service connected vets.  The health issues are clear,  but the money is the issue.

[Vync]

This is really, really good news!

[broncovet]

The US Supreme Court, if the VA decides to appeal, is unlikely to overturn this.  Most importantly, the US Supreme court  only decided to even "hear" about 2.8% of the cases presented to them.  That does not mean the VA has a 2.8 percent chance of winning..it means they have much less of a chance than that, because the US Supreme court has to "hear" the case before VA has any chance of winning it.  

This explains it:

https://supremecourtpress.com/chance_of_success.html

[Berta]

I agree- it is getting all over the veterans community on the net-

I just hope those BWN vets ,or their survivors ,who need this info, get the news they need.

I do have a feeling this will be a Nehmer Footnote one situation.NVLSP has posted this news at ther site=- but nothing yet on how this will be paid.

[john999]

What kills me is that the government is opposing awarding Blue Water Navy vets AO presumptive due entirely to the cost of the benefits.  This is their entire justification for denying these benefits for the last 40 years.  How many Blue Water vets have died from AO conditions in the last decades?